Document ID: chunk:federal_register_of_legislation:C2008C00441:clause:1_60i:p2
Version: federal_register_of_legislation:C2008C00441
Segment Type: clause
Provision Reference: sch 1 cl 60I (pt 2/3)
Character Range: 25582–28121

kinds of certificates to a person:
 (a) a certificate to the effect that the person did not attend 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 the person's failure to do so was due to the refusal, or the failure, of the other party or parties to the proceedings to attend;
 (aa) a certificate to the effect that the person did not attend 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, because 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 conduct the proposed family dispute resolution;
 (b) a certificate to the effect that the person attended 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, and that all attendees made a genuine effort to resolve the issue or issues;
 (c) a certificate to the effect that the person attended 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 person, the other party or another of the parties did not make a genuine effort to resolve the issue or issues.

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