Statutory Rules 1991 No.447¹

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Family Law Regulations² (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 12 December 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

MICHAEL DUFFY

Attorney-General

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1. Commencement

1.1 These Regulations commence on 1 April 1992.

2. Amendment

2.1 The Family Law Regulations are amended as set out in these Regulations.

3. Regulation 11 (Fee in respect of proceedings for divorce or nullity)

3.1 Omit the regulation.

4. Regulation 16 (Fees in respect of appeals)

4.1 Omit the regulation, substitute:

Fees on filing certain applications and appeals

“16. (1) Subject to this regulation, the fee payable for filing an application or appeal in the Family Court, of a kind set out in an item in column 2 of Schedule 8, is the fee set out in column 3 of that item.

“(2) A fee is not payable:

(a) in the case of an application for principal relief—if the marriage to which the proceedings relate has been dissolved or annulled under the Act or the repealed Act; or

(b) if the person liable to pay the fee is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the matter to which the proceeding relates; or

(c) if the person liable to pay the fee is:

(i) the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or

(ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or

(iii) a child under the age of 18 years; or

(iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or

(d) if a registrar, having regard to the income, assets and liabilities of the person liable to pay the fee, waives the fee on the ground that payment of the fee would impose financial hardship on the person.

“(3) A registrar may allow an application or appeal for which a fee is payable to be filed without payment of the fee if, in the registrar’s opinion, filing the application or appeal is attended by urgency that overrides the requirement of payment of the fee.

“(4) A fee mentioned in subregulation (3):

(a) must be paid within 30 days of filing; and

(b) if not paid within that period, is a debt due to the Commonwealth that may be recovered in a court of competent jurisdiction.

“(5) A person is entitled to a refund of the fee if the fee was not payable.

Hearing fees

“16a. (1) When the Court, a Judge or a registrar fixes a date for the hearing in the Family Court of :

(a) an application, or an issue or question in an application; or

(b) an appeal to the Full Court (whether from a decision of die Family Court or from a decision of another court);

a fee of $500 (in this regulation called a ‘hearing fee’) is, subject to this regulation, payable for the hearing of the matter.

“(2) A hearing fee is not payable if:

(a) the hearing is of an interlocutory nature only; or

(b) a hearing fee has been paid under these Regulations or another law of the Commonwealth for the application or appeal, and has not been refunded; or

(c) the proceeding is one to which subregulation 16 (2) applies.

“(3) The person liable to pay a hearing fee is the applicant or the appellant or, if the Court, a Judge or a registrar so orders:

(a) another party to the application or appeal; or

(b) 2 or more of the parties to the application or appeal, including the applicant or appellant, in the proportions ordered by the Court, a Judge or a registrar.

“(4) If a hearing fee that is payable is unpaid:

(a) the Court, a Judge or a registrar may order that no proceedings, or no proceedings other than specified proceedings, are to take place, except by leave, in the matter to which the hearing fee relates; and

(b) a person other than the person liable to pay the fee may pay the fee without affecting any power of the Court, a Judge or a registrar to make an order for costs for the fee.

“(5) A person who has paid a hearing fee is entitled to a refund of the fee if:

(a) a registrar is notified, not less than 10 working days before the date fixed for hearing, that the hearing will not proceed, and the hearing does not proceed; or

(b) the fee was not payable.

Review by the Administrative Appeals Tribunal

“16b. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision by a registrar under paragraph 16 (2) (d) or subregulation 16 (3).

“(2) If a registrar makes a decision under paragraph 16 (2) (d) or subregulation 16 (3), a notice must be given to the person liable to pay the fee:

(a) containing the terms of the decision; and

(b) giving written reasons for the decision; and

(c) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision.

“(3) A notice under subregulation (2) must be given within 28 days of the date of the decision.

“(4) Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2) (c) does not affect the validity of the decision.”.

5. New Schedule 8

5.1 Add at the end:

SCHEDULE 8      Subregulations 16 (1) and (2)

FEES ON FILING CERTAIN APPLICATIONS AND APPEALS IN THE FAMILY COURT

6. Application

6.1 The amendments made by these Regulations apply to applications and appeals filed on or after the date of commencement of these Regulations.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1991.

2. Statutory Rules 1984 No. 425 as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1991 No. 401.