Family Law Amendment Rules 2001 (No. 2) (Cth)

Family Law Amendment Rules 2001 (No. 2)1

Statutory Rules 2001 No. 192

We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.

Dated 9 February 2001

ALASTAIR NICHOLSON C.J.

T.E. LINDENMAYER

N.J. BUCKLEY

ALWYNNE ROWLANDS

ADRIAN SMITHERS

JAMES BARRY

J. WILCZEK

G.R. MULLANE

N. MUSHIN

M.A. HANNON

B.J. WARNICK

RICHARD CHISHOLM

SALLY BROWN

B. JORDAN

S.R. O’RYAN

SUSAN MORGAN

MICHELLE MAY

JOHN STEELE

LLOYD WADDY

P. ROSE

R. FLOHM

D.J. COLLIER

J.M. BOLAND

A.R. MONTIETH

Judges of the Family Court

of Australia

A.M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

N. TOLCON

C.E. MARTIN

J.G. BARLOW

J. PENNY

Judges of the Family Court

of Western Australia

S.E. THACKRAY

Principal Registrar

Family Court of Western Australia

1Name of Rules

 These Rules are the Family Law Amendment Rules 2001 (No. 2).

2Commencement

 These Rules commence on 12 February 2001.

3Amendment of Family Law Rules 1984

Schedule 1 amends the Family Law Rules 1984.

Schedule 1Amendments

  

(rule 3)

[1]Order 1, rule 4, after definition of birth certificate

insert

case conference means a conference held in accordance with Order 9, Division 1A.

[2]Order 2, paragraph 2 (5) (a)

omit

7, 7A, 7B,

[3]Order 2, paragraph 7 (1) (c)

omit

legal representative’s

insert

lawyer’s

[4]Order 7, subrule 6 (2)

omit each occurrence of

decree

insert

marriage certificate or decree

[5]Order 7, after subrule 8 (2)

insert

• (3)

  If a response opposing the application has been filed:

  • (a)

    the hearing must proceed in open court unless the court otherwise directs; and

  • (b)

    the person who files the response must appear in person or by representation by a lawyer.

[6]Order 7, rule 14

substitute

14Hearing in absence of parties

 If, in a proceeding for dissolution of marriage:

• (a)

  a joint application has been made in accordance with Part B of Form 4; or

• (b)

  both:

  • (i)

    at the date of the hearing there are no children of the marriage, within the meaning given in subsection 55A (3) of the Act, under the age of 18; and

  • (ii)

    the respondent has been served with a request in accordance with Part B of Form 4 not less than 28 days before the date of hearing;

unless a response opposing the application is filed, the court or a Registrar may determine the proceeding even if neither the parties to the proceeding nor their lawyers are present.

Note   An application for dissolution of marriage (whether by one party or jointly) may not be determined if there are any children of the marriage who are under 18 and the court is not satisfied that proper arrangements in all the circumstances have been made for the care, welfare and development of the children: see subsection 98A (2A) of the Act.

[7]Order 7, subrule 15 (2)

after

subrule (1)

insert

or a response opposing the application has been filed

[8]Order 8, rule 3, heading

substitute

3Form of application — Form 3 or 8

[9]Order 8, subrule 3 (1)

omit

3 or 7.

insert

3.

[10]Order 8, subrule 3 (5)

after

in an application

insert

seeking final orders

[11]Order 8, after subrule 3 (5)

insert

• (6)

  An application for review of an award of arbitration must be in accordance with Form 3.

[12]Order 8, rule 3AA

substitute

3AAUse of Forms 3, 3A and 3B

 If a person files an application in accordance with Form 3 that seeks interim or procedural orders, these Rules apply to that part of the application as if the application were filed in accordance with Form 8 and a reference to Form 8A is to be read as a reference to Form 3A or 3B, as the case requires.

[13]Order 8, paragraph 5 (a)

omit

7 or 7A;

insert

3 or 3A;

[14]Order 8, paragraph 7 (2) (b)

omit

orders

insert

interim or procedural orders

[15]Order 8, subrule 9 (1)

omit

3, 7 or 8

insert

3 or 8

[16]Order 8, paragraph 9 (1) (a)

substitute

• (a)

  fix a date for the hearing of the application or for a case conference; and

[17]Order 8, subrule 9 (2)

omit

Form 7, or

[18]Order 8, subrule 9 (2)

omit

a directions hearing

insert

a case conference or directions hearing

[19]Order 8, rule 11

omit

Form 7

insert

Form 3

[20]Order 8, rule 14, heading

substitute

14Response to application — Form 3A

[21]Order 8, subrule 14 (1)

substitute

• (1)

  A respondent to an application in accordance with Form 3 may file and serve a response to the application in accordance with Form 3A.

