The terms are often used interchangeably, but Family Dispute Resolution has a particular meaning within Australian family law. For parenting disputes, an accredited Family Dispute Resolution Practitioner can conduct FDR and, where appropriate, issue a section 60I certificate required for many parenting applications to the Federal Circuit and Family Court of Australia.

A section 60I certificate is a certificate that can be issued by an accredited Family Dispute Resolution Practitioner in connection with an attempt to resolve a parenting dispute. In most cases, a current section 60I certificate must be filed before an application for parenting orders can be commenced unless an exemption applies.

Usually, if you want to commence proceedings seeking parenting orders. There are exemptions, which can include urgency and matters involving family violence or child abuse, as well as other circumstances specified by law. An FDR Practitioner will also assess whether Family Dispute Resolution is appropriate before conducting a joint mediation.

Before mediation, the FDR Practitioner meets with each participant separately. The intake gives you an opportunity to explain the background, identify the issues you want to resolve and discuss any safety concerns or practical arrangements. It also allows the practitioner to assess whether FDR is appropriate and how the mediation should be structured.

Not necessarily. Depending on the circumstances, FDR may occur jointly, by video conference, using separate rooms or through another appropriately structured process. Safety, power imbalances and each participant's ability to negotiate effectively should be considered when deciding how mediation will operate.

Yes, in private FDR it may be possible for lawyers to attend and assist the participants. Whether lawyers should participate will depend on the type and complexity of the dispute, the needs of the parties and the way the mediation has been arranged.

Parenting FDR can deal with a wide range of practical issues, including where children live, time with each parent, holidays, communication, changeovers, schooling, medical issues, extracurricular activities and arrangements for special occasions.

If you reach agreement, it can be recorded in writing. Depending on the circumstances, you may decide to enter into a parenting plan or obtain legal advice about having the agreement formalised through consent orders.

Not reaching a complete agreement does not necessarily mean the mediation has failed. You may resolve some issues and narrow others. If parenting issues remain unresolved, the FDR Practitioner may issue an appropriate section 60I certificate, and you can obtain legal advice about your next steps.

A Parenting Coordinator helps parents understand and implement their parenting orders or parenting plan, improve communication and address practical disagreements before they escalate. The process may include education about children's needs, communication strategies, conflict management and assistance resolving disagreements about the practical operation of parenting arrangements.

Parenting Coordination may be helpful where parents experience repeated disputes about the implementation of parenting arrangements. Conflict may arise about changeovers, holidays, communication, children's activities, appointments or the interpretation of particular provisions in parenting orders.

Mediation is generally used to help people negotiate an agreement about disputed issues at a particular point in time. Parenting Coordination is usually an ongoing process used after parenting arrangements have already been established. It helps parents implement those arrangements and deal with new day-to-day disagreements as they arise.

No. Parenting Coordination is not a substitute for the Court and a Parenting Coordinator does not rewrite parenting orders. The role is to assist parents to understand, implement and work within the arrangements already in place and to resolve practical disputes within the scope of the Parenting Coordination process.

Parenting Coordination in Australia should not be confused with some overseas models in which a Parenting Coordinator may have decision-making or arbitral powers. The Australian process focuses on education, case management, recommendations and dispute resolution within the agreed or ordered scope of the appointment. A Parenting Coordinator does not replace a Judge.

Parents should not assume that Parenting Coordination operates with the same confidentiality as private mediation. The terms governing communication, record keeping, recommendations and any reporting should be clearly explained at the beginning of the appointment.

Parenting Coordination is designed to operate over time rather than as a single meeting. The length of the appointment depends on the agreement or court orders establishing the process and the needs of the family.

Generally, both parents participate in the process. There may also be individual intake meetings before joint sessions begin. The way sessions are conducted can be adapted to the circumstances of the family and any relevant safety considerations.

That is one of its central purposes. Repeated disagreements about the operation of parenting orders can otherwise lead to ongoing involvement from lawyers, further mediation or applications to the Court. Parenting Coordination gives parents a structured way to deal with those problems earlier, with the goal of reducing conflict and keeping children out of the middle of adult disputes.

