Genuine Steps Certificate

Rule 4.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires each prospective party to comply with the pre-action procedures in Schedule 1 before starting a proceeding. The form summarises them as steps such as giving the other side a copy of the procedures, inviting them to dispute resolution and giving written notice of the intended claim, and Schedule 1 itself says a Genuine Steps Certificate must be filed with the application or response. A person who applies for final orders, or responds to such an application, must say in the Genuine Steps Certificate either that they complied or the facts on which the court should accept it was not appropriate to comply (r 4.01(4)). The Central Practice Direction requires the certificate to be filed with an Initiating Application or Response (para 4.2). If an applicant did not comply and no exception applies, the court may stay the application and can take the failure into account on costs (r 4.04).

When you need it

• You are filing an Initiating Application (Family Law) seeking final and/or interim orders: the applicant files it with the application.
• You are filing a Response to Initiating Application seeking orders: the respondent files it with the response.
• You did not follow the pre-action procedures and need to state which exception you rely on, such as family violence, urgency or undue prejudice (r 4.01(3)).
• Not with an Application in a Proceeding: there, your affidavit explains your reasonable and genuine attempt to settle the issue (r 4.03(3)).

1. 1

   Court and Part A

   Tick Division 1 or Division 2, give the name of the party it is filed for, then enter the names of the applicants and respondents and who prepared it, with the address for service in Australia, phone and email.

2. 2

   Part B - applicant

   The applicant completes Parts A, B and D. Confirm whether you have read and understood the pre-action procedures, tick each step you completed (such as inviting the other party to dispute resolution and giving written notice), and say whether you took genuine steps or it was not safe to do so.

3. 3

   Exemptions

   If you are relying on an exemption, tick the reasons: allegations of child abuse or family violence or risk, urgency, undue prejudice, or a previous application in the last 12 months. The factual basis goes in your supporting affidavit, not the certificate.

4. 4

   Part C - respondent

   The respondent completes Parts A, C and D: the steps taken, whether genuine steps were taken or it was unsafe, any exemption, and whether you agree with the applicant's certificate. If you disagree, explain why in your affidavit.

5. 5

   Part D - statement of truth

   Sign and date the statement that the contents are true and correct, ticking whether the applicant, respondent or their lawyer signs. A represented party complies through their lawyer (r 4.01(5)).

• File it at the same time as the Initiating Application or Response to Initiating Application. The form warns the application may not be accepted without it.
• Initiating applications and responses can be eFiled on the Commonwealth Courts Portal, with supporting documents uploaded as PDFs under 30 MB, according to the court's eFiling page.
• The court's service page lists the Genuine Steps Certificate among the documents to be served personally with an Initiating Application.
• The filing fee is for the application or response it goes with - check the court's family law fee schedule.

• Tick only steps you can prove. If the other side disputes the certificate, they explain why in their affidavit, and the court can take non-compliance into account on costs (r 4.04(2)).
• Some proceedings do not need pre-action procedures at all, including divorce only, nullity, child support and bankruptcy matters (r 4.01(2)).
• Parenting applications also need a section 60I certificate from a family dispute resolution practitioner, or an exemption, which is separate from this form (r 4.02).