[22]Order 8, rule 15, heading

15Applicant’s reply in certain circumstances —Form 3B

[23]Order 8, rule 15

omit

Form 7B,

insert

Form 3B,

[24]Order 8, rule 16

omit

directions hearing

insert

case conference or directions hearing

[25]After Order 8

insert

Order 8AFederal Magistrates Court

Division 1Transfer of proceedings from the Federal Magistrates Court

1Order must be filed

• (1)

  A sealed copy of the order of the Federal Magistrates Court transferring a proceeding to the court must, unless the Federal Magistrates Court otherwise directs, be filed:

  • (a)

    if the order is obtained by a party — by that party; or

  • (b)

    if the order is made by the Federal Magistrates Court on its own motion — by the applicant in the proceeding.

• (2)

  The sealed copy of the order must be filed:

  • (a)

    if the order names a Registry — in the Registry named in the order; and

  • (b)

    otherwise — in the Registry nearest to the place where the Federal Magistrates Court heard the proceeding.

2Filing and service

• (1)

  The Registrar must give the order a distinctive number as if it were an application filed in the Registry.

• (2)

  The Registrar must:

  • (a)

    fix a date for a directions hearing as soon as practicable; and

  • (b)

    give notice of the date to each of the parties.

• (3)

  The party who files the order must serve a copy of the order:

  • (a)

    on each other party to the proceeding in the Federal Magistrates Court; and

  • (b)

    on any other person as the court directs.

• (4)

  If a party has an address for service in the Federal Magistrates Court proceeding, the copy of the order may be served on the party by delivery to that address.

3Conduct of a transferred proceeding

 These Rules apply to a proceeding transferred from the Federal Magistrates Court as if it were a proceeding instituted in the Court.

Division 2Transfer of proceedings to the Federal Magistrates Court

4Application for transfer by a party

 A party may apply for the transfer of a proceeding to the Federal Magistrates Court.

5Transfer on court’s own motion

• (1)

  The court may at any time on the court’s own motion transfer a proceeding to the Federal Magistrates Court.

• (2)

  This rule applies whether or not there is an application under rule 4 before the court.

6Factors to be considered

 In addition to the factors set out in subsection 33B (6) of the Act, the court must, when considering whether to transfer a proceeding to the Federal Magistrates Court, take into account the following factors:

• (a)

  whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Family Court on one or more of the points in issue;

• (b)

  whether, if the proceeding is transferred, it is likely to be heard and determined at less cost and more convenience to the parties than if the proceeding is not transferred;

• (c)

  whether the proceeding is likely to be heard and determined earlier in the Federal Magistrates Court;

• (d)

  the availability of particular procedures appropriate for the class of proceeding;

• (e)

  the wishes of the parties.

Note   Subsection 33B (6) of the Act provides that, in deciding whether a proceeding should be transferred to the Federal Magistrates Court, the court must have regard to:

(a) any Rules of the Court made for the purposes of the transfer of proceedings; and

(b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and

(c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the proceeding; and

(d) the interests of the administration of justice.

7Proceeding transferred to the Federal Magistrates Court

 On the transfer of a proceeding to the Federal Magistrates Court, the Registrar must send to the proper officer of the Federal Magistrates Court all documents filed and orders made in the proceeding.

[26]Order 9, after rule 1

insert

Division 1ACase conference

1ACase conference

• (1)

  If the court or a Registrar considers that it would be advantageous to do so, the court or Registrar may order the parties to a proceeding to attend a case conference.

• (2)

  Unless the court or a Registrar otherwise orders:

  • (a)

    a party must attend a case conference in person; and

  • (b)

    if the party is represented by a lawyer — the lawyer must also attend the case conference.

• (3)

  A case conference must be held in the presence of a Registrar, a family and child counsellor or a welfare officer, as specified in the order.

• (4)

  At the case conference, the person conducting the case conference may:

  • (a)

    attempt to resolve the proceeding or any part of the proceeding by agreement; and

  • (b)

    assess the appropriate future conduct of the matter.

1BAfter case conference

• (1)

  At the end of a case conference, the person who conducted the case conference must ensure that a memorandum in accordance with Form 69A is given to the court and to each party.

