Family Law Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 441

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Family Law Regulations2 (Amendment)

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 23 March 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

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Commencement

1. These Regulations shall come into operation on 1 April 1988.

Fee in respect of proceedings for divorce or nullity

2. Regulation 11 of the Family Law Regulations is amended by omitting subregulation (4) and substituting the following subregulations:

“(4) The court fee referred to in subregulation (1) is not payable if:

(a) the fee has been paid in respect of the proceedings by a party other than the applicant;

(b) the marriage to which the relevant application relates has been dissolved or annulled under the Act or the repealed Act;

(c) 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

(d) the Registrar of the court in the office of which the relevant application is filed is satisfied that the payment of the fee would impose hardship on the applicant.

“(5) Where the court fee referred to in subregulation (1) has been paid, being a fee that is not payable for the reasons specified in paragraph (4) (a), (b) or (c), the Registrar shall refund to the applicant or other person who has paid the fee the full amount of the fee.”.

 

(S.R. 56/88)—Cat. No.    14/14.3.1988

 

Fee in respect of appeals

3. Regulation 16 of the Family Law Regulations is amended by adding at the end the following subregulation:

“(4) Where the court fee referred to in subregulation (1) has been paid, being a fee that is not payable for the reason specified in paragraph (3) (a), the Principal Registrar shall refund to the applicant or other person who has paid the fee the full amount of fee.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 March 1988.

2. Statutory Rules 1984 No. 426 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 42 and see also Statutory Rules 1988 No. 42.

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