Parenting Orders and Section 60I Certificates
What is a section 60I Certificate?
Under the Family Law Act 1975 (Cth) (“the Act”), a party seeking to commence Family Court proceedings to obtain parenting orders must attend mediation with a Family Dispute Resolution Practitioner to obtain a “Certificate of Attendance” (known as a “section 60I certificate”).
A section 60I Certificate is not required if any of the following statutory exemptions apply:
• The matter is urgent.
• There are allegations of child abuse and/or family violence.
• There is a risk of family violence.
• Delaying the court application could increase the risk of child abuse and/or family violence.
• A party is unable to participate effectively in family dispute resolution (for example, due to their location or incapacity).
• There are reasonable grounds to believe that a person who allegedly breached an order within the past 12 months has shown a serious disregard for their obligations under that order.
The case of Valack & Valack (No. 2) [2020] FCCA 1799
Judge Jarrett of the Federal Circuit Court examined the limits of a Registrar’s powers when refusing to file an Application for Parenting Orders due to the absence of a section 60I certificate.
His Honour distinguished between:
1. The judicial decision to grant an exemption from the section 60I certificate requirement.
2. The administrative decision whether to accept or reject the Application for filing.
Judge Jarrett held that under the Family Law Act 1975 (Cth) (“Family Law Act”), the lack of a section 60I certificate prevents the Court from hearing the case but does not prevent the Initiating Application from being filed. Accordingly, Judge Jarrett held that the Registrar made a determination without the proper power contained in the Family Law Act, the Federal Circuit Court of Australia Act 1999 (Cth) or the Federal Circuit Court Rules 2001 (Cth).
Regarding the filing refusal, this was an administrative decision made based on irrelevant considerations. As such, it was subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth), not under the Family Law Act or Court Rules.
This ultimately allowed the filing of the Application in question.
The Family Law Amendment Act 2024
From 10 June 2025, the Family Law Amendment Act 2024, alters this position. The amended section 60I(7) now provides that:
a. The Court must not accept an application for parenting orders unless a valid section 60I certificate is filed; or
b. After the making of an application, the Court grants leave for an exemption from having to file the section 60I certificate.
Additionally, from 1 April 2025, the Family Law (Family Dispute Resolution Practitioners) Regulations 2025 replaced the 2008 regulations. Schedule 1 contains a new section 60I certificate. The new certificate is now issued to a single person, rather than the couple jointly.
As such, the Court is now expressly required to reject filings at the administrative stage where the section 60I certificate (or valid exemption) is not granted by the Court.
If you would like any assistance with the above, Dorter Family Lawyers and Mediators are expert family lawyers who specialise in all areas of family law and can assist. Please contact us on (02) 9929 8840.
