What is a concise statement?

A concise statement is a brief, plain language document, often drafted in narrative form, used by the Federal Court of Australia (Federal Court) to ‘triage’ a case.^[1]  Concise statements were introduced as part of the Federal Court’s Commercial and Corporations Practice Note (Practice Note), which came into effect on 25 October 2016.  Its stated purpose is to clarify the true nature of the legal dispute and help determine the most appropriate process for preparing the case for trial or alternative dispute resolution.^[2]  This article will discuss the role of the concise statement in case management, its benefits for the parties in the Federal Court and the best practices for its preparation and use.

Purpose and function of a concise statement

Conceptually, a concise statement functions as a succinct preview of the case – comparable to a trailer for your favourite film – designed to convey the essential issues, facts and relief sough to the Court, offering a clear and efficient overview before the full detail of the proceeding unfolds.

The Federal Court’s Practice Note provides guidance on the management of commercial proceedings,^[3] including the use of concise statements. Clause 5.3 outlines that a concise statement may be filed with an originating application to facilitate early case management,^[4] or alternatively, at any stage of the proceedings as directed by the Court.  Clause 5.4 further explains the purpose of a concise statement, stating:

“The purpose of a concise statement is to enable the applicant to bring to the attention of the respondent and the Court the key issues and key facts at the heart of the dispute and the essential relief sought from the Court before what might be the considerable cost of preparation of detailed pleadings is incurred.”^[5]

A concise statement distils the core elements of a case, allowing judges and parties to quickly understand the integral issues at the heart of the dispute.^[6]  It is particularly valuable in cases involving complex financial, scientific, or technological subject matter, where clarity and efficiency are often hindered by technical language and intricate concepts.

What is the approved form of a concise statement

Interim Form NCF1 available on the Federal Court’s website, provides a template for those attempting to draft one.  The Practice Note states that the following information should be included:^[7]

• district registry;
• division;
• names of the applicant and respondent;
• the important facts giving rise to the claim;
• the relief sought from the Court (and against whom);
• the primary legal grounds for the relief sought;
• the alleged harm suffered by the applicant, including – wherever possible – a conservative and realistic estimate or range of loss and damage; and
• a certificate of a lawyer, including a signature.

A concise statement should not exceed five (5) pages, be “plain, concise, and direct in every regard” and contain no repetition.^[8]  The statement will form a ‘summary‘ with limited technical details.  The Practice Note specifies that the concise statement should not be a substitute for a pleading and may instead be ‘drafted in a narrative form’.^[9]

What are the benefits of concise statements?

According to the Practice Note the primary benefits of concise statements include:

• Early clarification of issues – concise statements help identify the core facts, legal issues and relief sought at the outset streamlining case management and reducing the need for extensive initial pleadings.^[10]
• Improved efficiency and reduced costs – by avoiding the immediate need for lengthy pleadings, parties can save considerable time and expense in the early stages of litigation.^[11]
• Judicial and party accessibility – the plain language and narrative style of concise statement enhances comprehension, particularly in complex matter involving financial, technological or scientific issues.^[12]
• Flexible case management tool – concise statements may be used not only at the initiation of the proceeding but also at any time as directed by the Court, supporting tailored and proportionate case management.^[13]

Cases on the use of concise statements in Federal Court cases

ASIC v ANZ Banking Group Ltd [2019] FCA 1284

In ASIC v ANZ Banking Group Ltd [2019] FCA 1284, a concise statement was used to clarify and assist the progression of the case, eliminating the need for a long pleading and preventing wasted costs.^[14]  From the concise statement, the Chief Justice Allsop was able to acknowledge that a degree of cooperation existed between the parties based on a shared narrative presented.^[15]  Chief Justice Allsop stated that the clear summary outlined in the concise statement prevented the need for further interrogation and examination, reducing the cost and length of litigation.^[16]

Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121

Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121 discusses the importance of distinguishing between the need for pleadings or a statement of claim as opposed to a concise statement.^[17]  Judges McKeeracher and Colvin remarked that the purpose of a concise statement is to facilitate the management of a case from an early stage.^[18]  The case notes that concise statements are not a comprehensive and detailed statement of all matters.^[19]  However, pleadings are.  Where a “fair disclosure” of “precise issues” is required, a pleading may be more appropriate.^[20]  In this case, it was decided that it may proceed on the basis of a concise statement, so long as it is not relied upon as if it were a pleading.^[21]  It was also noted that, while a concise statement may contribute to a fair disclosure of all relevant information, it is beneficial to consider more than just this.^[22]

ASIC v Bettles [2020] FCA 1568

ASIC v Bettles [2020] FCA 1568 raised the question of whether a concise statement accurately identifies relevant information.  From the concise statement and supplementary concise statement, Acting Chief Justice Greenwood could not establish a coherent claim given the lack the sequential identification.^[23]  It also failed to adequately engage with the conduct required under the provisions of the act which was allegedly contravened.^[24]  It was decided that the concise statement could still be utilised given it contained a range of useful information.^[25]  However, it was held that ASIC should file a statement of claim because the concise statement alone was not sufficient to support the progression of the case.^[26]

The above cases illustrate both the advantages and limitations of using concise statements in Federal Court proceedings.  Collectively, they demonstrate that while concise statements can be effective tools in facilitating early case management, their usefulness depends on the complexity of the issues and the level of detail required to ensure procedural fairness.

Links and further references

Legislation

Commercial Corporations Practice Note (C&C-1) (2025)

Federal Court Case Management Handbook

National Court Framework Form 1

Cases dealing with concise statements

Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121

ASIC v ANZ Banking Group Ltd [2019] FCA 1284

ASIC v Bettles [2020] FCA 1568

Further information

If you need advice on using a concise statement in Federal Court litigation, contact us for a confidential and obligation-free discussion:

Disclaimer

This article contains general commentary only.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

^[1] Federal Court of Australia, ‘Chapter 6 – Identifying and Narrowing the Issues’ in Case Management Handbook (Federal Court of Australia, 2014) 8,11.

^[2] Federal Court of Australia, ‘Chapter 6 – Identifying and Narrowing the Issues’ in Case Management Handbook (Federal Court of Australia, 2014) 11.

^[3] Commercial Corporations Practice Note (C&C-1) (2025).

^[4] Commercial Corporations Practice Note (C&C-1) (2025) cl 5.3.

^[5] Commercial Corporations Practice Note (C&C-1) (2025) cl 5.4.

^[6] Federal Court of Australia, ‘Chapter 6 – Identifying and Narrowing the Issues’ in Case Management Handbook (Federal Court of Australia, 2014) 8.

^[7] National Court Framework Form 1; Commercial Corporations Practice Note (C&C-1) (2025) cl 5.6.

^[8] National Court Framework Form 1.

^[9] Commercial Corporations Practice Note (C&C-1) (2025) cl 5.4.

^[10] Commercial Corporations Practice Note (C&C-1) (2025) cl 5.4 “ ..to bring to the attention of the respondent and the Court the key issues and key facts at the heart of the dispute and the essential relief sought…”

^[11] Commercial Corporations Practice Note (C&C-1) (2025) cl 5.4.

^[12] Commercial Corporations Practice Note (C&C-1) (2025) cl 6.1.

^[13] Commercial Corporations Practice Note (C&C-1) (2025) cl 5.3.

^[14] ASIC v ANZ Banking Group Ltd [2019] FCA 1284, [7]-[8].

^[15] ASIC v ANZ Banking Group Ltd [2019] FCA 1284, [10].

^[16] ASIC v ANZ Banking Group Ltd [2019] FCA 1284, [9].

^[17] Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121, [139].

^[18] Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121, [141].

^[19] Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121, [144].

^[20] Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121, [144].

^[21] Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121, [148].

^[22] Allianz Australia Insurance Ltd v Delor Vue Apartments [2021] FCAFC 121, [148].

^[23] ASIC v Bettles [2020] FCA 1568, [130].

^[24] ASIC v Bettles [2020] FCA 1568, [120].

^[25] ASIC v Bettles [2020] FCA 1568, [132].

^[26] ASIC v Bettles [2020] FCA 1568, [132].

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