Family Law Rules (Amendment) (Cth)

Statutory Rules 1998 No. 1171

 

Family Law Rules2 (Amendment)

We, Judges within the meaning of the Family Law Act 1975,make the following Rules of Court under that Act.

Dated 22 May 1998.

ALAN J. BARBLETT

J.F. FOGARTY

K.A. MURRAY

T.E. LINDENMAYER

H.R. FREDERICO

ALWYNNE ROWLANDS

IV. KAY

RODERICK JOSKE

JOSEPHINE M. MAXWELL

ADRIAN SMITHERS

RICHARD W. GEE

J. WILCZEK

H.J. BURTON

G.R. MULLANE

MARY JANE M. LAWRIE

N. MUSHIN

LR. COLEMAN

P.F.A. HILTON

M.A. HANNON

 

98/20745Α-980505Α-Ζ, 26/5/98, 10:35 am

 

B.J.WARNICK

RICHARD CHISHOLM

B. JORDAN

S.R. O’RYAN

J. FAULKS

LINDA DESSAU

MICHELLE MAY

CHRISTINE E. DAWE

JOHN STEELE

J.A. JERRARD

ROD BURR

PAUL M. GUEST

Judges of the Family Court

of Australia

A.M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

ALAN J. BARBLETT

N. TOLCON

C.E. MARTIN

J.G. BARLOW

Judges of the Family Court of Western Australia

S. THACKRAY

Registrar

Family Court of Western Australia

_____________

1. Commencement

1.1 These Rules commence on 1 June 1998.

98/20745A-980505A-Z, 25/5/98, 2:26 pm

 

2. Amendment

2.1 The Family Law Rules are amended as set out in these Rules.

3. Schedule 2 (Scale of costs (including counsel’s fees))

3.1 Omit the Schedule, substitute:

SCHEDULE 2Order 38

SCALE OF COSTS (INCLUDING COUNSEL’S FEES)

PART 1—COSTS FOR WORK DONE

Column 1	Column 2	Column 3
Item	Matter for which charge is made	Charge
1	Drawing documents
(a) court documents	$31.35 for each page
(b) other documents	$11.20 for each folio
2	Engrossing documents
(a) court documents	$10.65 for each page
(b) other documents	$3.90 for each folio
3	Drafting and typing
(a) short letter (1 folio or less)	$15.15
(b) circular letter (1 folio or less)	$6.30
(c) any other letter	$12.85 for each folio
4	Telephone attendance
(a) 5 minutes or less	$10.65
(b) more than 5 minutes	$130.60 for each hour

98/20745A-980505A-Z, 25/5/98, 2:28 pm

    

Column 1	Column 2	Column 3
Item	Matter for which charge is made	Charge
5	Perusal of documents
(a) for each page	$15.15
(b) fewer than 30 folios	$5.20 for each folio
(c) 30 or more folios	an amount at the discretion of the taxing officer
6	Scanning of documents (where perusal is not necessary)
(a) fewer than 10 pages	$6.20 for each page
(b) 10 or more pages	an amount at the discretion of the taxing officer
7	Preparation of the appeal papers in a solicitor’s office	an amount at the discretion of the taxing officer
8	Photographic reproduction, carbon or other copy of a document	$1.35 for each page
8A	Transmitting urgent and necessary written material by the solicitor’s facsimile machine	$6.20 for the first page
Note STD and ISD transmission fees may be claimed as a disbursement properly incurred	$2.60 for each additional page
8B	Receiving written material by the solicitor’s facsimile machine	$1.45 for each page
9	Time reasonably spent by a solicitor on work requiring the skill of a solicitor (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 10)        98/20745A-9B0605A-Z. 25/5/98, 2:26 pm	$130.60 for each hour
Column 1	Column 2		Column 3
Item	Matter for which charge is made		Charge
10	Time reasonably spent by a solicitor, or by a clerk of a solicitor, on work (except work mentioned in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 9)		$85.20 for each hour

PART 2—COUNSEL’S FEES

Column 1	Column 2	Column 3
Item	Matter for which charge is made	Charge
11	Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))	$151.50-$214.20 for each hour, or part of an hour
12	Conferences (including court appointed conferences), if necessary	$151.50-$214.20 for each hour, or part of an hour
13	Short appearances (for example, directions hearings, interim or procedural hearings, summary hearings taking less than 3 hours)	$135.85-$630
14	Short defended hearings (taking at least 3 hours but not more than 1 day)	$460-$1065
15	Other defended hearings	$1065-$1568 for each day
16	Reserved judgment	$150-$215 for each hour, or part of an hour

 

PART 3—BASIC COMPOSITE AMOUNT

UNDEFENDED DISSOLUTION PROCEEDINGS

Column 1	Column 2	Column 3
Item	Matter for which charge is made	Charge
17	If the solicitor employed another solicitor or counsel to appear for the applicant and there is a child of the marriage under 18 years old	$570
18	If the solicitor employed another solicitor or counsel to appear for the applicant and there is no child of the marriage under 18 years old	$425
19	If the solicitor did not employ another solicitor or counsel to appear for the applicant and there is a child of the marriage under 18 years old	$537
20	If the solicitor did not employ another solicitor or counsel to appear for the applicant and there is no child of the marriage under 18 years old	$402

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 May 1998.

2. Statutory Rules 1984 No. 425 as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 9, 15, 16, 46, 166 and 236; 1989 Nos. 49, 65, 175, 201, 266 and 331; 1990 Nos. 20, 74, 348 and 474; 1991 Nos. 122, 414, 475 and 476; 1992 Nos. 8, 45, 161 and 304; 1993 Nos. 51 and 160; 1994 Nos. 25, 58, 59, 60, 61, 62, 152 and 401; 1995 Nos. 2, 144, 145, 146, 319 and 371; 1996 Nos. 28 and 60; 1997 Nos. 97,154 and 155.

98/20745A-98050SA-Z, 26/5/98, 2:31 pm