02 Nov Filing of Family Dispute Resolution Certificates
Before filing a parenting proceeding, parties are required to obtain a certificate from a registered Family Dispute Resolution Practitioner (“FDRP”) before commencing a proceeding in the Federal Circuit and Family Court of Australia. However, there are limited circumstances in which a certificate will not need to be filed.
Section 60i(9) of the Family Law Act 1975 (the “Act”) outline the basis upon which a party can seek an exemption from providing a certificate.
If a party believes an exemption applies and they do not have to provide a certificate, then an Affidavit – Non Filing of Family Dispute Resolution Certificate must also be completed and filed with the Application.
In circumstances where there can be cost consequences made by the Court against parties for failing to comply with section 60i of the Act, it is prudent that all parties considering commencing parenting proceedings take advice from a lawyer that practices in family law.