• (2)

  If all issues are not resolved at the end of a case conference, the Registrar must conduct a directions hearing.

[27]Order 13, paragraph 2 (o)

omit

inexpensively.

insert

inexpensively;

[28]Order 13, after paragraph 2 (o)

insert

• (p)

  transfer of proceedings to the Federal Magistrates Court.

[29]Order 19, subrule 1 (2)

omit

Order 34, rule 1),

insert

Division 1 of Order 34),

[30]Order 19, subrule 1 (3)

omit

Form 7,

insert

Form 3,

[31]Order 20, subrule 2 (2)

omit

Form 7,

insert

Form 3,

[32]Order 25, subrules 3 (1), (2) and (2A)

omit

Chief Judge

insert

Chief Justice

[33]Order 25, subrule 3 (3)

omit

solicitor shall,

insert

lawyer must,

[34]Order 25, subrule 3 (4)

omit

solicitor,

insert

lawyer,

[35]Order 25, subrule 3 (7)

substitute

• (7)

  A lawyer who furnishes a document in accordance with subrule (3) must certify, as required by Form 2, 3, 4 or 6, as the case requires, that the document was so furnished.

[36]Order 25, paragraph 5 (2) (a)

omit

legal practitioners, or to a legal practitioner

insert

lawyers, or to a lawyer

[37]Order 25A, rule 11, heading

substitute

11Parties may be attended by lawyers

[38]Order 25A, subrule 21 (5)

omit

Form 7

insert

Form 3

[39]Order 26, heading

substitute

Order 26Registration of agreements, State child orders and debts due to the Commonwealth

[40]Order 26, rule 1, heading

substitute

1Registration of agreements under the Act

[41]Order 26, subrule 1 (1)

substitute

• (1)

  A party to a maintenance agreement or an agreement varying the maintenance of a child may register the agreement in a court having jurisdiction under the Act by filing:

  • (a)

    the original of the agreement; and

  • (b)

    2 copies of the agreement.

[42]Order 26, paragraph 1 (2) (a)

omit

solicitor;

insert

lawyer;

[43]Order 26, subrule 1 (3)

omit

a maintenance agreement under subsection 86 (1) of the Act,

insert

an agreement

[44]Order 28, subrule 1 (1B)

omit

Form 7,

insert

Form 3,

[45]Order 28, after rule 6

insert

7Setting aside subpoena

 The court may, of its own motion or on the application of any person having a sufficient interest, set aside a subpoena wholly or in part.

[46]Order 30, after rule 1C

insert

1DDirections for trial management

• (1)

  A Judge, Judicial Registrar, Registrar or Magistrate may make any direction about the conduct of a proceeding considered appropriate, even though the direction may be inconsistent with a provision of these Rules.

• (2)

  In deciding whether to make an order or direction, the interests of justice are paramount.

• (3)

  Without limiting subrule (1), a Judge, Judicial Registrar, Registrar or Magistrate may in a particular case at any time by direction:

  • (a)

    limit the time to be taken in examining, cross‑examining or re-examining a witness; or

  • (b)

    limit the number of witnesses (including expert witnesses) that a party may call on a particular issue; or

  • (c)

    require submissions to be made in the way the court directs, for example, in writing, orally, or by a combination of written and oral submission; or

  • (d)

    limit the time to be taken in making any oral submission; or

  • (e)

    limit the length of a written submission or affidavit; or

  • (f)

    limit the time to be taken by a party in presenting the party’s case; or

  • (g)

    limit the time to be taken by the hearing.

• (4)

  However, a direction must not:

  • (a)

    detract from the attainment of justice; or

  • (b)

    detract from the principle that each party is entitled to a fair and just hearing; or

  • (c)

    detract from the principle that each party must be given a reasonable opportunity to lead evidence, cross-examine and re-examine witnesses and to address the Court.

• (5)

  The Judge, Judicial Registrar, Registrar or Magistrate may amend a direction at any time.

[47]Order 31B, paragraphs 11 (1) (a) and (b)

substitute

• (a)

  if Part 6B of that Act applies, within 28 days after receipt by the appellant of the notice given under subsection 98ZC (2) of that Act; or

• (b)

  within 28 days after the receipt by the appellant of the notice of decision sought to be appealed; or

• (c)

  within such further time as the court allows.

