Family Law Rules (Amendment) (Cth)

Statutory Rules 1997

No. 97 1

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Family Law Rules 2(Amendment)

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

Dated 28 April 1997.

ALAN J. BARBLETT

J. EDWARD ELLIS

J. F. FOGARTY

K. A. MURRAY

H. R. FREDERICO

E. R. BAKER

N. J. BUCKLEY

T. E. LINDENMAYER

RODERICK JOSKE

J. T. GUN

P. F. UNDERHILL

PETER B. HASE

RICHARD W. GEE

D. BULBECK

J. S. PURDY

J. WILCZEK

W. ROURKE

H. J. BURTON

G. R. MULLANE

A. GRAHAM

JOHN COHEN

N. MUSHIN

I. R. COLEMAN

M. A. HANNON

RICHARD CHISHOLM

B. JORDAN

S. R. O’RYAN

SUSAN MORGAN

MICHELLE MAY

CHRISTINE DAWE

Judges of the Family Court

of Australia

A. M. FILIPPELLO

Principal Registrar

Family Court of Australia

MICHAEL H. HOLDEN

ALAN J. BARBLETT

D. R. ANDERSON

N. TOLCON

C. E. MARTIN

Judges of the Family Court

of Western Australia

S. THACKRAY

Acting Registrar

Family Court of Western Australia

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1.   Commencement

1.1   These Rules commence on 1 May 1997.

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 2 Order 38

SCALE OF COSTS (INCLUDING COUNSEL’S FEES)

PART 1—COSTS FOR WORK DONE

Column 1 Item No.	Column 2 Matter in respect of which charge is made	Column 3 Charge
1	Drawing documents
(a)     court documents	$30 for each page
(b)     other documents	$10.70 for each folio
2	Engrossing documents
(a)     court documents	$10.20 for each page
(b)     other documents	$3.75 for each folio
3	Drafting and typing
(a)     short letter (1 folio or less)	$14.50
(b)     circular letter (1 folio or less)	$6.00
(c)     any other letter	$12.30 for each folio
4	Telephone attendance
(a)     5 minutes or less	$10.20
(b)     more than 5 minutes	$125 for each hour
5	Perusal of documents
(a)     for each page	$14.50
(b)     fewer than 30 folios	$5.00 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	$5.90 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	$1.30 for each page
8A	Transmitting urgent and necessary written material by the solicitor’s facsimile machine [NOTE:  STD and ISD transmission fees may be claimed as a disbursement properly incurred]	$5.90 for the first page $2.50 for each additional page
8B	Receiving written material by the solicitor’s facsimile machine	$1.40 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)	$125 for each hour
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)	$81.50 for each hour

PART 2—counsel’s fees

Column 1 Item No.	Column 2 Matter in respect of which charge is made	Column 3 Charge
11	Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))	$145–$205 for each hour, or part of an hour
12	Conferences (including court appointed conferences), if necessary	$145–$205 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)	$130–$600
14	Short defended hearings (taking at least 3 hours but not more than 1 day)	$440–$1020
15	Other defended hearings	$1020–$1500 for each day
16	Reserved judgment	$145–$205 for each hour, or part of an hour

PART 3—basic composite amount

undefended dissolution proceedings

Column 1 Item No.	Column 2 Matter in respect of which charge is made	Column 3 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	$546
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	$407
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	$514
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	$385

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 May 1997.

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.