Federal Register of Legislation - Australian Government

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Family Law Amendment (Scale of Costs) Rules 2013

Authoritative Version
  • - F2013L02132
  • No longer in force
SLI 2013 No. 282 Rules/Court & Tribunal Rules as made
These rules amend the Family Law Rules 2004.
Administered by: Attorney-General's
Registered 17 Dec 2013
Tabling HistoryDate
Tabled HR11-Feb-2014
Tabled Senate11-Feb-2014
Date of repeal 02 Jan 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Family Law Amendment (Scale of Costs) Rules 2013

 

Select Legislative Instrument No. 282, 2013

We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.

Dated 16 December 2013

 

D Bryant CJ

J Faulks DCJ

M May J

S Strickland J

A Ainslie-Wallace J

Ryan J

P Murphy J

G Bell J

J Stevenson J

G Watts J

R Benjamin J

V Bennett J

S Austin J

M Cleary J

W Johnston J

I Loughnan J

C Forrest J

M Kent J

K Macmillan J

A Rees J

M Aldridge J

J Hogan J

D Berman J

G Foster J

C Thornton J

H Hannam J

 

 

Judges of the Family Court
of Australia

J Crisford J

S Moncrieff J

J Walters J

S Duncanson J

 

 

Judges of the Family Court
of Western Australia

PR Angela Filippello

Principal Registrar

Family Court of Australia

PR David Monaghan

Principal Registrar

Family Court of Western Australia

  

  


Contents

1............ Name of Rules.................................................................................... 1

2............ Commencement................................................................................... 1

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                2

Family Law Rules 2004                                                                                              2

 


1  Name of Rules

                   These Rules are the Family Law Amendment (Scale of Costs) Rules 2013.

2  Commencement

                   These Rules commence on 1 January 2014.

3  Authority

                   These Rules are made under the Family Law Act 1975.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Family Law Rules 2004

1  Schedule 3

Repeal the Schedule, substitute:

Schedule 3Itemised scale of costs

Note 1:    See rule 19.18 and clause 6.19 of Schedule 6.

Note 2:    This Schedule applies generally to work done on or after 1 January 2014. Different amounts, set out in superseded versions of this Schedule, may continue to apply to work done before that date.

Note 3:    The amounts in this Schedule include GST.

Part 1Costs allowable for lawyer’s work done and services performed

 

Costs—lawyer’s work

Item

Matter for which charge is made

Cost

101

Drafting a document (other than a letter)

$19.14 per 100 words

102

Producing a document (other than a letter) in printed form

$6.54 per 100 words

103

Drafting and producing a letter (including a fax or an email)

$21.99 per 100 words

104

Reading a document

$8.96 per 100 words

105

Scanning a document (where reading is not necessary)

$3.53 per 100 words

106

For a document or letter mentioned in item 101, 102, 103, 104 or 105 containing more than 3 000 words

The amount allowed by the Registrar

107

Photocopy or other reproduction of a document

76 cents per page

108

Time reasonably spent by a lawyer on work requiring the skill of a lawyer (except work to which any other item in this Part applies)

$224.50 per hour

109

Time reasonably spent by a lawyer, or by a clerk of a lawyer, on work (except work to which any other item in this Part applies)

$145.56 per hour

Note:       See rule 19.43 in relation to item 104.

Part 2Costs allowable for counsel’s work done and services performed

 

Costs—counsel’s work

Item

Matter for which charge is made

Cost—senior counsel

Cost—junior counsel

201

Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))

$431.75–$740.16 per hour

$257.78–$367.63 per hour

202

Attendance at a conference (including a court‑appointed conference), if necessary

$431.75–$740.16 per hour

$257.78–$367.63 per hour

203

Attendance of less than 3 hours (for example, a procedural hearing or a summary hearing)

$431.75–$3 083.81

$230.61–$1 080.57

204

A hearing or trial taking at least 3 hours but not more than 1 day

$801.80–$6 168.21

$764.52–$1 767.20

205

Other hearings or trials

$2 035.41–$6 168.21 per day

$1 821.99–$2 678.06 per day

206

Reserved judgment

$431.75–$740.16 per hour

$257.78–$367.63 per hour

 

Part 3Basic composite amount for undefended divorce

 

Costs—undefended divorce

Item

Matter for which charge is made

Cost

301

If the lawyer employed another lawyer to attend at court for the applicant and there is a child of the marriage under 18

$948.20

302

If the lawyer employed another lawyer to attend at court for the applicant and there is no child of the marriage under 18

$705.46

303

If the lawyer did not employ another lawyer to attend at court for the applicant and there is a child of the marriage under 18

$890.19

304

If the lawyer did not employ another lawyer to attend at court for the applicant and there is no child of the marriage under 18

$666.11

305

If the lawyer did not attend at court for the hearing under section 98A of the Act

$573.14

 

Part 4Basic composite amount for request for Enforcement Warrant or Third Party Debt Notice

 

Costs—Enforcement Warrant or Third Party Debt Notice

Item

Matter for which charge is made

Cost

401

An Enforcement Warrant under rule 20.16

$573.14

402

A Third Party Debt Notice under rule 20.32

$573.14