Family Law (Costs) Regulations (Cth)

Statutory Rules

1976 No. 1

REGULATIONS UNDER THE FAMILY LAW ACT 1975.*

I, THE ADMINISTRATOR of the Government of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Family Law Act 1975.

Dated this fifth day of January, 1976.

A. R. CUTLER

Administrator.

By His Excellency’s Command,

R. J. ELLICOTT

Attorney-General.

________

FAMILY LAW (COSTS) REGULATIONS

Citation.

1. These Regulations may be cited as the Family Law (Costs) Regulations.

Commencement.

2. These Regulations shall come into operation on 5 January 1976.

Interpretation.

3. (1) In these Regulations, “ the Act ” means the Family Law Act 1975.

(2) Words and expressions used in these Regulations that are defined in regulation 4 of the Family Law Regulations have the same respective meanings as they have in that regulation.

Entitlement of solicitor to costs.

4. (1) Subject to these Regulations and except where otherwise ordered by the court, in any proceedings instituted after the commencement of these Regulations, a solicitor acting for a party to the proceedings is entitled to charge costs consisting of—

(a) amounts for costs prescribed by these Regulations; and

(b) disbursements properly incurred for the purposes of and incidental to the proceedings.

(2) For the purposes of sub-regulation (1), fees paid to counsel briefed to appear for the applicant in proceedings for a decree of dissolution of marriage that are not defended shall not be regarded as a disbursement properly incurred for the purposes of and incidental to the proceedings unless—

(a) the brief was delivered to counsel after the hearing of the proceedings had been adjourned by the court; and

 

* Notified in the Australian Government Gazette on 5 January 1976.

 

(b) at the time of the adjournment, the court informed the applicant—

(i) that the court was not satisfied that proper arrangements in all the circumstances had been made for the welfare of children of the marriage who had not attained the age of 18 years; or

(ii) that the court would not be prepared to make a decree in the proceedings on the evidence then before the court.

(3) Nothing in these Regulations shall prevent a solicitor acting for a party to proceedings from entering into an agreement in writing with that party in relation to costs and charging in accordance with that agreement, but nothing in such an agreement shall preclude the right of a party to proceedings to file a notice under sub-regulation 174 (3) of the Family Law Regulations.

Scale of costs.

5. (1) The basic composite amount that may be charged for costs for proceedings in relation to an undefended application for a decree of dissolution of marriage is—

(a) where there is a child of the marriage who has not attained the age of 18 years—$200; or

(b) in any other case—$150.

(2) The basic composite amount that may be charged for costs for proceedings under Part VII or VIII or section 114 of the Act or under Part XV of the Family Law Regulations is—

(a) where the application is filed in the Family Court, a State Family Court or a Supreme Court of a State or Territory—$200; or

(b) where the application is filed in a court of summary jurisdiction—$120.

(3) Where proceedings of a kind referred to in sub-regulation (2) were, or could reasonably have been, instituted at the same time as other proceedings of that kind between the same parties were instituted, a solicitor acting for one of those parties in relation to those proceedings is entitled to charge, for costs for those proceedings, only one basic composite amount referred to in that sub-regulation.

(4) The basic composite amount that may be charged for costs for any other proceedings under the Act or the Family Law Regulations is $40 for each hour or part of an hour of the professional time reasonably spent in relation to the proceedings.

(5) A reference in this regulation to a basic composite amount that may be charged for costs for proceedings shall be read as an amount for costs for—

(a) any conference or conferences to take instructions;

(b) the preparation and filing of documents;

(c) perusing any documents in reply and any consequential conferences;

(d) any necessary attendance at court or at the office of the court;

(e) furnishing the party for whom the solicitor is acting with copies of any decree or decrees obtained; and

(f) all other necessary steps in the proceedings.

(6) Where a conference referred to in paragraph (5) (a) or (c), or a necessary attendance at court referred to in paragraph (5) (d), exceeds one hour in duration, an additional amount for costs of $40 for each hour or part of an hour by which the duration of the conference or attendance exceeds one hour may be charged.

 

(7) For the purposes of sub-regulation (6), the duration of an attendance at court shall include the time reasonably spent at the court in waiting for the hearing of the application to commence or resume and reasonable time taken in travelling to and from the court.