Section 60I certificates play a crucial role in Australian family law, particularly for parents seeking court intervention in parenting matters. This page explains the reasoning behind and reasons for issuing these certificates.
Purpose of Section 60I Certificates
- Encourage Family Dispute Resolution (FDR)
- Promote mediation and negotiation between separating parents
- Reduce the burden on the court system by resolving disputes outside of court
- Verify Compliance with Legal Requirements
- Confirm that parties have made a genuine effort to resolve disputes through Family Dispute Resolution (FDR)
- Necessary for filing applications in the Federal Circuit and Family Courts of Australia for family law matters.
Inform the Court
- Provide insight into the parties’ willingness to cooperate
- Help the court understand the circumstances of the dispute
Types of Section 60I Certificates
Certificates can be issued in five different situations:
- One party refuses or fails to attend FDR
- The FDR practitioner deems the process inappropriate for the circumstances
- All parties attend and make a genuine effort to resolve issues
- Parties attend, but one or both fail to make a genuine effort
- FDR begins but is terminated by the practitioner mid-process
Legal Requirements and Implications
- Mandatory for applying to the FCFCOA for family law matters
- Can only be issued by accredited Family Dispute Resolution Practitioners (FDRP)
- Valid for 12 months from the date of issue
- Clients have 12 months from the date of the last attempted or attended mediation to request a s60i certificate
- Courts may consider the certificate type when making decisions
- A ‘failure to attend’ or ‘non-genuine effort’ certificate can result in a costs order against the party who did not attend or make a genuine effort.
- Failure to provide a certificate may result in the court refusing to hear the application
- Issuing a section 60I certificate is at the discretion of the FDRP
Exceptions
In some cases, exemptions may apply:
- Urgent matters
- Cases involving family violence or child abuse
- Inability of parties to participate effectively due to incapacity or physical remoteness
Obtaining a Section 60I Certificate
- Only issued by accredited Family Dispute Resolution Practitioners
- Can only be obtained through an FDR practice
- Issuing a section 60I certificate is at the discretion of the FDRP
