60I Certificates
A 60I Certificate is a certificate issued under s 60I of the Family Law Act 1975 (Cth).
The Certificate is a record that parties who approach the Court have attempted Family Dispute Resolution prior to their application.
There are a number of reasons why a practitioner may write a 60I Certificate. Each of them states that the Family Dispute Resolution process is no-longer suitable for the parties involved.
It is important to note that the type of Certificate matters. If a party refuses or fails to attempt Family Dispute Resolution, this may be taken into account if the Court makes a Costs Order.
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If a party refuses to attend mediation, the practitioner may issue this Certificate. Our practitioner may also be obliged to write this Certificate if a parent is delaying or avoiding FDR. Please note that this is at the discretion of the practitioner.
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If the practitioner believes that FDR is not suitable for the family, they may write this Certificate.
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If all parties made a genuine effort to resolve the dispute, the practitioner may write this Certificate. Please note that a genuine effort does not require agreement to issues: it requires an attempt to hear the other party’s perspective and negotiate.
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If one party attends mediation but does not make a genuine effort to resolve the dispute, the practitioner may write this Certificate.
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If FDR has begun but becomes unsuitable, the practitioner may write this Certificate.