MEDIATION AND FAMILY DISPUTE RESOLUTION

 

What is a Section 60I Family Dispute Resolution Certificate & do I need one

 

Do I need a Section 60I Family Dispute Resolution Certificate for a Parenting Matter

 

In almost all parenting cases, the Court will require you to file a Section 60I Family Dispute Resolution Certificate when you commence proceedings.

Read more in our separate fact sheet about the types of parenting matters which are exempt from the requirement to file a Section 60I Family Dispute Resolution Certificate before commencing court proceedings.

 

Do I need a Section 60I Family Dispute Resolution Certificate for a Property Settlement or Spousal Maintenance Matter

 

Currently it is not compulsory that you file a Section 60I Family Dispute Resolution Certificate before you commence court proceedings for a property matter.

You can read more in our separate fact sheet about the Court's requirement to attend Mediation or Family Dispute Resolution for a property settlement or spousal maintenance matter.

What is a Section 60I Family Dispute Resolution Certificate

 

After you attend (or attempt) Family Dispute Resolution, the Family Dispute Resolution Practitioner will issue to the parties, a Section 60I Family Dispute Resolution Certificate.  

There are 4 different types of Certificates the Family Dispute Resolution Practitioner can issue:

  1. The party or parties did not attend family dispute resolution with the other party to the proceedings, but that person’s failure to do so was due to the refusal, or the failure, of the other party to attend.
  1. The party or parties did not attend family dispute resolution with the other party to the proceedings because it is considered, having regard to the matters mentioned in the regulations that it would not be appropriate to conduct the proposed family dispute resolution.
  1. The parties attended family dispute resolution and all attendees made a genuine effort to resolve the issue or issues in dispute.
  1. The party or parties attended family dispute resolution with the other party or parties to the proceedings but did not make a genuine effort to resolve the issue or issues in dispute.

If the dispute is not resolved at the family dispute resolution conference, then a Section 60I Family Dispute Resolution Certificate must be issued.

The type of Section 60I Family Dispute Resolution Certificate the Family Dispute Resolution Practitioner issues may give the court an indication of a party’s willingness to make a genuine effort to resolve the dispute. 

This is due to the different categories of Certificate the Family Dispute Resolution Practitioner can issue, depending on:

  • each of the parties’ willingness to attend a Family Dispute Resolution Conference; and
  • the level of participation in the Family Dispute Resolution Conference and making a genuine effort to resolve the issues in dispute.

 

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Content By:
Michelle Beatty
MRB LAW

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