Bellini & Bellini

In the matter of *Bellini & Bellini*, Her Honour Judge C. E. Kirton QC of the Federal Circuit Court of Australia considered an application by the Respondent Husband for interim and final parenting orders. The Applicant Wife sought an adjournment of these applications. The central dispute revolved around the Husband's failure to file a Section 60I Certificate, which is generally required before commencing proceedings for parenting orders under Part VII of the *Family Law Act 1975* (Cth).

The court was required to determine whether any of the exceptions to the requirement of filing a Section 60I Certificate, as outlined in subsection 60I(9) of the Act, applied in this case. Specifically, the court examined whether the circumstances involved the Wife's consent to the non-filing, allegations of family violence, issues of urgency, or other specific circumstances that might excuse compliance with the filing requirement.

Her Honour adopted the reasoning in *Valack* that filing a Section 60I Certificate is not a jurisdictional prerequisite for commencing a proceeding for Part VII orders. After considering the evidence and submissions, the court found that none of the exceptions under subsection 60I(9) were met. The Wife did not consent to the non-filing, the allegations of family violence were denied and lacked an intervention order, and the court determined that the circumstances were not sufficiently urgent to fall within subsection 60I(9)(d). Consequently, subsection 60I(7) applied, requiring the Husband to file a Section 60I Certificate.

The court ordered that all extant applications be adjourned to the Federal Circuit Court of Australia for mention on 12 May 2021. Crucially, the Husband's application for interim and final parenting orders was stayed until he filed a Section 60I Certificate provided by a family dispute resolution practitioner. The court did not dismiss the application, acknowledging that the filing of the certificate is not a jurisdictional bar.