Change to Compulsory Dispute Resolution: a reminder to practitioners

03/07/2008

As from 1 July 2008 all applicants, regardless of whether they have filed previous parenting applications (pending or finalised) , must obtain a certificate from a registered family dispute resolution practitioner, prior to applying for parenting orders under Part VII of the Family Law Act (unless an exemption is granted by a registrar). This applies to applications to both the Family Court of Australia and the Federal Magistrates Court.

This means that a certificate issued by a registered family dispute resolution practitioner must be filed with an application for final orders under Part VII of the Family Law Act (eg parenting orders or contravention) unless an exemption is granted by a registrar.

When a final application under Part VII (eg parenting orders or contravention) is lodged in either the Family Court of Australia or the Federal Magistrates Court and an exemption is sought, it should be accompanied by a:

• covering letter seeking an exemption, and
• pro-forma or other affidavit detailing grounds for exemption

3 July 2008