Family Law Regulations (Amendment) (Cth)

Statutory Rules 1998No. 39 1

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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, make the following Regulations under the Family Law Act 1975.

Dated 18 March 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General

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1.   Amendment

1.1   The Family Law Regulations are amended as set out in these Regulations.

[NOTE:  These Regulations commence on gazettal: see Acts Interpretation Act 1901, s 48.]

2.   Regulation 11 (Fees in respect of proceedings)

2.1   After subregulation (8), insert:

 “(9) Upon written notice to a Registrar, a person who has paid a hearing fee is entitled to a refund of the fee if:

• (a)

  notice that the hearing for which the fee was paid will not proceed is given to the Registrar:

  • (i)

    if the hearing date was fixed less than 20 working days before that date—at least 2 working days before that date; or

  • (ii)

    in any other case—at least 20 working days before the hearing date; and

• (b)

  the hearing:

  • (i)

    does not proceed; or

  • (ii)

    is conducted only to formalise the making of final orders.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 25 March 1998.

2. Statutory Rules 1984 No. 426 as amended by 1985 No. 183; 1986 Nos. 140 and 393; 1987 Nos. 85 and 175; 1988 Nos. 42, 44, 164 and 165; 1989 Nos. 8, 53, 74, 155, 205, 235 and 326; 1990 Nos. 294 and 373; 1991 Nos. 401 and 447 (disallowed by the Senate on 3 March 1992); 1992 Nos. 33, 160, 287, 376 and 404; 1994 Nos. 86 and 343; 1995 Nos. 297, 400 and 419; 1996 Nos. 71, 188 (as amended by 1996 No. 201), 253 and 265; 1997 Nos. 157 (disallowed by the Senate on 24 November 1997), 232, 251 and 376.