Section 60 Certificates
Failure to Attend Family Dispute Resolution (FDR): What You Need to Know
Family Dispute Resolution (FDR) is a structured mediation process designed to help separated families resolve parenting disputes without going to court. Participation in FDR is encouraged under Australian family law and, in most cases, is a required step before court proceedings can begin.
Failing to attend FDR may have legal and financial consequences.
The Importance of Attending FDR
FDR provides an opportunity for parties to:
Discuss parenting arrangements in a neutral and supported environment
Reduce conflict and focus on the best interests of the child
Avoid the cost, delay, and stress of court proceedings
An accredited FDR practitioner assesses suitability for the process and facilitates discussions between parties.
Section 60 Certificates
Following FDR, an accredited practitioner may issue a Section 60I certificate under the Family Law Act 1975 (Cth).
A certificate may record that:
FDR was attempted
One party failed or refused to attend
FDR was not appropriate in the circumstances
In most parenting matters, a Section 60I certificate is required before an application can be made to the Family Court.
Legal Implications of Failing to Attend FDR
A failure or refusal to attend FDR may be noted on a Section 60I certificate.
The court may take non-attendance into account when managing the case.
Court proceedings may be delayed, including the court directing parties to attempt dispute resolution again.
Non-attendance may affect how the court views a party’s willingness to resolve issues cooperatively.
Financial Implications of Failing to Attend FDR
Court proceedings are generally more expensive than FDR.
If non-attendance is considered unreasonable, the court may order a party to contribute to the other party’s legal costs.
Choosing not to attend FDR may remove an opportunity for early, cost-effective resolution.
Attendance and Participation
Attendance at scheduled FDR sessions is important.
Parties are expected to participate respectfully and in good faith.
If circumstances change or attendance becomes difficult, parties should notify the FDR provider as early as possible
Summary Table: Attendance and Potential Outcomes
| FDR Participation | Section 60I Certificate Outcome | Possible Legal Impact | Possible Financial Impact |
|---|---|---|---|
| Attend and participate | Certificate confirming attendance | Court may view participation positively | Lower overall costs; potential to avoid litigation |
| Attend but no agreement reached | Certificate issued | Can proceed to court | Reduced costs compared to immediate litigation |
| Fail or refuse to attend | Certificate noting non-attendance | Court may consider conduct and delay proceedings | Risk of increased legal costs or costs orders |
| FDR does not proceed | Certificate issued | Court application permitted | Court process may still be costly |
When FDR May Not Proceed
In some circumstances, FDR may not be suitable or may not continue. This assessment is made by the FDR practitioner in accordance with legislative and professional obligations.
Key Points to Remember
FDR is a key step in resolving parenting disputes.
Failing to attend FDR can have legal and financial consequences.
Participation in FDR may reduce the need for court proceedings.
Early engagement in dispute resolution often leads to better outcomes for families.
Legal Disclaimer
Disclaimer:
This information is provided for general information purposes only and does not constitute legal advice. Family Dispute Resolution practitioners do not provide legal advice. The information on this website may not apply to your individual circumstances. You should seek independent legal advice from a qualified Australian legal practitioner before making decisions about your legal rights or obligations. Use of this website does not create a practitioner–client or lawyer–client relationship.