I slipped on a wet floor at a federal government building. Can I sue the Commonwealth?

What the Law Says

The Commonwealth of Australia can be sued in its own name under federal law, but only in accordance with specific statutory conditions and procedural rules. Key legislation governs when, where, and how such claims may proceed.

You can sue the Commonwealth for negligence (e.g., failing to warn of or clean up a wet floor) under the general law, but only in the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2), as the Commonwealth is not subject to state or territory courts for claims against it.

The Judiciary Act 1903 gives the Federal Court jurisdiction in matters 'in which the Commonwealth is a party' — including tort claims like negligence — under section 79. This means the Commonwealth has waived its immunity from suit in those courts, but only on its own terms.

The Federal Court Rules 2011 require that proceedings against the Commonwealth be started within 6 months after the cause of action arose — unless the court grants an extension. Rule 8.02(1) states this deadline applies 'despite any other law'.

You must file Form 18 (Originating Application – Claim against the Commonwealth) and serve it personally or as permitted by rule — failure to comply may result in dismissal.

Statutory Text

The jurisdiction conferred on the Federal Court by this section includes jurisdiction in respect of matters in which the Commonwealth is a party.

— Judiciary Act 1903, s. 79 — Jurisdiction conferred on Federal Court

Statutory Text

An application for an order against the Commonwealth must be made within 6 months after the cause of action arose.

— Federal Court Rules 2011, r 8.02(1) — Time for making application against the Commonwealth

What to Do

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