What is a Section 60 Certificate?
So you’ve heard about a ‘Section 60’ certificate and dispute resolution certificate in the process of going through the separation either from your lawyer or the court registrar. So what exactly is a Section 60 Certificate and why is it needed when going through a divorce? We will give you the run down on Section 60I certificates.
A s.60I certificate allows people to file an application in the court regarding their separation. The certificate cannot be used for the purpose of evidence.
Only accredited Family Dispute Resolution Practitioners (FDRP) can issue a s.60i certificate. The court has access to details of each FDRP and will check any s.60i certificated lodged with them.
You must make an appointment with an accredited FDRP for an FDR intake and assessment at Mediation for Families. The FDRP will assess your circumstances and will determine whether your case is eligible for FDR or not eligible.
An FDRP, in their discretion can issue one of the following
- the person did not attend FDR due to the refusal or failure of the other person or people
- the person did not attend FDR because the practitioner did not consider it would be
appropriate to conduct FDR
- the people attended FDR, conducted by the practitioner, and all people made a genuine
effort to resolve the issue or issues in dispute
- the people attended FDR, conducted by the practitioner, but one or more of them did not
make a genuine effort to resolve the issue or issues in dispute
- the people began FDR, but part way through the practitioner decided it was not
appropriate to continue.
Sometimes people are unhappy with the certificate issued and we understand this. If you are unhappy with the type issued, you can make an appointment with another FDRP and undergo an intake and assessment with them and they will issue the appropriate certificate. It is important to note that we do not charge a fee for our Standard Intake & Assessment however there are many organisations and sole practitioners charging up to $500/hr per person. Depending on the complexity of an intake and assessment you could spend up to three hours redoing an intake and assessment.
We charge a fixed fee for any document you require. Our fee page details the cost of each document.
Yes. In some cases some parties go ‘shopping’ for a certificate in order to obtain a ‘refusal to attend’ certificate against the other party. When this happens the court will need to examine each individual circumstance before an application is heard.
A s.60i certificate is valid for up to one year from the date you attended FDR with the FDRP. It is important to note that even if you are issued a s.60i certificate the FDRP can issue another certificate stating that FDR is no longer appropriate. This could happen if the FDRP has become aware of family violence.
The FDRP has discretion, whether or not to issue a certificate. See more information here.
Purchasing the Certificates
When you’ve completed an intake and assessment, your FDRP will advise you whether your matter is suitable for Family Dispute Resolution. If not, the FDRP will advise you of such and the certificates can be purchased here.