[48]Order 31B, subrule 11 (2)

omit

accompanied

insert

accompanied, as applicable,

[49]Order 31B, subrule 12 (2)

substitute

• (2)

  An application under section 116 of the Assessment Act must also be accompanied, as applicable, by a copy of:

  • (a)

    any decision made under Part 6A of that Act; and

  • (b)

    any objection lodged under subsection 98X (1) of that Act; and

  • (c)

    any notice lodged under subsection 98ZB (2) of that Act; and

  • (d)

    any notice given under subsection 98ZC (2) of that Act.

[50]Order 32, after subrule 2 (1)

insert

• (1A)

  If the appeal is from a decree of the Federal Magistrates Court the appellant must file, with the notice of appeal, a copy of the decree appealed from.

[51]Order 32, subrule 2A (2)

omit

42A or 42B.

insert

42A, 42B or 43.

[52]Order 32, after subrule 3 (1)

insert

• (1A)

  If the appeal is from a decree of the Federal Magistrates Court, the appellant must provide the Registrar of the Federal Magistrates Court with a sealed copy of the notice of appeal within 7 days of instituting the appeal.

[53]Order 32, after rule 17A

insert

17BHearing appeal by video or audio link

 A Full Court may be constituted by Judges sitting in different venues to hear an appeal by video or audio link.

[54]Order 32, rule 18A

substitute

18AShort form reasons

 For subsections 94 (2A) and 94AAA (7) of the Act, reasons for decision in short form may be given in accordance with Form 42C.

[55]Order 33, after paragraph 2 (1) (d)

insert

• (da)

  an agreement varying or revoking an original agreement dealing with the maintenance of a child under section 66SA of the Act; and

[56]Order 33, subrule 2 (1)

omit

(c), (d)

insert

(c), (d), (da)

[57]Order 33, paragraph 2 (4A) (b)

omit

counsel or solicitor

insert

a lawyer

[58]Order 33, subrule 3 (6), penalty

substitute

Penalty:   50 penalty units.

[59]Order 33, subrule 4 (20), penalty

substitute

Penalty:   50 penalty units.

[60]Order 33, subrule 4 (23), penalty

substitute

Penalty:   50 penalty units.

[61]Order 34, rule 6, heading

substitute

6Form of warrant — Form 51 or 53

[62]Order 34, subrule 6 (2)

omit

[63]Order 35, rule 1, definition of applied provisions

substitute

applied provisions:

• (a)

  in relation to an order not affecting children, has the meaning given by section 112AA of the Act; and

• (b)

  in relation to an order affecting children, has the meaning given by section 70NB of the Act.

[64]Order 35, rule 1, after definition of applied provisions

insert

contravene an order:

• (a)

  in relation to an order not affecting children, has the meaning given by section 112AB of the Act; and

• (b)

  in relation to an order affecting children, has the meaning given by section 70NC of the Act.

order affecting children has the meaning given to the term ‘order under this Act affecting children’ by section 70NB of the Act.

order not affecting children has the meaning given to the term ‘order under this Act’ by section 112AA of the Act.

[65]Order 35, rule 1, definition of section 112AA order

omit

[66]Order 35, paragraphs 2 (a) and (b)

substitute

• (a)

  has without reasonable excuse (within the meaning of Division 13A of Part VII of the Act) contravened an order affecting children; or

• (b)

  has without reasonable excuse (within the meaning of Part XIIIA of the Act) contravened an order not affecting children; or

[67]Order 35, subparagraph 2 (d) (i)

omit

paragraph 112AD (2) (d)

insert

paragraph 112AD (2) (b)

[68]Order 35, rule 5, heading

substitute

5Contravention of orders not affecting children — Form 48

[69]Order 35, subrules 5 (1) and (2)

substitute

• (1)

  A person may apply to the court to impose a sanction under subsection 112AD (2) of the Act on another person who is alleged to have, without reasonable excuse, contravened an order not affecting children.

[70]Order 35, rule 6, heading

substitute

6Contravention of orders affecting children — Form 49

[71]Order 35, subrule 6 (1)

omit

subsection 112AD (2)

insert

Division 13A of Part VII

[72]Order 35, paragraph 14 (g)

omit

[73]Order 35, after rule 14

insert

15Stage 2 of parenting compliance regime — notification to provider of program

 If the court makes an order under paragraph 70NG (1) (a) of the Act that a person is to attend before the provider of a program for assessment, or is to attend a program, the Registrar must send a sealed copy of the order to the provider of the program.

