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Family Law Amendment Regulations 2010 (No. 2)

Authoritative Version
  • - F2010L01845
  • No longer in force
SLI 2010 No. 165 Regulations as made
These Regulations amend the Family Law Regulations 1984 to increase the fees for family law matters in courts exercising family law jurisdiction.
Administered by: Attorney-General's
Registered 29 Jun 2010
Tabling HistoryDate
Tabled HR28-Sep-2010
Tabled Senate28-Sep-2010
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

Family Law Amendment Regulations 2010 (No. 2)1

Select Legislative Instrument 2010 No. 165

I, QUENTIN BRYCE, 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 29 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND


1              Name of Regulations

                These Regulations are the Family Law Amendment Regulations 2010 (No. 2).

2              Commencement

                These Regulations commence on 1 July 2010.

3              Amendment of Family Law Regulations 1984

                Schedule 1 amends the Family Law Regulations 1984.


Schedule 1        Amendments

(regulation 3)

 

[1]           Subregulations 11 (1), (1AA) and (1A)

substitute

         (1)   Subject to subregulation (7), Parts 1 and 2 of Schedule 1AA set out the fees payable in proceedings under the Act as follows:

                (a)    Part 1 — proceedings in the Family Court of Australia;

               (b)    Part 2 — proceedings other than proceedings in the Family Court of Australia or the Federal Magistrates Court.

Note   The fees mentioned in Schedule 1AA are subject to increase under Part IIAA.

[2]           Subregulation 11 (5)

substitute

         (5)   Subject to subregulation (7), a registrar must not accept an application for filing in the office of a court unless any filing fee for the application mentioned in Schedule 1AA has been paid.

[3]           Subregulation 11 (6)

omit everything before paragraph (a), insert

         (6)   Subject to subregulation (7), if, in relation to a proceeding, a hearing fee mentioned in Schedule 1AA is unpaid:

[4]           Subregulation 11 (7)

omit

referred to in subregulation (1), (1AA) or (1A)

insert

mentioned in Schedule 1AA, other than a fee mentioned in item 110 or 210,

[5]           Paragraph 11 (8) (a)

omit

referred to in subregulation (1), (1AA) or (1A)

insert

mentioned in Schedule 1AA

[6]           Subregulation 16 (1)

substitute

         (1)   Subject to subregulation (3), the fee mentioned in item 301 of Schedule 1AA is payable for an appeal under section 94 or 94AAA of the Act.

[7]           Regulation 21AA

substitute

21AA      Biennial increases

         (1)   A fee mentioned in Schedule 1AA is increased, in accordance with this Part, on each biennial anniversary of 1 July 1996.

         (2)   Subregulation (1) applies to the items in Schedule 1AA as follows:

                (a)    items 110 and 210 — after 30 June 2012;

               (b)    the other items — after 30 June 2010.

[8]           Subregulation 21AB (1), definition of fee

omit

prescribed by regulation 11 or 16

insert

mentioned in Schedule 1AA

[9]           Before Schedule 1

insert

Schedule 1AA   Fees

(regulations 11 and 16)

Part 1          Proceedings in the Family Court of Australia

Item

Document or action

Fee

101

Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 102 applies

$777

102

Filing an application in proceedings for a divorce order:

(a)  instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or

(b)  instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c)

$492

103

Hearing in proceedings, if defended, for a divorce order in relation to a marriage or a decree of nullity of marriage — for each hearing day, or part of a hearing day, including the first hearing day

$608

104

Filing an application in proceedings for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage

$777

105

Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage — for each hearing day, or part of a hearing day, including the first hearing day

$608

106

Filing an application for final orders in financial or Part VII proceedings

$243

107

Filing a response to an application for final orders in financial or Part VII proceedings

$176

108

Hearing of an application for final orders, that is defended, in financial or Part VII proceedings — for each hearing day, or part of a hearing day, including the first hearing day

$608

109

Hearing in an appeal under section 96 of the Act from a decree of a court of summary jurisdiction — for each hearing day, or part of a hearing day, including the first hearing day

$608

110

Filing an application for a consent order

$80

Part 2          Fees payable in proceedings other than proceedings in the Family Court of Australia or the Federal Magistrates Court

Item

Document or action

Fee

201

Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 202 applies

$777

202

Filing an application in proceedings for a divorce order:

(a)  instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or

(b)  instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c)

$492

203

Hearing in proceedings, if defended, for a divorce order in relation to a marriage or a decree of nullity of marriage — for each hearing day, or part of a hearing day, including the first hearing day

$466

204

Filing an application in proceedings for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage

$777

205

Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage — for each hearing day, or part of a hearing day, including the first hearing day

$466

206

Filing an application for final orders in financial or Part VII proceedings

$232

207

Filing a response to an application for final orders in financial or Part VII proceedings

$232

208

Hearing of an application for final orders, that is defended, in financial or Part VII proceedings — for each hearing day, or part of a hearing day, including the first hearing day

$466

209

Hearing in an appeal under section 96 of the Act from a decree of a court of summary jurisdiction — for each hearing day, or part of a hearing day, including the first hearing day

$466

210

Filing an application for a consent order

$80

Part 3          Other fees

Item

Document or action

Fee

301

Appeal under section 94 or 94AAA of the Act

$956

Note 1   The term financial or Part VII proceedings is defined in subsection 4 (1) of the Act.

Note 2   The fees mentioned in this Schedule are subject to increase under Part IIAA.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.