Section 60I Certificates

Section 60I certificates are an essential component of the Family Law Act 1975 in Australia, specifically related to family dispute resolution (FDR). These certificates are required when separating couples seek to apply to the court for parenting orders. The purpose of the Section 60I certificate is to demonstrate that the parties have made a genuine effort to resolve their disputes through mediation before resorting to litigation.

Key Aspects of Section 60I Certificates

1. Requirement for Parenting Orders: Under the Family Law Act 1975, separating couples who wish to apply for parenting orders must first attempt to resolve their disputes through FDR. This requirement ensures that parties explore alternative dispute resolution methods before involving the court.

2. Role of Family Dispute Resolution Practitioners (FDRPs): Only registered FDRPs can issue Section 60I certificates. These practitioners are accredited by the Commonwealth Attorney General’s Department and are trained to facilitate mediation sessions between disputing parties.

3. Types of Section 60I Certificates: There are five types of Section 60I certificates that an FDRP can issue:

   • One party did not attend because the other party refused or failed to attend.

   • The FDRP determined that the circumstances were not appropriate for FDR.

   • Both parties attended and made a genuine effort to resolve the issues.

   • One or both parties attended but did not make a genuine effort to resolve the issues.

   • The mediation process started, but the FDRP decided it was not appropriate to continue.

4. Filing with Court Applications: A copy of the Section 60I certificate must be filed with the court application for parenting orders. This certificate serves as evidence that the parties have attempted mediation and outlines the outcome of the FDR process.

Benefits of Section 60I Certificates

1. Encouraging Mediation: The requirement for Section 60I certificates encourages separating couples to engage in mediation, which can be a more amicable and cost-effective way to resolve disputes compared to litigation.

2. Reducing Court Burden: By promoting mediation, Section 60I certificates help reduce the burden on the family court system. This allows the court to focus on cases that genuinely require judicial intervention.

3. Promoting Cooperation: Mediation fosters a cooperative approach to resolving disputes, which can lead to more sustainable and mutually acceptable outcomes. This is particularly important in cases involving children, as it promotes a positive co-parenting relationship.

4. Protecting Vulnerable Parties: FDRPs are trained to identify situations where mediation may not be appropriate, such as cases involving family violence or safety concerns. In such instances, the FDRP can issue a certificate indicating that mediation is not suitable, ensuring that vulnerable parties are protected.

Exceptions to Providing a Section 60I Certificate

There are certain circumstances where a Section 60I certificate is not required. These exceptions include:

• Applications for interim or urgent orders.

• Cases involving family violence or child abuse.

• Situations where one party is unable to participate effectively in mediation due to a physical or mental incapacity.

• Instances where the application relates to a contravention of an existing order made within the last 12 months.

Conclusion

Section 60I certificates play a crucial role in the family law system in Australia by promoting mediation and encouraging separating couples to resolve their disputes amicably. By requiring parties to attempt mediation before applying for parenting orders, these certificates help reduce the burden on the court system, promote cooperation, and protect vulnerable individuals. The involvement of accredited FDRPs ensures that the mediation process is conducted professionally and that the best interests of all parties, especially children, are considered.