Affidavit - non-filing of family dispute resolution certificate

Under s 60I(7) of the Family Law Act 1975, an application for a parenting (Part VII) order must not be accepted for filing unless the applicant files a certificate from a family dispute resolution practitioner or the court grants an exemption under s 60I(8A). The court can only grant an exemption on a ground in s 60I(9), such as child abuse or family violence or a risk of either, a contravention within 12 months of the order showing serious disregard for it, urgency, or a party being unable to participate effectively in family dispute resolution. Rule 4.02(1)(b) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires an applicant seeking the exemption to file an affidavit in the approved form, unless another affidavit in the case already sets out the facts. This is that form.

When you need it

• You are filing an application for final parenting orders and you do not have a section 60I certificate.
• You are filing a contravention application about a parenting order made in the last 12 months and rely on the serious disregard ground. The court's contravention page points to this affidavit.
• Not needed for interlocutory parenting orders: explain the exemption in the affidavit that supports your Application in a Proceeding instead.
• Not needed if you are filing an Application for Consent Orders or applying in response to someone else's application.

1. 1

   Filing details and deponent

   Tick the court division, give the name of the party it is filed for, the name of the person swearing or affirming it and the date.

2. 2

   Part A - parties and address for service

   Name each applicant and respondent. Give an address in Australia where you will receive documents (it need not be your home) and an email address. Include the firm name and lawyer's code if a lawyer acts.

3. 3

   Part B - about you

   Give your name, occupation and an address. You do not have to give your residential address.

4. 4

   Part C - the exemption grounds and the facts

   Tick each ground that applies: abuse or family violence (or a risk of either), the 12 month contravention ground, urgency, inability to participate effectively, or an application for another order in proceedings where a certificate was filed. Under each ticked ground, set out the facts in numbered paragraphs. The form warns that ticking alone is not enough.

5. 5

   Extra pages

   Number any extra pages; you and the witness sign the bottom of each. The page with Part D must be the last page.

6. 6

   Part D - swear or affirm

   Sign before a Justice of the Peace, notary public, lawyer or authorised court staff member, who prints their name and ticks their capacity. Complete the prepared or settled by box.

• File the affidavit with your parenting application. If the exemption is refused, the court must not accept the parenting application (s 60I(7)).
• It is served with the application. An Initiating Application (Family Law) must be served personally (Table 2.2, r 2.28), by someone other than you (r 2.35(3)).
• If the exemption is granted on the ground of past abuse or family violence, the court cannot hear the application until you have indicated in writing that you received information from a family counsellor or family dispute resolution practitioner, unless an exception applies (s 60J). The court's Acknowledgment form is used for this.

• Give specific facts: what happened, when and who was involved. Vague statements make the exemption harder to grant.
• Only tick statements that are true. You are swearing or affirming them.
• A party affected by an exemption granted by a delegate, such as a registrar, can ask the court to review it (s 60I(12)).