Family Court Amendment Regulations (No. 2) 2015 (WA)
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WESTERN 2779 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 10 JULY 2015 No. 104 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
Family Court Act 1997
Family Court Amendment Regulations
(No. 2) 2015
Made by the Governor in Executive Council.
1. Citation
These regulations are the Family Court Amendment Regulations
(No. 2) 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 (gazettal day);
(b) the rest of the regulations —
(i) Family Law (Fees) Amendment if the (Commonwealth) comes into operation on or before gazettal day — on gazettal day; or
(ii) Family Law (Fees)
Amendment (2015 Measures No. 1)otherwise — on the day the operation.
3. Regulations amended
These regulations amend the Family Court Regulations 1998.
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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,
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.
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8. Regulation 22 amended
In regulation 22(1) delete “these regulations —” and insert:
this regulation —
9. Regulation 24 inserted
At the end of Part 5 insert:
24. Transitional provisions relating to the Family Court Amendment Regulations (No. 2) 2015
(1) In this regulation — commencement day means the day on which the
Family Court Amendment Regulations (No 2) 2015
regulation 10 comes into operation.(2) These regulations, as in force immediately before
commencement day, 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 commencement day;
(b)
a setting down fee for a hearing if the hearing day is fixed before commencement day;
(c)
a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed before commencement day;
(d)
a conciliation conference fee for a conciliation conference the date for which is fixed before commencement day;
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(e) any other fee under these regulations for a service that is provided in relation to a proceeding before commencement day.
10. 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 $355 2. Setting-down for hearing in eligible financial or parenting proceedings, if defended, for final orders —
(a) for a hearing before a judge $890 (b) for a hearing before a magistrate $655 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 $890 (b) for a hearing before a magistrate $655 4. Filing a response to an application for final orders in
eligible financial or parenting proceedings $355 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 $890
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Item Document or action Fee 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 $890 7.
Filing an application for a consent order $240 8.
Filing an interim order application $125 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) $590 10.
For issuing a subpoena $125 11.
For listing a conciliation conference $415 12. Filing an application for leave to appeal under section 211
from an interlocutory order of a Magistrates Court $890 13. Filing an amendment of —
(a) an application mentioned in item 1, 7, 8, 9 or 12 $125 (b) a response mentioned in item 4 $125 (c) a subpoena $125 N. HAGLEY, Clerk of the Executive Council.
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