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Family Law Amendment (Costs) Rules 2018

Authoritative Version
  • - F2018L01660
  • No longer in force
Rules/Court & Tribunal Rules as made
These Rules amend the Family Law Rules 2004 to increase by 2.1% the costs allowable for work done and services rendered by lawyers and itemised in the scale of costs in Schedule 3.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation Act 2003 s 8(8)(d)
Registered 04 Dec 2018
Tabling HistoryDate
Tabled HR05-Dec-2018
Tabled Senate06-Dec-2018
Date of repeal 01 Aug 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Family Law Amendment (Costs) Rules 2018

We, Judges of the Family Court of Australia, make the following Rules of Court under the Family Law Act 1975 and recommend that the Chief Justice authorise on behalf of the Judges of the Court the proposed Explanatory Statement in relation to that instrument prepared as required under section 15J of the Legislation Act 2003.

 

Dated   30 November 2018

 

S Strickland J

A Ainslie-Wallace J

J Ryan J

P Murphy J

M Aldridge J

M Kent J

G Watts J

S Austin J

J Stevenson J

R Benjamin J

V Bennett J

P Cronin J

M Cleary J

W Johnston J

I Loughnan J

C Forrest J

K Macmillan J

J Rees J

S Duncanson J

P Tree J

J Hogan J

D Berman J

S Johns J

G Foster J

H Hannam J

R McClelland J

C Carew J

R O’Brien J

S Gill J

M Baumann J

G Sutherland J

 

 

Judges of the Family Court
of Australia

  

  


Contents

1............ Name............................................................................................................................. 1

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

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

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Part 1—Main amendments                                                                                                                   2

Family Law Rules 2004                                                                                                                        2

Part 2—Transitional provisions                                                                                                           5

Family Law Rules 2004                                                                                                                        5

 


1  Name

                   These Rules are the Family Law Amendment (Costs) Rules 2018.

2  Commencement

             (1)  Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of these Rules

1 January 2019.

1 January 2019

Note:          This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

             (2)  Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

                   These Rules are made under the Family Law Act 1975.

4  Schedules

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

Schedule 1Amendments

Part 1Main amendments

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 2019 (see rule 27.01). Different amounts, set out in superseded versions of this Schedule, may continue to apply to work done before that date.

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

  

 

Costs—lawyer’s work

Item

Matter for which charge may be made

Amount (including GST)

101

Drafting a document (other than a letter)

$21.43 per 100 words

102

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

$7.31 per 100 words

103

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

$24.60 per 100 words

104

Reading a document

$10.02 per 100 words

105

Scanning a document (where reading is not necessary)

$3.93 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

83 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)

$251.50 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)

$163.04 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 may be made

Amount (including GST)—senior counsel

Amount (including GST)—junior counsel

201

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

$483.69–$829.21
per hour

$288.76–$411.85
per hour

202

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

$483.69–$829.21
per hour

$288.76–$411.85
per hour

203

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

$483.69–$3,454.91

$258.34–$1,210.58

204

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

$898.27–$6,910.49

$856.50–$1,979.86

205

Other hearings or trials

$2,280.34–$6,910.49
per day

$2,041.23–$3,000.33
per day

206

Reserved judgment

$483.69–$829.21
per hour

$288.76–$411.85
per hour

Part 3Basic composite amount for undefended divorce

  

 

Costs—undefended divorce

Item

Matter for which charge may be made

Amount (including GST)

301

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

$1,062.27

302

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

$790.33

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

$997.30

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

$746.25

305

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

$642.08

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 may be made

Amount (including GST)

401

An Enforcement Warrant under rule 20.16

$642.08

402

A Third Party Debt Notice under rule 20.32

$642.08

 

Part 2Transitional provisions

Family Law Rules 2004

2  Part 27.1

Repeal the Part, substitute:

Part 27.1Transitional provisions relating to the Family Law Amendment (Costs) Rules 2018

  

27.01  Application of Schedule 3 (itemised scale of costs)

                   Schedule 3, as substituted by the Family Law Amendment (Costs) Rules 2018, applies to work done on or after 1 January 2019.