If mediation didn’t lead to an agreement, you’ll need a Section 60I Certificate from an accredited Family Dispute Resolution (FDR) practitioner. This certificate proves you attempted mediation and is usually required before filing parenting applications in court. There are multiple types of certificates that you can receive that are specific for why your mediation failed. Please understand that exceptions apply in cases involving urgency, family violence or abuse. Once you have obtained the certificate, you will have 12 months to file for court. It is important to understand that you do not need to go to court straight away if your mediation fails. You can attend another mediation with a different mediator who may have different skills and experiences.

Once you have the Section 60I Certificate (for parenting matters) or have decided to proceed (for property matters), your lawyer can help you file an Initiating Application in the Federal Circuit and Family Court of Australia.

You’ll need to submit:

• A detailed affidavit (your written evidence)
• A parenting or property proposal
• Financial statements (for property matters)

This is usually held within a few weeks of filing. It’s often a short hearing where:

• The judge may make interim orders (temporary arrangements)
• Parties may be referred to further dispute resolution
• Procedural directions are given to manage the next steps

This stage involves preparing evidence and gathering relevant documents.

You might be asked to:

• Exchange affidavits and expert reports
• Attend compliance checks or case management hearings
• Complete family reports (in parenting matters) or valuations (in property matters)

The court wants both parties to stay on track, avoid unnecessary delays, and potentially still resolve the matter before trial.

If no agreement is reached, the case proceeds to a final hearing (trial). Here:

• Both parties give evidence and may be cross-examined
• A judge reviews all evidence, submissions, and reports
• The court makes binding final orders

This process can take several months to more than a year, depending on complexity and court availability.

Going to court after mediation can feel overwhelming, but understanding each step makes the process more manageable. With legal guidance, you can prepare effectively, know what to expect, and work toward the best possible outcome, whether you're resolving parenting issues, dividing assets, or both. If you're unsure about your next step, speaking with a family lawyer can give you clarity and peace of mind.