Family Court Amendment Regulations 2015 (WA)

30 June 2015 GOVERNMENT GAZETTE, WA 2337

JUSTICE

JU301*

Family Court Act 1997

Family Court Amendment Regulations 2015

Made by the deputy of the Governor in Executive Council.

1.             Citation

These regulations are the Family Court Amendment
Regulations 2015.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these

regulations are published in the Gazette;

(b) the rest of the regulations — on 1 July 2015.

3.             Regulations amended

These regulations amend the Family Court Regulations 1998.

4.             Regulation 9 amended

In regulation 9 delete “7” and insert:

8A

Note:  The heading to amended regulation 9 is to read:

Family Law Regulation 8A adopted (Act s. 65D)

5.             Regulation 18 amended

In regulation 18 in the definition of filing fee delete “9 or 12;”

and insert:

9, 12 or 13;

6.             Regulation 21I amended

In regulation 21I(2) delete “1 July 2014,” and insert:

1 July 2016,

2338 GOVERNMENT GAZETTE, WA 30 June 2015

7.             Regulation 22A inserted

At the beginning of Part 5 insert:

22A.	Terms used
A term has the same meaning in this Part as it has in regulation 18 unless the contrary intention appears.

8.             Regulation 24 inserted

At the end of Part 5 insert:

24.           Transitional provisions relating to the Family Court

Amendment Regulations 2015

These regulations, as in force immediately before
1 July 2015, continue to apply in relation to the liability

of a person to pay any of the following fees —

(a)	a filing fee for filing a document before 1 July 2015;
(b)	a setting down fee for a hearing if the hearing day is fixed before 1 July 2015;
(c)

a hearing fee for a day, or a part of a day, if the 1 July 2015;

(d)

a conciliation conference fee for a conciliation 1 July 2015;

(e) any other fee under these regulations for a service that is provided in relation to a proceeding before 1 July 2015.

9.             Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 — Fees

[Part 3]

Item Document or action Fee

1.             Filing an application for final orders in eligible financial

or parenting proceedings $350

2.             Setting-down for hearing in eligible financial or parenting

proceedings, if defended, for final orders —

(a)	for a hearing before a judge	$885
(b)	for a hearing before a magistrate	$650

30 June 2015 GOVERNMENT GAZETTE, WA 2339

Item Document or action Fee

3.             Hearing in eligible financial or parenting proceedings, if

defended, for final orders — for each hearing day, or part

of a hearing day, excluding the first hearing day —

(a)	for a hearing before a judge	$885
(b)	for a hearing before a magistrate	$650

4.             Filing a response to an application for final orders in

eligible financial or parenting proceedings $350

5.             Setting-down for hearing in an appeal under section 211

from a decree of a Magistrates Court, unless the fee

mentioned in item 12 has been paid $885

6.             Hearing in an appeal under section 211 from a decree of a

Magistrates Court — for each hearing day, or part of a

hearing day, excluding the first hearing day $885
7.	Filing an application for a consent order $235
8.	Filing an interim order application $120

9.             Filing an application for both a final order under Part 5

and a final order under Part 5A Division 2 or Division 3

of the Act (other than for an order for the maintenance of

a party to a de facto relationship) $585
10.	For issuing a subpoena $120
11.	For listing a conciliation conference $410

12.           Filing an application for leave to appeal under section 211

from an interlocutory order of a Magistrates Court $885

13.           Filing an amendment of —

(a)	an application mentioned in item 1, 7, 8, 9 or 12	$120
(b)	a response mentioned in item 4	$120
(c)	a subpoena	$120

N. HAGLEY, Clerk of the Executive Council.

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