Document ID: chunk:federal_register_of_legislation:C2024C00859:section:60i:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 60I (pt 2/3)
Character Range: 228160–230702

the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but that the person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues;
 (d) a certificate to the effect that the person began attending family dispute resolution with the practitioner and the other party or parties to the proceedings in relation to the issue or issues that the order would deal with, but that the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to continue the family dispute resolution.
Note: When an applicant files one of these certificates under subsection (7), the court may take the kind of certificate into account in considering whether to make an order referring to parties to family dispute resolution (see section 13C) and in determining whether to award costs against a party (see section 117).

Exception
 (9) Subsection (7) does not apply to an application for a Part VII order in relation to a child if:
 (a) the applicant is applying for the order:
 (i) to be made with the consent of all the parties to the proceedings; or
 (ii) in response to an application that another party to the proceedings has made for a Part VII order; or
 (b) the court is satisfied that there are reasonable grounds to believe that:
 (i) there has been abuse of the child by one of the parties to the proceedings; or
 (ii) there would be a risk of abuse of the child if there were to be a delay in applying for the order; or
 (iii) there has been family violence by one of the parties to the proceedings; or
 (iv) there is a risk of family violence by one of the parties to the proceedings; or
 (c) all the following conditions are satisfied:
 (i) the application is made in relation to a particular issue;
 (ii) a Part VII order has been made in relation to that issue within the period of 12 months before the application is made;
 (iii) the application is made in relation to a contravention of the order by a person;
 (iv) the court is satisfied that there are reasonable grounds to believe that the person has behaved in a way that shows a serious disregard for his or her obligations under the order; or
 (d) the application is made in circumstances of urgency; or
 (e) one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from