Family Law Amendment Regulations 2010 (No. 2) (Cth)

Family Law Amendment Regulations 2010 (No. 2)¹

Select Legislative Instrument 2010 No. 165

I, QUENTIN BRYCE, 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 29 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General

Name of Regulations

These Regulations are the Family Law Amendment Regulations 2010 (No. 2).

Commencement

These Regulations commence on 1 July 2010.

Amendment of Family Law Regulations 1984

Schedule 1 amends the Family Law Regulations 1984.

Schedule 1 Amendments

(regulation 3)

[1] Subregulations 11 (1), (1AA) and (1A)

substitute

(1)Subject to subregulation (7), Parts 1 and 2 of Schedule 1AA set out the fees payable in proceedings under the Act as follows:

(a)Part 1 — proceedings in the Family Court of Australia;

(b)Part 2 — proceedings other than proceedings in the Family Court of Australia or the Federal Magistrates Court.

Note The fees mentioned in Schedule 1AA are subject to increase under Part IIAA.

[2] Subregulation 11 (5)

substitute

(5)Subject to subregulation (7), a registrar must not accept an application for filing in the office of a court unless any filing fee for the application mentioned in Schedule 1AA has been paid.

[3] Subregulation 11 (6)

omit everything before paragraph (a), insert

(6)Subject to subregulation (7), if, in relation to a proceeding, a hearing fee mentioned in Schedule 1AA is unpaid:

[4] Subregulation 11 (7)

omit

referred to in subregulation (1), (1AA) or (1A)

insert

mentioned in Schedule 1AA, other than a fee mentioned in item 110 or 210,

[5] Paragraph 11 (8) (a)

omit

referred to in subregulation (1), (1AA) or (1A)

insert

mentioned in Schedule 1AA

[6] Subregulation 16 (1)

substitute

(1)Subject to subregulation (3), the fee mentioned in item 301 of Schedule 1AA is payable for an appeal under section 94 or 94AAA of the Act.

[7] Regulation 21AA

substitute

21AABiennial increases

(1)A fee mentioned in Schedule 1AA is increased, in accordance with this Part, on each biennial anniversary of 1 July 1996.

(2)Subregulation (1) applies to the items in Schedule 1AA as follows:

(a)items 110 and 210 — after 30 June 2012;

(b)the other items — after 30 June 2010.

[8] Subregulation 21AB (1), definition of fee

omit

prescribed by regulation 11 or 16

insert

mentioned in Schedule 1AA

[9] Before Schedule 1

insert

Schedule 1AA Fees

(regulations 11 and 16)

Part 1 Proceedings in the Family Court of Australia

Item	Document or action	Fee
101	Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 102 applies	$777
102	Filing an application in proceedings for a divorce order: (a) instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or (b) instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c)	$492
103	Hearing in proceedings, if defended, for a divorce order in relation to a marriage or a decree of nullity of marriage — for each hearing day, or part of a hearing day, including the first hearing day	$608
104	Filing an application in proceedings for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage	$777
105	Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage — for each hearing day, or part of a hearing day, including the first hearing day	$608
106	Filing an application for final orders in financial or Part VII proceedings	$243
107	Filing a response to an application for final orders in financial or Part VII proceedings	$176
108	Hearing of an application for final orders, that is defended, in financial or Part VII proceedings — for each hearing day, or part of a hearing day, including the first hearing day	$608
109	Hearing in an appeal under section 96 of the Act from a decree of a court of summary jurisdiction — for each hearing day, or part of a hearing day, including the first hearing day	$608
110	Filing an application for a consent order	$80

Part 2 Fees payable in proceedings other than proceedings in the Family Court of Australia or the Federal Magistrates Court

Item	Document or action	Fee
201	Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 202 applies	$777
202	Filing an application in proceedings for a divorce order: (a) instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or (b) instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c)	$492
203	Hearing in proceedings, if defended, for a divorce order in relation to a marriage or a decree of nullity of marriage — for each hearing day, or part of a hearing day, including the first hearing day	$466
204	Filing an application in proceedings for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage	$777
205	Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage — for each hearing day, or part of a hearing day, including the first hearing day	$466
206	Filing an application for final orders in financial or Part VII proceedings	$232
207	Filing a response to an application for final orders in financial or Part VII proceedings	$232
208	Hearing of an application for final orders, that is defended, in financial or Part VII proceedings — for each hearing day, or part of a hearing day, including the first hearing day	$466
209	Hearing in an appeal under section 96 of the Act from a decree of a court of summary jurisdiction — for each hearing day, or part of a hearing day, including the first hearing day	$466
210	Filing an application for a consent order	$80

Part 3 Other fees

Item	Document or action	Fee
301	Appeal under section 94 or 94AAA of the Act	$956

Note 1 The term financial or Part VII proceedings is defined in subsection 4 (1) of the Act.

Note 2 The fees mentioned in this Schedule are subject to increase under Part IIAA.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See