16Duties of provider of program

• (1)

  The provider of a program before whom a person attends for initial assessment under an order made under subparagraph 70NG (1) (a) (i) of the Act must notify the court in writing if the person is unsuitable to attend a program.

• (2)

  If a person is ordered to attend a program, or part of a program, under subparagraph 70NG (1) (a) (ii) of the Act, the provider of the program must notify the court in writing, as soon as practicable, if:

  • (a)

    the person fails to attend the program or part of the program; or

  • (b)

    the provider considers that the person is unsuitable to take any further part in the program or part of the program.

17Relisting for directions

The court may, on application of a party or on its own motion, relist the matter for further directions under section 70NIA of the Act on receiving notification under rule 16.

[74]Order 36A, paragraph 2 (1A) (k)

substitute

the power under section 106A of the Act;

[75]Order 36A, after paragraph 2 (2) (d)

insert

• (da)

  Order 8A, rule 5;

[76]Order 36A, after paragraph 3 (h)

insert

• (ha)

  the powers of the Court under section 70NF of the Act;

[77]Order 36A, after paragraph 3 (jb)

insert

• (jc)

  the powers of the Court under section 70NN of the Act;

[78]Order 36A, paragraph 3 (o)

omit

section 85

insert

section 106B

[79]Order 36A, paragraph 3 (u)

substitute

• (u)

  the powers of the Court under regulations 4, 5 and 6, subregulations 28A (6), 28D (5) and 28E (2), regulations 29 and 29B, subregulations 31 (1), 32 (1) and 34 (1), regulation 38B, subregulations 39 (4) and 50 (4), regulation 51 and subregulation 53 (4);

[80]Order 38, rule 4AA

omit

[81]Order 40, subrule 3 (4), penalty

substitute

Penalty:   5 penalty units.

[82]Schedule 1, Form 3

substitute

[83]Schedule 1, Form 4, Part B, heading

omit

(do not complete if there are no children)

insert

(complete only if there are no children or if you are making a joint application)

[84]Schedule 1, Forms 7, 7A and 7B

omit

[85]Schedule 1, Form 12A, Part C, heading

substitute

COther court proceedings and financial agreements

[86]Schedule 1, Form 12A, Part C

omit everything after item 13, insert

Omit 14a, b and 15 if no financial orders are sought
14a	Is either party currently bankrupt?	no  ¨ yes ¨ attach a copy of the sequestration order
14b	Is either party currently a debtor in bankruptcy proceedings started by either a creditors petition or a debtors petition?	no  ¨ yes ¨ go to (a) (a) copy of orders attached ¨ or (b) details below ¨ give details (including parties, name of court, orders, undertakings, agreements and date made) …………………………………………………… …………………………………………………… ……………………………………………………
15	Have the parties entered into a financial agreement?	no  ¨ yes ¨ attach a copy of the financial agreement

[87]Schedule 1, Form 17, item 9

omit

Personal Exertions

insert

social security payments

[88]Schedule 1, Form 17, item 28

omit

card type      minimum payment      card number      expiry date

insert

card type      minimum payment      name exactly as it appears on card

[89]Schedule 1, Form 17, item 34

omit

credit in banks etc

insert

funds in banks, building societies, credit unions or other financial institutions

[90]Schedule 1, Form 17, item 34

omit each mention of

name of bank/building society

insert

name of bank/building society/credit union/other

[91]Schedule 1, Form 17, item 46

omit each mention of

card type         card limit         card number          expiry date

insert

card type        card limit          name exactly as it appears on card

[92]Schedule 1, Form 26A, Part J, heading

substitute

JStatement by family and child mediator/counsellor (if applicable)

[93]Schedule 1, Form 26A, Part J, item 2

omit

counsellor?

insert

mediator/counsellor?

[94]Schedule 1, Form 26A, Part J, item 4

omit

family and child counsellor

insert

family and child mediator/counsellor

[95]Schedule 1, Form 26A, Part J

omit

Signature of counsellor

insert

Signature of mediator/counsellor

[96]Schedule 1, Form 26A, Part J, note at end

omit

counsellor

insert

mediator/counsellor

[97]Schedule 1, after Form 42B

insert

[98]Schedule 1, Form 46, paragraph 1

omit

(or a maintenance agreement was registered)

insert

(or a maintenance agreement was registered or the parties entered into a financial agreement)

[99]Schedule 1, Form 46, paragraph 3

omit

on             19

insert

on (date)

[100]Schedule 1, Form 46, after paragraph 4 (f)

omit

Dated              19   .

insert

Dated:

[101]Schedule 1, Form 46, note 1

omit

$5,000.

insert

50 penalty units.

