QLD No Mediation - Can Family Court Application be Thrown Out?

[prosurfer]

I was served court documents on Friday night, including a section 60i despite no mediation having taken place. The certificate states that they consider dispute resolution would not be appropriate under sub regulation 25(2), despite not having contacted me at any time with regard to this.

Just wondering about the legality of this. Surely I should have been consulted before making such a decision or at least informed? The certificate was issued in February but this is the first I have heard about any dispute resolution or section 60i.

Am I within my rights to contact the practitioner for details of the reason they made this decision and why I was not contacted? Can the family court application be thrown out if the section 60i was issued due to false information provided by the other party?

 

[Migz]

The question here is... Mediation took place back in February. Well it didn't...but now that you have been served, you will be the respondent. So what is the current arrangement with the children?

Yes you can ring the practitioner, you can even request that another one goes ahead...but...you have a court case coming up, so it would be in your best interest to prepare your "initiating application federal circuit court" "interim orders" "final orders" "affidavit" "annexures" and "notice of risk".

You can advise the judge on the day that you seek an adjournment so that FDR (family dispute resolution) can take place...

 

[Rod]

Is there/has there been any allegations of violence, violence orders made against you?

Reg 25(2) of what regulation?

 

[Lennon]

Presumably the Family Law (Family Disputes Resolution Practitioners) Regulations. A certificate can be issued if a family dispute practitioner considers family dispute resolution is not appropriate because of a history of family violence, safety of the parties, equality of bargaining power, the risk a child may suffer abuse, the emotional, psychological and physical health of the parties or any other relevant matter.

I would not bother contacting the family dispute practitioner. Focus on the real issue - responding to the proceedings that have been commenced.

 

[Rod]

I would not bother contacting the family dispute practitioner.

I agree. Your ex likely made this request and it is therefore indicative that she has no intention of using mediation in an attempt to settle your dispute.

Presumably the Family Law (Family Disputes Resolution Practitioners) Regulations.

Thank you.