Genuine Steps Certificate

Understanding the Genuine Steps Certificate

A Genuine Steps Certificate is a mandatory document filed alongside most Initiating Applications in the Federal Circuit and Family Court of Australia. It certifies that before commencing court proceedings, you took genuine steps to resolve the dispute — or explains why it was not appropriate to do so.

The certificate exists because Australian family law actively encourages parties to resolve disputes without going to court. Filing the certificate confirms you have complied with pre-action procedures and made a genuine effort to settle matters before asking a judge to decide for you.

Legal basis

The requirement is established under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, specifically Rule 3.03. It implements the overarching purpose of the Family Law Act 1975 to resolve disputes as quickly, inexpensively, and efficiently as possible.

Parenting vs property matters

The pre-action requirements differ depending on whether your matter involves parenting or property:

• Parenting matters — you must attend Family Dispute Resolution (FDR) and obtain a Section 60I certificate before filing, unless an exemption applies. The Genuine Steps Certificate is filed alongside the 60I certificate. Section 60I Certificate Guide
• Property and financial matters — no 60I certificate is required. However, you must demonstrate that you have taken genuine steps to resolve the financial dispute, which may include correspondence, negotiation, or mediation. Financial Statement Guide

When the certificate is required

The certificate is required for:

• Initiating Applications for parenting orders
• Initiating Applications for property/financial orders
• Applications to vary existing orders
• Combined parenting and property applications

It is not required for:

• Divorce applications
• Applications for consent orders
• Urgent applications (with leave of court)
• Contravention applications

Pre-Action Procedures

Before filing court proceedings, the law requires you to follow specific pre-action procedures. These are designed to give both parties every opportunity to reach agreement without the cost, stress, and delay of contested litigation.

Pre-action steps for parenting matters

1. Attempt direct negotiation — try to resolve the parenting dispute directly with the other party through conversations, written proposals, or correspondence. Keep records of all attempts.
2. Attend Family Dispute Resolution (FDR) — if direct negotiation fails, attend FDR with an accredited practitioner. The FDR practitioner will issue a Section 60I certificate, which must be filed with your application.
3. Document all steps taken — record every genuine step: dates of conversations, copies of letters or emails, mediation attempts, and any proposals made or rejected. This evidence supports your Genuine Steps Certificate.

Pre-action steps for property matters

1. Provide full financial disclosure — share a comprehensive list of your assets, liabilities, superannuation, and income with the other party. Disclosure is an ongoing obligation throughout proceedings.
2. Make a written settlement offer — put forward a genuine proposal for dividing the property pool. The offer should be reasonable and based on a realistic assessment of each party's contributions and future needs.
3. Respond to proposals within 14 days — if the other party makes a settlement proposal, respond in writing within 14 days. Ignoring proposals or refusing to engage can count against you.
4. Consider mediation or a collaborative process — if direct negotiation stalls, engage a mediator or consider a collaborative law process. Property mediations often achieve outcomes that would take months to reach through litigation.

What Counts as a Genuine Step?

The rules do not prescribe an exhaustive list. Instead, the court looks at whether your efforts to resolve the dispute were sincere, reasonable, and proportionate to the issues.

Written correspondence

• Sending a letter or email outlining your position
• Making a specific written settlement proposal
• Responding in writing to the other party's proposals
• Requesting financial disclosure in writing

Mediation and FDR

• Attending family dispute resolution (parenting matters)
• Participating in private mediation (property matters)
• Engaging a collaborative lawyer
• Attending a conciliation conference

Financial disclosure

• Exchanging lists of assets and liabilities
• Providing copies of financial documents
• Obtaining and sharing property valuations
• Disclosing superannuation information

Direct negotiation

• Face-to-face or phone discussions about resolution
• Lawyer-to-lawyer negotiation on your behalf
• Engaging through a family relationship centre
• Seeking legal advice about settlement options

The "genuine" test

The court assesses whether your steps were truly genuine by examining the totality of the circumstances. Key factors include:

• Were your proposals realistic and made in good faith?
• Did you provide full and frank disclosure of your financial position?
• Did you respond to the other party's proposals within a reasonable time?
• Did you attend mediation or FDR with a willingness to compromise?
• If the other party refused to engage, did you document your attempts?

Step-by-Step Filing Guide

The Genuine Steps Certificate is not a standalone filing — it is filed as part of your Initiating Application package.