[102]Schedule 1, Form 49

substitute

[103]Schedule 1, Form 49A, note 1

omit

Subsection 112AH (3) of the Family Law Act provides

insert

Subsections 70NN (2), (3) and (6) and subsection 112AH (3) of the Family Law Act provide

[104]Schedule 1, Form 49A, note 2

omit

warrant issued under paragraph 112AH (2) (b) of the Family Law Act,

insert

warrant,

[105]Schedule 1, Form 52

omit

[106]Schedule 1, after Form 69

insert

[107]Schedule 2

substitute

Schedule 2Scale of costs (including counsel’s fees)

 (Order 38)

Note   The amounts in this Schedule are inclusive of GST.

Part 1Costs for work done

Item	Matter for which charge is made	Charge
1	Drawing documents:
(a) court documents	$36.80 for each page
(b) other documents	$13.20 for each folio
2	Engrossing documents:
(a) court documents	$12.40 for each page
(b) other documents	$4.50 for each folio
3	Drafting and typing:
(a) short letter (1 folio or less)	$17.80
(b) circular letter (1 folio or less)	$7.40
(c) any other letter	$15.10 for each folio
4	Telephone attendance:
(a) 5 minutes or less	$12.40
(b) more than 5 minutes	$154 for each hour
5	Perusal of documents:
(a) for each page	$17.80
(b) fewer than 30 folios	$6.10 for each folio
(c) 30 or more folios	an amount at the discretion of the taxing officer
6	Scanning of documents (where perusal is not necessary):
(a) fewer than 10 pages	$7.30 for each page
(b) 10 or more pages	an amount at the discretion of the taxing officer
7	Preparation of the appeal papers in a solicitor’s office	an amount at the discretion of the taxing officer
8	Photographic reproduction, carbon or other copy of a document	45 cents for each page
8A	Transmitting urgent and necessary written material by the solicitor’s facsimile machine Note   STD and ISD transmission fees may be claimed as a disbursement properly incurred	$7.30 for the first page $3.10 for each additional page
8B	Receiving written material by the solicitor’s facsimile machine	$1.70 for each page
9	Time reasonably spent by a solicitor on work requiring the skill of a solicitor (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 10)	$154 for each hour
10	Time reasonably spent by a solicitor, or by a clerk of a solicitor, on work (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 9)	$100 for each hour

Part 2Counsel’s fees

Item	Matter for which charge is made	Charge
11	Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))	$178–$250 for each hour, or part of an hour
12	Conferences (including court appointed conferences), if necessary	$178–$250 for each hour, or part of an hour
13	Short appearances (for example, directions hearings, interim or procedural hearings, summary hearings taking less than 3 hours)	$160–$740
14	Short defended hearings (taking at least 3 hours but not more than 1 day)	$540–$1 250
15	Other defended hearings	$1 250–$1 840 for each day
16	Reserved judgment	$178–$250 for each hour, or part of an hour

Part 3Basic composite amount

Undefended dissolution proceedings

Item	Matter for which charge is made	Charge
17	If the solicitor employed another solicitor or counsel to appear for the applicant and there is a child of the marriage under 18 years old	$670
18	If the solicitor employed another solicitor or counsel to appear for the applicant and there is no child of the marriage under 18 years old	$500
19	If the solicitor did not employ another solicitor or counsel to appear for the applicant and there is a child of the marriage under 18 years old	$630
20	If the solicitor did not employ another solicitor or counsel to appear for the applicant and there is no child of the marriage under 18 years old	$470

Notes

1. These Rules amend Statutory Rules 1984 No. 425, as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 9, 15, 16, 46, 166 and 236; 1989 Nos. 49, 65, 175, 201, 266 and 331; 1990 Nos. 20, 74, 348 and 474; 1991 Nos. 122, 414, 475 and 476; 1992 Nos. 8, 45, 161 and 304; 1993 Nos. 51 and 160; 1994 Nos. 25, 58, 59, 60, 61, 62, 152 and 401; 1995 Nos. 2, 144, 145, 146, 319 and 371; 1996 Nos. 28 and 60; 1997 Nos. 97, 154 and 155; 1998 Nos. 117 and 299; 1999 Nos. 61, 118 and 279; 2000 Nos. 172 and 190; 2001 No. 1.

2. Notified in the Commonwealth of Australia Gazette