Section 60I Certificate

When is Family Dispute Resolution required?

In Australia, mediation is the preferred approach for families, where the parents have separated and cannot come to an agreement in relation to the care, welfare, and wellbeing of the children.

Mediation presents an opportunity for relevant family members to engage in a structured meeting, in order to discuss disputes and express their interests. An impartial Family Dispute Resolution (FDR) practitioner acts as a neutral third party to guide this process. The practitioner aims to encourage all participants to actively engage in the discussion and ensures each party’s voice is heard.

This same practitioner will issue a Section 60I Certificate if the mediation is unsuccessful. If the Certificate is issued, this then allows for parties to initiate proceedings in the Family Court.

What is a Section 60I Certificate?

A Section 60I Certificate is issued by an FDR practitioner in circumstances where (Family Act 1975 section 60I(8)):-

1. A party did not attend FDR, due to the other party’s failure or refusal to attend;
2. A party did not attend FDR, because the practitioner considers FDR inappropriate in the given circumstances;
3. All attendees made a genuine effort to come to a resolution;
4. A party did attend FDR, but the other party did not make a genuine effort to come to a resolution; or
5. A party did attend, but the practitioner considers it inappropriate to continue with FDR.

The Certificate is a requirement under the Family Law Act 1975 in order to show proof of a genuine effort made to resolve disputes by FDR. This ensures that parents, who are not in agreement on their parenting arrangements, are required to attend mediation. If parties have attempted to come to a resolution, but it was unsuccessful, a Certificate will allow parties to start an application in the Family Court.

When is a Section 60I Certificate not required?

The Certificate is not required if:-

1. A party wishes to file Consent Orders, and an agreement has already been reached;
2. A party is responding to another party’s application;
3. The other party has not adhered to the obligations outlined in the Court Order, and a party wishes to make a Family Court application;
4. One or both parties are unable to effectively engage in FDR;
5. There are concerns of family violence or abuse; or
6. The matter is urgent.

Other circumstances which may not require a Certificate can also be found in Section 60I(9) of the Family Law Act 1975.

If you or someone you know wish to discuss this issue further, then please do not hesitate to contact us on 02 8717 8700.