Section 60i Certificates – What are they?
A Section 60I Certificate is issued by family dispute resolution practitioners pursuant to Chapter 21, Section 60I, of the Family Law Act, requiring all persons who are applying for a parenting order to first make a genuine effort to resolve their issue/s by family dispute resolution before going to court.
There are five types of 60I certificates that may be issued under this requirement, as follows:
1. A party did not attend because the other party failed or refused to attend;
2. A party did not attend because the practitioner determined that family dispute resolution is inappropriate;
3. The parties attended and all of them made a genuine attempt to resolve the issue;
4. The parties attended but one or more parties did not make a genuine attempt to resolve the dispute; and
5. The parties started the family dispute resolution, but the practitioner deemed it inappropriate to continue.
If you are involved in family dispute resolution mediation, it is important to a make genuine effort to resolve their issue. This is because a party who has received a ‘no genuine effort’ certificate may be held liable for costs of subsequent legal proceedings. A certificate is valid only within 12 months from issue.