In mediation, an independent mediator facilitates negotiations between the parties but does not act as either person's lawyer. In Collaborative Practice, each person has their own lawyer throughout the negotiation process. The lawyers provide legal advice while working within a structured, non-litigious process designed to reach agreement.

No. You do not need to be friends with your former partner to use Collaborative Practice. Disagreement is expected. What matters is whether both people are prepared to participate genuinely, exchange the information required and work towards resolving the issues without using court proceedings as a negotiating weapon.

Yes. Each person has their own independent collaborative lawyer advising and supporting them. Your lawyer's role remains to protect your interests and ensure you understand the legal consequences of the decisions being discussed. The difference is the way everyone works towards resolution.

Collaborative meetings usually involve both parties and their collaborative lawyers, with other members of the professional team attending when needed. Rather than exchanging lengthy letters or offers through lawyers, issues are discussed around the table. The team identifies what matters, gathers the necessary information, develops options and works progressively towards agreement.

At the beginning of the collaborative process, the participants enter into a Participation Agreement setting out how the process will operate. A central feature is the commitment to resolve the issues outside litigation. If the collaborative process ends and one of the parties decides to litigate the issues covered by the agreement, new legal representation will generally be required.

Yes. Collaborative Practice relies on transparency. The parties agree to openly provide the financial and other information needed to make informed decisions. The absence of courtroom proceedings does not mean financial disclosure becomes optional.

It can be. The cost depends on the complexity of the matter, the number of meetings required and the professionals involved. Collaborative Practice is designed to direct professional time towards resolving problems rather than preparing for contested hearings. Many families also value the privacy, greater control and flexibility of the process.

Yes. Collaborative Practice can be used to resolve financial and property issues, parenting arrangements or both. The interdisciplinary model can be particularly useful where financial and parenting issues overlap.

Once agreement is reached, your lawyers can advise you about how it should be legally documented. Depending on the issues involved, this may include an Application for Consent Orders, financial agreement, parenting plan or other appropriate documentation.

If you die without a valid Will, your estate will be distributed according to Victorian legislation.

The distribution of your assets may not align with your intentions and can create additional stress, delays and costs for your loved ones.

Preparing a Will allows you to maintain control over how your estate is managed and distributed.

We recommend reviewing your Will regularly and whenever there is a significant change in your circumstances.

This may include:

• Marriage or divorce
• Separation
• Entering a new relationship
• Having children or grandchildren
• Purchasing property
• Starting or selling a business
• Receiving an inheritance
• Changes to your financial circumstances

An Enduring Power of Attorney allows you to appoint someone you trust to make financial and personal decisions on your behalf if you lose the capacity to make those decisions yourself.

It is an important part of a comprehensive estate plan and can provide valuable protection if unexpected illness, injury or incapacity occurs.

A Medical Treatment Decision Maker is a person you appoint to make medical treatment decisions on your behalf if you are unable to make those decisions yourself.

Appointing a trusted decision maker helps ensure your wishes are respected and provides guidance to medical professionals and family members during difficult circumstances.

A Testamentary Trust Will establishes a trust upon your death that can provide additional flexibility and protection for beneficiaries.

Depending on your circumstances, a Testamentary Trust may offer advantages such as asset protection, tax planning opportunities and greater control over how assets are managed for future generations.

We can discuss whether a Testamentary Trust Will may be appropriate for your circumstances during your appointment.

Yes. If your circumstances or wishes have changed, your existing Will can often be updated.

In some cases, a simple amendment may be appropriate. In other circumstances, preparing a new Will may be the better option.

We can review your existing documents and provide advice tailored to your situation.

Timeframes vary depending on the complexity of your circumstances.

For straightforward matters, documents can often be prepared promptly following your appointment.

If more complex estate planning advice is required, including Testamentary Trust arrangements, additional time may be needed to ensure the documents properly reflect your wishes.

Yes. We offer a range of fixed fee estate planning packages, including Wills, Powers of Attorney and combined estate planning packages.

Our fixed fee pricing provides clarity and certainty so you understand the cost of your estate planning from the outset.

Yes. We offer both in-person and online appointments, allowing clients throughout Victoria and Australia to access estate planning services conveniently and efficiently.