Free Section 60I certificate template (family law)
A Section 60I certificate is issued by an accredited Family Dispute Resolution (FDR) practitioner under section 60I of the Family Law Act 1975 (Cth) — parties cannot draft or sign their own. The certificate confirms one of five outcomes: the other party did not attend; the party did not attend; a genuine effort was made but agreement was not reached; a genuine effort was not made; or the practitioner considered the matter not appropriate for FDR. I can explain the required content and your options if FDR has been refused or is impracticable.
Certificate must come from an accredited FDR practitioner
A Section 60I certificate can only be issued by an accredited FDR practitioner registered with the Attorney-General's Department. Parties cannot issue their own certificate. Accredited practitioners are listed on the FDR Register. Most are private mediators, Family Relationship Centres, or Legal Aid FDR services.
The five possible outcomes
Under section 60I(8) of the Family Law Act 1975 (Cth) a certificate can state: (a) the other party did not attend FDR; (aa) the party did not attend; (b) both parties attended and made a genuine effort; (c) both attended but one did not make genuine effort; (d) the practitioner decided FDR was not appropriate. Each outcome has different implications for subsequent court proceedings.
When the certificate is not required
Section 60I(9) lists exceptions: urgent applications; where there is risk of family violence or child abuse; where the parties have already attended FDR in the preceding 12 months; where the application is a consent orders application; and certain other circumstances. These exceptions are strictly interpreted — courts will not hear applications without a certificate unless an exception clearly applies.
How I support family lawyers
I help family lawyers prepare clients for FDR attendance, draft position papers for mediation, and advise on which section 60I exception applies where the client cannot attend FDR safely or reasonably. I cannot issue or sign the certificate — only the accredited practitioner can.
Common issues
- Parties cannot issue their own section 60I certificate — must come from accredited practitioner
- The "genuine effort" outcome (c) is often disputed — practitioners rarely certify lack of genuine effort
- Exceptions for family violence must be supported by evidence where challenged
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