Family Court Amendment Regulations (No. 3) 2015 (WA)
!2015128GG!
WESTERN 3299 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, TUESDAY, 18 AUGUST 2015 No. 128 SPECIAL PERTH, TUESDAY, 18 AUGUST 2015 No. 128
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. 3) 2015
Made by the Governor in Executive Council.
1. Citation
These regulations are the Family Court Amendment Regulations
(No. 3) 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 the day after that day.
3. Regulations amended
These regulations amend the Family Court Regulations 1998.
4. Regulation 18 amended
In regulation 18 in the definition of filing fee delete “9, 12
or 13;” and insert:9 or 12;
3300 GOVERNMENT GAZETTE, WA 18 August 2015 5. Regulation 24 replaced
Delete regulation 24 and insert:
24. Transitional provisions relating to the Family Court
Amendment Regulations (No. 3) 2015
(1) In this regulation —
commencement day means the day on which the
Family Court Amendment Regulations (No. 3) 2015
regulation 6 comes into operation;
current fees means the fees payable under these
regulations on commencement day;
refund period means the period —
(a) beginning at the time when the Family Law (Fees) Amendment (2015 Measures No. 1)
Regulation 2015 (Commonwealth) was
disallowed by the Commonwealth Senate; and(b) ending immediately before commencement
day.
(2) A person who paid a fee under these regulations during
the refund period is entitled to a refund.(3) The amount to be refunded is the difference between —
(a) the amount paid by the person; and (b)
the amount that the person would have been required to pay had the current fees been the fees payable during the refund period.
(4) The liability of a person to pay a fee that arose during
the refund period is to be taken to be the same as it
would have been had the current fees been the fees
payable when the liability arose.(5) This regulation applies despite the amendments
effected by the Family Court Amendment Regulations
(No. 2) 2015.
6. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[Pt. 3]
Item Document or action Fee 1. Filing an application for final orders in eligible financial
or parenting proceedings $320
18 August 2015 GOVERNMENT GAZETTE, WA 3301
Item Document or action Fee 2. Setting-down for hearing in eligible financial or parenting
proceedings, if defended, for final orders —
(a) for a hearing before a judge $805 (b) for a hearing before a magistrate $590 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 $805 (b) for a hearing before a magistrate $590 4. Filing a response to an application for final orders in
eligible financial or parenting proceedings $320 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 $805 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 $805 7.
Filing an application for a consent order $155 8.
Filing an interim order application $110 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) $530 10.
For issuing a subpoena $55 11.
For listing a conciliation conference $370 12. Filing an application for leave to appeal under section 211
from an interlocutory order of a Magistrates Court $805 N. HAGLEY, Clerk of the Executive Council.
———————————
0
0
0