Section 60I FDR Certificates: Understanding the 5 Types

Overview: The Five Certificate Types

Under Section 60I(8) of the Family Law Act 1975, a registered Family Dispute Resolution Practitioner (FDRP) may issue one of five certificate types. Each type indicates a different outcome from the FDR process and signals different information to the court.

Type A: Both Parties Attended with Genuine Effort

A Type A certificate is issued when both parties attended FDR and the practitioner is satisfied that both made a genuine effort to resolve the issues in dispute. This is the most constructive outcome from FDR — it shows the system worked as intended.

Requirements for Type A

• Both parties attended the FDR sessions (in person, by phone, or video).
• Both parties participated constructively in discussions.
• Both made a genuine effort to reach agreement, even if ultimately unsuccessful.
• The practitioner assessed both parties as engaging in good faith.

How courts view Type A certificates

Courts view a Type A certificate positively — it shows both parties tried to resolve matters outside of court. When both parties have demonstrated genuine effort, the court will proceed to determine the matter on its merits without any adverse inference against either party regarding their cooperation.

If you reached a partial agreement during FDR (for example, agreeing on school holidays but not regular time), you can ask the court to make orders reflecting that agreement while determining the disputed issues.

Type B: Other Party Refused or Failed to Attend

A Type B certificate is issued when you attended and made genuine effort, but the other party either refused to attend, failed to attend, or did not make a genuine effort to resolve the dispute. It allows you to proceed to court despite the other party's non-participation.

When Type B applies

• Refused to attend — explicitly declined the invitation to FDR, stated they would not participate, ignored multiple contact attempts, or set unreasonable preconditions for attendance.
• Failed to attend — did not show up to scheduled sessions, repeatedly cancelled at the last minute, was uncontactable after initial agreement, or attended intake but not joint sessions.
• Did not make genuine effort — attended but refused to discuss key issues, made unreasonable demands with no willingness to compromise, was deliberately obstructive, or used FDR to delay rather than resolve matters.

Type C: FDR Not Appropriate — Safety Concerns

A Type C certificate is issued when the FDR practitioner determines that FDR is not appropriate, typically due to family violence, child abuse, or other serious safety concerns. It allows you to proceed directly to court without completing joint FDR sessions.

Grounds for a Type C certificate

• Family violence — history of physical, emotional, psychological, or financial abuse.
• Child abuse — allegations or evidence of abuse or neglect of a child.
• Power imbalance — severe disparity making fair negotiation impossible.
• Risk of harm — genuine concern that FDR could cause harm to a party or child.
• Intervention orders — existing domestic violence orders prohibiting contact.

The assessment process

During intake, the FDRP conducts a thorough risk assessment. This includes asking about any history of violence, current safety concerns, and the nature of the relationship. If the practitioner identifies safety issues, they may issue a Type C certificate without requiring you to attend joint sessions with the other party.

Type D: Practitioner Not Making Further Attempts

A Type D certificate is issued when the FDR practitioner started the process but has determined not to continue or make further attempts to conduct FDR. Unlike Type B, this does not necessarily mean either party was at fault.

Common reasons for Type D

• Impasse reached — FDR commenced but the parties are so far apart that continued sessions would be unproductive.
• Breakdown during sessions — one or both parties became unable to participate constructively.
• Issues emerged during FDR — safety or other concerns became apparent that were not evident at intake.
• Futility — continuing FDR would serve no useful purpose given the positions of the parties.

Unlike Type B, a Type D certificate does not automatically reflect poorly on either party. The court will look at all circumstances rather than automatically drawing adverse inferences. It recognises that attempts were made but proved unproductive.

Type E: Other Prescribed Reasons

A Type E certificate covers situations where FDR was not attended due to other reasons specified in the Family Law Regulations — circumstances beyond the categories covered by Types A through D. The court accepts that FDR was not possible and will expect supporting evidence.

Examples of prescribed circumstances

• Geographic remoteness — parties located in areas where FDR services are inaccessible.
• Language barriers — no appropriate interpreter services available.
• Incapacity — a party has a disability that prevents meaningful participation.
• Other party unlocatable — despite reasonable efforts, cannot contact the other party.
• Other party overseas — in a country where FDR cannot practically occur.

12-Month Validity Rule and Renewal

All Section 60I certificates are valid for 12 months from the date of issue. This 12-month period is firm — a certificate cannot be extended, and the court registry will reject your application if it has expired.

Key points about validity

• The 12-month period starts from the date the certificate was issued, not when you received it.
• You must file your court application within 12 months — it does not need to be finalised.
• This applies to all certificate types (A, B, C, D, and E).
• A certificate cannot be extended — if it expires, you need a new one.

Obtaining a new certificate

If your certificate expires or circumstances change significantly, you may need to undertake FDR again. You will need a new certificate when the original has expired before filing, circumstances have changed substantially, the court has ordered you to attempt FDR again, or your previous certificate was rejected. Contact an accredited FDRP, complete a new intake assessment, and note that previous history will be recorded — you may receive the same or a different certificate type.

How Courts View Different Certificates

While all certificate types allow you to proceed to court, the type of certificate can influence how the court views the parties and their conduct. Understanding this helps you prepare your application and anticipate the other party's response.

• Type A — neutral starting point: the court views both parties as having engaged constructively. No adverse inferences are drawn. The court proceeds to determine matters on their merits.
• Type B — potential adverse inference: the court may consider the other party's refusal when assessing their attitude toward co-parenting under Section 60CC. Costs orders are possible against the party who refused.
• Type C — safety concerns acknowledged: the court recognises that FDR was inappropriate due to safety issues. Safety measures may be implemented during proceedings, such as separate waiting areas or telephone appearances.
• Type D — impasse recognised: the court understands that attempts were made but proved unproductive, without automatically finding fault with either party.
• Type E — circumstances accepted: the court accepts that FDR was not possible due to prescribed circumstances, and will expect supporting evidence of the reason.

Common questions