Family Law Amendment Regulations 2004 (No. 1) (Cth)

Family Law Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 3192

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.

Dated 18 November 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

Attorney-General

1Name of Regulations

These Regulations are the Family Law Amendment Regulations 2004 (No. 1).

2Commencement

These Regulations commence on the commencement of Schedule 6 to the Family Law Amendment Act 2003.

3Amendment of Family Law Regulations 1984

Schedule 1 amends the Family Law Regulations 1984.

Schedule 1Amendment

(regulation 3)

[1]After regulation 15

insert

15AAThird party expenses (Act s 90AJ)

1. (1)

   For subsection 90AJ (4) of the Act, this regulation provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ (2) in relation to those expenses.

2. (2)

   A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.

3. (3)

   Without limiting subregulation (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.

Examples

Expenses incurred for any of the following matters could be covered in the fees charged by the third party:

· legal and registration fees

· valuation fees

· government charges and duties

· searching, obtaining and producing documents

· postage, delivery, transport or other transmission of documents

· communications with the parties to the marriage or another person.

1. (4)

   Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.

2. (5)

   Jurisdiction is conferred on a court having jurisdiction under the Act:

   1. (a)

      to decide whether fees charged by a third party under subregulation (2) are reasonable; and

   2. (b)

      to make an order in relation to the collection or recovery of such reasonable fees.

Notes

1. These Regulations amend Statutory Rules 1984 No. 426, as amended by 1985 No. 183; 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447 (disallowed by the Senate on 3 March 1992); 1992 Nos. 33, 160, 287, 376 and 404; 1994 Nos. 86 and 343; 1995 Nos. 297, 400 and 419; 1996 Nos. 71, 188 (as amended by 1996 No. 201), 253 and 265; 1997 Nos. 157 (disallowed by the Senate on 24 November 1997), 232, 251 and 376; 1998 Nos. 39, 121, 222, 270 and 329; 1999 Nos. 39 and 173; 2000 Nos. 16, 81, 207 and 254; 2001 Nos. 31, 117 and 264; 2003 No. 339.

2. Notified in the Commonwealth of Australia Gazette