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Rules/Court & Tribunal Rules as made
These rules amend the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 in relation to transfers and the costs schedule.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation Act 2003 s 8(8)(d)
Registered 03 Jan 2023
Table of contents.

Commonwealth Coat of Arms of Australia

 

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022

I, The Honourable William Alstergren, Chief Judge of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.

Dated   23 December 2022

The Honourable William Alstergren

Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)

  

  


Contents

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

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

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

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

Schedule 1—Amendments                                                                                                                          2

Part 1—Transfer of proceedings                                                                                                        2

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021   2

Part 2—Costs                                                                                                                                               3

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021   3

 


1  Name

                   These Rules are the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022.

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.  Rules 1 to 4 and anything in these Rules not elsewhere covered by this table

The day after these Rules are registered.

4 January 2023

2.  Schedule 1, Part 1

The day after these Rules are registered.

4 January 2023

3.  Schedule 1, Part 2

1 January 2023.

1 January 2023

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 Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.

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 1Transfer of proceedings

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

1  Subrules 8.02(1), (2) and (3)

Repeal the subrules, substitute:

             (1)  Unless the Court otherwise orders, an application under paragraph 153(2)(a) of the Act to transfer a proceeding from the Court to the Federal Court must:

                     (a)  be made on or before the first court date for the proceeding; and

                     (b)  be included in an application or a response in accordance with the approved form; and

                     (c)  be supported by an affidavit.

Note:          Subsection 153(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Court and is not a family law or child support proceeding to the Federal Court. Subsection 153(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.

2  At the end of rule 8.02

Add:

             (5)  Before the Court makes an order under subsection 153(1) of the Act transferring a proceeding from the Court to the Federal Court:

                     (a)  the Court must consult the Chief Judge of the Court in relation to the proposed transfer; and

                     (b)  the Chief Judge of the Court must consult the Chief Justice of the Federal Court, or a delegate of the Chief Justice of the Federal Court, in relation to the proposed transfer.

             (6)  A failure to comply with this rule in relation to a proposed transfer of a proceeding under subsection 153(1) of the Act does not affect the validity of an order made under that subsection transferring the proceeding.

Part 2Costs

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

3  Schedule 2

Repeal the Schedule, substitute:

Schedule 2Costs

Note:       See rules 22.09, 22.15 and 29.13.

Part 1AApplication of this Schedule

  

1  Application of this Schedule

                   This Schedule, as substituted by the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022, applies to work done or services performed on or after 1 January 2023.

Part 1General federal law proceedings other than migration proceedings

  

 

Costs for general federal law proceedings other than migration proceedings

Item

Description

Amount (including GST)

1

Initiating or opposing an application up to the completion of the first court date

Both:

(a) $3,354.70; and

(b) the daily hearing fee mentioned in item 9 that applies to the hearing

2

Initiating or opposing an application which includes interim orders (other than procedural orders) up to the completion of the first court date

Both:

(a) $4,197.91; and

(b) the daily hearing fee mentioned in item 9 that applies to the hearing

3

Interim or summary hearing—as a discrete event

Note:       This stage applies to an interim application or a summary proceeding of a type not otherwise addressed in this fee structure. It does not include the item 1 or 2 component.

Both:

(a) $2,093.62; and

(b) the daily hearing fee mentioned in item 9 that applies to the hearing

4

Dispute resolution litigation intervention

$3,517.80

5

Preparation for final hearing—one day matter

$7,543.02

6

Preparation for final hearing—2 day matter

$11,335.84

7

Preparation for final hearing—each additional hearing day after the second hearing day

$2,384.64

8

Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders

Both:

(a) $342.19; and

(b) the daily hearing fee mentioned in item 9 that applies to the hearing

9

Daily hearing fee

(a) for a short mention—$342.19; or

(b) for a half day hearing—$1,255.75; or

(c) for a full day hearing—$2,512.56

10

Advocacy loading

50% of the daily hearing fee mentioned in item 9 that applies to the hearing

11

Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred

The amount of the fees and payments

12

Disbursements—photocopying for each page

$0.86

13

Agents’ fees and travelling costs

Note:       For 2 or more hours travel.

$706.76

Part 2Migration proceedings

Division 1Migration proceedings that have concluded

 

Costs for migration proceedings that have concluded

Item

Description

Amount (including GST)

1

A proceeding concluded at or before the first court date for the proceeding

$1,675.75

2

A proceeding concluded:

(a) after the first court date for the proceeding; and

(b) at or before an interlocutory hearing

$4,189.38

3

A proceeding concluded at a final hearing

$8,371.30

Division 2Migration proceedings that have been discontinued

 

Costs for migration proceedings that have been discontinued

Item

Description

Amount (including GST)

1

A proceeding in which the notice of discontinuance is filed and served at least 14 days before the first court date for the proceeding

$833.61

2

A proceeding in which the notice of discontinuance is filed and served:

(a) less than 14 days before the first court date for the proceeding; and

(b) at least 15 days before an interlocutory hearing

$2,089.36

3

A proceeding in which the notice of discontinuance is filed and served:

(a) less than 15 days before an interlocutory hearing; and

(b) at least 15 days before the final hearing

$4,189.38

4

Any other case

$5,859.80