Apply for security for payment of costs (Form F5)

Use Form F5 to apply for security for costs in unfair dismissal cases. You should apply before we issue a decision in the case.

On this page:

Who can use this form

Only use this form if you:

Have this information ready before you begin. You will need to tell us:

your details
your organisation's details (if you are applying on behalf of an organisation)
your representative's details, such as a lawyer or paid agent (if you are using one)
the details of the person or business you are claiming security for costs against
their representative's details (if they have one)
the Commission case (matter) number and details
the names of both the applicant and the respondent in the matter
your reasons ('grounds') for applying
the amount you are asking for.

We store your information in line with the Form F5 privacy notice (pdf).

Email your completed form to lodge@fwc.gov.au. If you have supporting documents, you should send them at the same time.

You can also send or deliver your documents to the Commission office near you.

Form F5 (doc) – Application for security for payment of costs Form F5 (pdf) – Application for security for payment of costs

You must send (serve) a copy of your application to the person or business you are asking for the order against.

We will consider the application. The Commission normally does not make orders for security of costs before conciliation.

Fair Work Act 2009: Section 404

Fair Work Commission Rules 2024: Rule 67(1)