Family Law Amendment Rules 2001 (No. 4) (Cth)

Family Law Amendment Rules 2001 (No. 4)1

Statutory Rules 2001 No. 2572

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

Dated 24 September 2001

J. EDWARD ELLIS

K.A. MURRAY

H.R. FREDERICO

T.E. LINDENMAYER

N.J. BUCKLEY

ADRIAN SMITHERS

JAMES BARRY

J. WILCZEK

N. MUSHIN

M.A. HANNON

B.J. WARNICK

S.R. O’RYAN

J. FAULKS

SUSAN MORGAN

CHRISTINE E. DAWE

JOHN STEELE

HEATHER B. CARTER

LLOYD WADDY

P. ROSE

R. FLOHM

D.J. COLLIER

J.M. BOLAND

A.R. MONTIETH

JANINE STEVENSON

Judges of the Family Court

of Australia

A.M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

N. TOLCON

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. 4).

2Commencement

 These Rules commence on 1 October 2001.

3Amendment of Family Law Rules 1984

Schedule 1 amends the Family Law Rules 1984.

Schedule 1Amendments

(rule 3)

  

[1]Order 2, paragraph 3A (1) (b)

omit

number

[2]Order 32, rule 17B, heading

substitute

17BHearing appeal by technical medium

[3]Order 36A, after paragraph 2 (1AC) (d)

insert

• (da)

  the power to issue a declaration of parentage under section 69VA of the Act;

[4]Order 36A, after paragraph 3 (raa)

insert

• (raaa)

  the powers of the Court under section 90KA of the Act;

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

omit

subregulations 38B,

insert

subregulations 36 (2),

[6]Schedule 2

substitute

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

(Order 38)

Note   The amounts in this Schedule are inclusive of GST.

Part 1Fees for solicitor’s work done

 

Item	Matter for which charge is made	Charge
1	Drawing documents:
(a) court documents	$38.30 for each page
(b) other documents	$13.70 for each folio
2	Engrossing documents:
(a) court documents	$12.90 for each page
(b) other documents	$4.70 for each folio
3	Drafting and typing letters (including e-mail transmissions):
(a) short (1 folio or less)	$18.50
(b) circular (1 folio or less)	$7.70
(c) any other	$15.70 for each folio
4	Telephone attendance:
(a) 5 minutes or less	$12.90
(b) more than 5 minutes	$160 for each hour
5	Perusal of documents:
(a) for each page	$18.50
(b) fewer than 30 folios	$6.40 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	$7.60 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 lawyer’s office	an amount at the discretion of the taxing officer
8	Photographic reproduction, carbon or other copy of a document	50 cents for each page
8A	Transmitting urgent and necessary written material by the lawyer’s facsimile machine Note   STD and ISD transmission fees may be claimed as a disbursement properly incurred.	$7.60 for the first page $3.30 for each additional page
8B	Receiving written material by the lawyer’s facsimile machine	$1.80 for each page
9	Time reasonably spent by a lawyer 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)	$160 for each hour
10	Time reasonably spent by a lawyer, or by a clerk of a lawyer, on work (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 9)	$104 for each hour

Part 2Fees for counsel’s work done

 

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))	$185–$260 for each hour, or part of an hour
12	Conferences (including court appointed conferences), if necessary	$185–$260 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)	$166–$770
14	Short defended hearings (taking at least 3 hours but not more than 1 day)	$560–$1 300
15	Other defended hearings	$1 300–$1 910 for each day
16	Reserved judgment	$185–$260 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 lawyer employed another lawyer to appear for the applicant and there is a child of the marriage under 18 years old	$700
18	If the lawyer employed another lawyer to appear for the applicant and there is no child of the marriage under 18 years old	$520
19	If the lawyer did not employ another lawyer to appear for the applicant and there is a child of the marriage under 18 years old	$655
20	If the lawyer did not employ another lawyer to appear for the applicant and there is no child of the marriage under 18 years old	$490

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 Nos. 1, 19 and 191.

2. Notified in the Commonwealth of Australia Gazette