Changes to Family Dispute Resolution

The Family Law (Family Dispute Resolution Practitioner) Regulations 2025 commence on 1 April 2025, replacing the earlier 2008 regulations. These regulations govern the mechanics of family dispute resolution (FDR) provided pursuant to the Family Law Act 1975 as well as practitioner accreditation and registration.

The Attorney-General’s Department has prepared a key summary of the changes (found here).

The majority of changes, including the below, take effect from 1 April 2025.

What are the changes for legal representatives at the conference?

  • Regulation 21:  Parties are to receive information in writing before the conference about matters that are typically raised in our introductory remarks (such as fees, confidentiality, complaints processes etc).
  • Regulation 23:  The FDRP must end the conference if a person asks (this does not affect the ability to issue a s.60I certificate).
  • Regulation 20:  The FDRP must consider an additional matter in assessing whether a conference is appropriate for the parties. In determining whether the parties have the ability to negotiate freely, the FDRP must also consider the issue of undue bias or influence of a person (whether or not that person is a party to the dispute) on the parties.
  • Schedule 1:  A new form of s.60I certificate will issue, which has slightly different wording. The s.60I certificate will also name the person to whom the certificate is given.
  • Regulation 24(2):  A s.60I certificate cannot be issued more than 12 months after the last attended, or attempted to attend, conference (the requirement that the certificate is valid for 12 months is unchanged).

Dispute Resolution Services are working through the changes. Until the new format s.60I certificate becomes implemented, please note that an application for an order under Part VII, or any order made in those proceedings, is not invalidated by a failure to comply with the certificate form in Schedule 1 (Regulation 24(6)).