Family Law Regulations (Amendment) (Cth)

Statutory Rules

1976 No. 213

REGULATIONS UNDER THE FAMILY LAW ACT 1975.*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Family Law Act 1975.

Dated this thirtieth day of September, 1976.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

R. ELLICOTT

Attorney-General.

—————

Amendments of the Family Law Regulations

Commencement.

1. These Regulations shall come into operation on 1 October 1976.

Fee in respect of proceedings for divorce or nullity.

2. After regulation 34 of the Family Law Regulations the following regulation is inserted:—

“ 34a,(1) Subject to sub-regulation (4), a court fee of $60 is payable in respect of proceedings for a decree of dissolution or of nullity of marriage.

“ (2) The court fee referred to in sub-regulation (1) is payable by the applicant at the time of filing the application.

“ (3) Except in a case to which sub-regulation (4) applies, the registrar of a court shall not accept an application for a decree of dissolution or of nullity of marriage for filing in the office of that court unless the fee referred to in sub-regulation (1) has been paid.

“ (4) The court fee referred to in sub-regulation (1) is not payable where the registrar of the court in the office of which the application is filed is satisfied—

(a) that the applicant has been granted, in relation to the proceedings, legal aid from a legal aid scheme or service approved by the Attorney-General; or

(b) that payment of the fee would impose substantial hardship on the applicant.”.

 

* Notified in the Australian Government Gazette on 30 September 1976.

Statutory Rules 1975, No. 210, as amended by Statutory Rules 1976, No. 97.

 

Right to be present.

3. Regulation 105 of the Family Law Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (2) Any person is entitled to be present in court during the hearing of proceedings under sub-section 70 (6), section 108 or sub-section 114 (4) of the Act unless the court otherwise orders.".

Enforcement of certain decrees.

4. After regulation 139 of the Family Law Regulations the following regulation is inserted in Part XV:—

“ 139a. Where a person is taken into custody in pursuance of a warrant issued by a court exercising jurisdiction in proceedings under the Act directing that the person be taken into custody and brought before that court, any court having jurisdiction under the Act before whom that person is brought may direct that, pending the person being brought before, or otherwise attending before, the first-mentioned court or pending the disposal of the proceedings, as the case requires, he—

(a) be kept in custody; or

(b) be released—

(i) with security, in such manner and in such sum as the second-mentioned court determines, that he will attend before the first-mentioned court; or

(ii) without security.”.