Family Law Amendment Regulations 2010 (No. 5) (Cth)

Family Law Amendment Regulations 2010 (No. 5)¹

Select Legislative Instrument 2010 No. 290

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 24 November 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

ROBERT McCLELLAND

Attorney-General

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Amendment of Family Law Regulations 1984               2

Schedule 1Amendments commencing on the day after registration 3

Schedule 2Amendment commencing on 1 December 2010 5

Name of Regulations

These Regulations are the Family Law Amendment Regulations 2010 (No. 5).

Commencement

These Regulations commence as follows:

(a)on the day after they are registered — regulations 1 to 3 and Schedule 1;

(b)on 1 December 2010 — Schedule 2.

Amendment of Family Law Regulations 1984

Schedules 1 and 2 amend the Family Law Regulations 1984.

Schedule 1 Amendments commencing on the day after registration

(regulation 3)

[1] Subregulation 3 (1), after definition of conference

insert

eligible financial or parenting proceedings means:

(a) financial or Part VII proceedings; or

(b) any of the proceedings mentioned in paragraphs (a) to (f) of the definition of de facto financial cause in subsection 4 (1) of the Act.

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

[2] Schedule 1AA, items 8, 9, 10 and 11

substitute

8	Filing an application for final orders in eligible financial or parenting proceedings	$243
9	Filing a response to an application for final orders in eligible financial or parenting proceedings	$243
10	Setting down for hearing of an application for final orders, that is defended, in eligible financial or parenting proceedings	(a) for hearing $608 before a judge (b) for hearing $444 before a magistrate
11	Hearing of an application for final orders, that is defended, in eligible financial or parenting proceedings — for each hearing day, or part of a hearing day, excluding the first hearing day	(a) for hearing $608 before a judge (b) for hearing $444 before a magistrate

[3] Schedule 1AA, Notes 1 and 2

substitute

Note The fees mentioned in this Schedule (other than the fee mentioned in item 15) are subject to increase under Part IIAA.

Schedule 2 Amendment commencing on 1 December 2010

(regulation 3)

[1] Schedule 1AA, item 2

omit

$492

insert

$550

Note

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