Family Law Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 2951

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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 28 October 1982.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

N. A. BROWN

Minister of State for Communications for and on behalf of the Attorney-General

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Application of this Part

1. Regulation 172a of the Family Law Regulations is amended—

(a) by inserting in sub-regulation (3) “but before 1 November 1982” after “1 August 1980”; and

(b) by adding at the end thereof the following sub-regulation:

“(4) In the application of this Part, by virtue of sub-regulation (2), in relation to work done on and after 1 November 1982 for proceedings—

(a) the reference in each of sub-regulations 173c (5), 173c (6) and 173c (9) to $48 shall be read as a reference to $62; and

(b) a reference to the amount that may be charged under sub-regulation 173c (10) shall be read as a reference to an amount calculated in accordance with the scale of costs in Schedule 3.”.

2. Regulation 179 of the Family Law Regulations is repealed and the following regulation substituted:

Application of this Part

“179. (1) Subject to this regulation, this Part applies in relation to work done on and after 1 August 1980 for proceedings other than proceedings to which Part XIX applies by virtue of sub-regulation 172a (2).

“(2) Sub-regulation (3) does not apply in relation to work done for—

(a) proceedings instituted before 1 November 1982; or

(b) proceedings, under Part VII or VIII or section 114 of the Act or under Part XV of these Regulations, that were instituted after that date but that could reasonably have been instituted at the same time as other proceedings, under those Parts or that section of the Act or under that Part of these Regulations, that were instituted between the same parties before that date.

“(3) Subject to sub-regulation (2), in the application of this Part in relation o work done on and after 1 November 1982 for proceedings—

(a) the reference in sub-paragraph 183 (1) (a) (i) to $223 shall be read as a reference to $268;

(b) the reference in sub-paragraph 183 (1) (a) (ii) to $158 shall be read as a reference to $190;

(c) the reference in sub-paragraph 183 (1) (b) (i) to $275 shall be read as a reference to $330;

(d) the reference in sub-paragraph 183 (1) (b) (ii) to $210 shall be read as a reference to $252;

(e) the reference in paragraph 184 (1) (a) to $163 shall be read as a reference to $196;

(f) the reference in paragraph 184 (1) (b) to $215 shall be read as a reference to $258;

(g) the reference in paragraph 185 (1) (a) to $198 shall be read as a reference to $238;

(h) the reference in paragraph 185 (1) (b) to $250 shall be read as a reference to $300;

(i) the reference in paragraph 186 (1) (a) to $217 shall be read as a reference to $262; and

(j) the reference in paragraph 186 (1) (b) to $270 shall be read as a reference to $324.

“(4) In the application of this Part in relation to work done on and after 1 November 1982 for proceedings, the reference in sub-regulations 181 (2), 182 (2), 187 (2), 187 (3), regulation 190, sub-regulation 192 (3) and regulation 193 to Schedule 2 shall be read as a reference to Schedule 3.”.

Schedule 3

3. The Family Law Regulations are amended by adding at the end thereof the following Schedule:

SCHEDULE 3 Sub-regulations 172a (4)

and 179 (4)

SCALE OF COSTS

Item	Matter in respect of which charge is made	Charge
1	Drawing documents.............................................	$5.20 per folio
2	Engrossing documents.........................................	$1.80 per folio
3	Drafting and typing—
(a) short letter (up to one folio in length)..........	$6.00
(b) circular letter (up to one folio in length)......	$3.00
(c) any other letter...........................................	$7.20 for the first folio and $ 6 for each subsequent folio
4		Telephone attendance—
(a) continuing for up to 5 minutes....................	$5.10
(b) continuing for more than 5 minutes.............	At the rate of $62 per hour
5	Perusal of documents...........................................	$2.40 per folio
6	Photographic reproduction, carbon or other copy of a document	$0.60 per page
7	Time reasonably spent by a solicitor on work requiring the skill of a solicitor, other than work referred to in Item 1, 2, 3, 4, 5, 6 or 8	At the rate of $62 per hour
8	Time reasonably spent by a solicitor or employee of a solicitor on work other than work referred to in Item 1, 2, 3, 4, 5, 6 or 7..		At the rate of $34 per hour

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 October 1982.

2. Statutory Rules 1975 No. 210 as amended by 1976 Nos. 97 and 213; 1977 No. 172; 1979 No. 146; 1980 No. 215; 1982 No. 244.