What the legislation says
Section 60I of the Family Law Act 1975 requires a certificate to be filed with a parenting application. The legislation itself does not specify an expiry date — however, the Federal Circuit and Family Court of Australia states that certificates are valid for 12 months from the date of issue.
Practical guidance
If you received a Section 60I certificate some time ago and have not yet filed, seek legal advice before doing so. Your lawyer can advise whether the court is likely to accept the existing certificate or whether a fresh FDR attempt is advisable in your circumstances.
If circumstances have changed significantly since the certificate was issued — for example, new family violence concerns, a change in the child's living arrangements, or a material change in either party's situation — a fresh FDR attempt may be more productive regardless of whether the certificate is still within the 12-month window.
Certificate types and their context
The certificate records the type of outcome from FDR — whether mediation was genuinely attempted, whether a party refused, or whether FDR was assessed as unsuitable. Courts can and do consider the certificate type when dealing with cost applications. A certificate showing one party did not make a genuine effort (s60I(8)(c)) can be taken into account in costs orders against that party.
WA — different rules apply
In Western Australia, family law matters involving children are governed by the Family Court Act 1997 (WA) and section 66H, not s.60I of the Commonwealth Act. The certificate requirements may differ. Always confirm the applicable rules with a WA family lawyer if you are filing in the Family Court of Western Australia.
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