Step 1 — Gather evidence of your genuine steps

Before completing the certificate, assemble all evidence of the genuine steps you have taken:

• Copies of correspondence (letters, emails, text messages)
• Section 60I certificate (for parenting matters)
• Mediation certificates or attendance confirmations
• Financial disclosure documents exchanged
• Written settlement proposals sent and received

Step 2 — Complete the certificate form

The certificate form requires you to either certify the genuine steps you have taken, or explain why it was not appropriate to take genuine steps (e.g., family violence or urgency). Key sections of the certificate:

• Part A — Party details: your name, the other party's name, and the case file number (if applicable).
• Part B — Steps taken: a chronological list of all genuine steps you have taken, with dates and brief descriptions.
• Part C — Exemptions: if claiming an exemption, identify which exemption applies and the facts supporting it.
• Declaration: signed declaration that the contents of the certificate are true and correct.

Step 3 — Be specific and chronological

When listing your genuine steps, provide specific dates and details. Vague statements weaken your certificate.

Step 4 — File with your Initiating Application

The Genuine Steps Certificate is filed at the same time as your Initiating Application. The complete filing package typically includes:

• Form 4: Initiating Application (the main application)
• Genuine Steps Certificate (this document)
• Section 60I certificate (parenting matters only)
• Form 11: Notice of Risk (parenting matters only)
• Supporting affidavit (depending on registry requirements)

Step 5 — File online or at the registry

You can file through the Commonwealth Courts Portal (online) or at a court registry in person. Online filing is available 24/7 and is the preferred method. In-person filing is limited to registry business hours, but registry staff can check form completeness before acceptance.

Exemptions from Genuine Steps

In certain circumstances, it may not be safe, appropriate, or possible to take genuine steps before filing. The rules recognise several exemptions, but you must still file the certificate and explain which exemption applies.

Family violence or abuse

If there is a history of family violence, abuse, or risk to you or a child, you are exempt from taking genuine steps. The court recognises that direct negotiation or mediation is inappropriate and potentially dangerous in these situations.

State that family violence has occurred or there is a risk of violence. You do not need to provide detailed evidence in the certificate itself — this will be addressed in your affidavit and Form 11 Notice of Risk.

Urgency

When there is an urgent risk to a child, a risk of assets being dissipated, or other circumstances that make delay dangerous, you may be exempt from completing pre-action procedures. Urgent matters can be filed without a fully completed certificate.

Common urgency scenarios: child at risk of harm, party about to leave Australia with children, assets being hidden or sold, imminent expiry of a limitation period.

Other party refuses to engage

If you have made genuine attempts to contact the other party and they have refused to respond or participate, you can note this in the certificate. Document all attempts including dates, methods of communication, and the lack of response.

Keep copies of unanswered letters, emails, and text messages. Record dates and times of unanswered phone calls. Allow a reasonable response period (at least 14 days) before concluding the other party will not engage.

Incapacity or location unknown

If the other party lacks capacity (e.g., severe mental health condition), is in prison, or their location is genuinely unknown, pre-action steps may not be feasible. The certificate should explain the specific circumstances.

What Happens After Filing

Once your Genuine Steps Certificate is filed as part of your application package, the court processes it and the proceedings commence.

Court review of the certificate

The court may review your Genuine Steps Certificate at any stage of the proceedings:

• At filing — registry staff check that the certificate has been included. If missing, your application may be rejected or accepted with a direction to file the certificate within a set timeframe.
• At first hearing — the judicial officer may ask about the genuine steps taken. If the certificate is inadequate, the court may direct further attempts at resolution before proceeding.

Costs consequences

The court can consider the genuineness of pre-action steps when making costs orders under section 114UB of the Family Law Act (which replaced section 117 on 10 June 2025). If a party:

• Failed to take genuine steps — the court may order that party to pay some or all of the other party's legal costs, on the basis that proper pre-action engagement may have avoided the need for court proceedings.
• Made a false certificate — filing a certificate that misrepresents the steps taken can result in costs orders, contempt proceedings, and damage to your credibility before the court.

Common Mistakes to Avoid

Self-represented litigants frequently make errors with the Genuine Steps Certificate that can delay their application, trigger costs consequences, or undermine their credibility.

Procedural errors

• Not filing the certificate at all — your application may be rejected.
• Using an outdated form — always download the current version from the court.
• Leaving sections blank — incomplete certificates will be queried.
• Not signing the declaration — unsigned certificates are invalid.

Content errors

• Being too vague — "I tried to talk" is insufficient.
• Exaggerating steps taken — misrepresentation harms credibility.
• Omitting dates — the certificate should be chronological.
• Not distinguishing types of steps — separate parenting from property steps.

Strategic errors

• Rushing to file — taking genuine steps properly takes time.
• Making token efforts — the court can distinguish genuine from performative.
• Not keeping records — if you can't prove it, it may not count.
• Wrongly claiming exemption — only claim when genuinely applicable.

Exemption errors

• Not explaining the exemption — simply ticking a box is insufficient.
• Claiming violence without corroboration — have supporting evidence ready.
• Claiming urgency without urgency — true urgency must exist.
• Not filing the certificate at all — even exempt filers must file the form.

Frequently Asked Questions