Family Dispute Resolution: Certificates required from 1st July

Family Dispute Resolution: Certificates required from 1st July

One of the largest changes made to the Family Law Act last year was the requirement, from 1st July this year to not be able to start children’s proceedings in any court, such as the Family Court or the Federal Magistrates Court, without first obtaining a certificate from a family dispute resolution practitioner.

The intention is to encourage people to mediate and negotiate, rather than to go to court.

The compulsory need for the certificate has a number of exceptions, such as domestic violence. The devil is in the detail, as they say, and a person who is wanting to file without a certificate will need to prove to the clerk at the counter that he or she meets one of the exceptions. If not- go back to the start, get your certificate and then try, try again.

This change is seen as being huge, but for the very large number of children’s matters where there is significant violence, matters will be able to start without the certificate.

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board