Statutory Rules
1989 No. 491
Family
Law Rules2 (Amendment)
WE,
Judges within the meaning of section 123 of the Family Law Act 1975,hereby
make the following Rules of Court under that Act.
Dated 20 March 1989.
ALASTAIR NICHOLSON
ALAN J. BARBLETT
J. EDWARD ELLIS
W. S. SIMPSON
J. F. FOGARTY
K. A. MURRAY
T. E. LINDENMAYER
STEVEN STRAUSS
H. R. FREDERICO
E. R. BAKER
N. J. BUCKLEY
R. C. WOOD
W. G. DOVEY
GRAHAM R. BELL
RODERICK JOSKE
J. T. GUN
GEOFFREY I. WALSH
ADRIAN SMITHERS
R. J. BULLEY
W. B. TREYVAUD
G. E. LAMBERT
P. F. UNDERHILL
PETER B. HASE
JOHN ELLIOTT
RICHARD W. GEE
D. BULBECK
M. A. RENAUD
J. S. PURDY
JOHN R. WILCZEK
H. J. BURTON
J. V. KAY
G. R. MULLANE
MARY JANE M. LAWRIE
D. F. CONNOR
G. E.
FERRIER
(S.R. 60/89)—Cat. No 6/23.3.1589
D. R. ANDERSON
ALWYNNE ROWLANDS
H. W. OLNEY
Judges of the Family
Court of Australia
C. R. SPINK
Acting Principal Registrar,
Family Court of Australia
ALAN J. BARBLETT
D. F. CONNOR
G. E. FERRIER
D. R. ANDERSON
Judges of the Family
Court of Western
Australia
J. D. EDWARDS
Registrar,
Family
Court of Western Australia
Basic composite amount—undefended dissolution proceedings
1. Rule 4 of Order 38 of the Family
Law Rules is amended:
(a) by omitting from subparagraph
(1) (a) (i) “$385” and substituting “$392”;
(b) by omitting from subparagraph
(1) (a) (ii) “$274” and substituting “$279”;
(c) by omitting from subparagraph
(1) (b) (i) “$474” and substituting “$482”;
(d) by omitting from subparagraph
(1) (b) (ii) “$364” and substituting “$370”.
Schedule 2
2. Schedule 2 to the Family Law Rules
is repealed and the following Schedule substituted:
SCHEDULE 2 Order
38, rule 3
SCALE
OF COSTS
Item No | Matter in
respect of which charge is made | Charge |
1 | Drawing documents | $ |
(a) court
documents
| 21.90 per page |
(b) other
documents
| 7.60 per folio
|
2 | Engrossing documents |
(a) court
documents
| 7.50 per page
|
(b) other
documents
| 2.80 per folio
|
3 | Drafting and typing |
(a) short
letter (up to one folio in length)
| 10.60 |
(b) circular
letter (up to one folio in length)
| 4.40
|
(c) any other
letter
| 8.90 per folio
|
4 | Telephone attendance |
(a) continuing
up to 5 minutes
| 7.60
|
(b) continuing
for more than 5 minutes
| At the rate of $92.00 per hour
|
5 | Perusal of documents |
(a) for each
page
| 10.40 |
(b) fewer than
30 folios
| 3.60 per 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
| 4.20 per 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
| 0.91 per page
|
9 | 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, 7, 8 or 10
| At the rate of$92.00 per hour
|
10 | Time
reasonably spent by a solicitor or by a clerk of a solicitor onwork
other than work referred to in item 1, 2, 3, 4, 5, 6, 7, 8 or 9
| At the rate of $60.00 per hour
|
Application
3. (1) The
amendments effected by rule 1 apply in relation to proceedings commenced on or
after 3 April 1989 and, notwithstanding those amendments, the provisions so
amended continue to apply in relation to proceedings commenced on or after 3
October 1988 and before 3 April 1989 as if those provisions had not been
amended.
(2) The Schedule substituted by rule 2 applies in
relation to work done and services performed on or after 3 April 1989 and,
notwithstanding its repeal, the Schedule repealed by that rule continues to
apply in relation to work done and services performed on or after 3 October
1988 and before 3 April 1989.
NOTES
1. Notified in the Commonwealth of Australia
Gazette on 31 March 1989.
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.
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