Family Law Rules (Amendment) (Cth)

Statutory Rules 1987

No. 2221

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 25 September 1987.

ELIZABETH EVATT

J. EDWARD ELLIS

H. C. EMERY

R. C. WOOD

ALAN J. BARBLETT

J. F. FOGARTY

K. A. MURRAY

T. McGOVERN

B. M. HOGAN

W. G. DOVEY

GRAHAM R. BELL

T. E. LINDENMAYER

JOSEPHINE M. MAXWELL

S. STRAUSS

J. GUN

H. R. FREDERICO

GEOFFERY I. WALSH

ADRIAN SMITHERS

ADRIAN COOK

G. J. F. YUILL

D. TONGE

W. B. TREYVAUD

G. E. LAMBERT

EDWARD BUTLER

P. F. UNDERHILL

E. R. BAKER

P. E. NYGH

PETER B. HASE

RICHARD W. GEE

D. BULBECK

____________________________________________________________________________________________________________

(S.R. 238/87)—Cat. No. 5/30.9.1987

N. J. BUCKLEY

J. S. PURDY

B. ROSS-JONES

JOHN R. WILCZEK

W. ROURKE

H. J. BURTON

J. V. KAY

GRAHAM MULLANE

I. W. P. McCALL

D. F. CONNOR

G. E. FERRIER

D. R. ANDERSON

A. GRAHAM

Judges of the Family

Court of Australia

W. JOHNSTON

Principal Registrar,

Family Court of Australia

ALAN J. BARBLETT

I. W. P. McCALL

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 by omitting subrule (1) and substituting the following subrule:

"(1) Subject to rule 6, the basic composite amount that an applicant may be charged for costs for undefended proceedings for a decree of dissolution of marriage is:

(a) where the solicitor employed another solicitor as agent to instruct counsel or to appear personally for the applicant:

(i) if there is a child of the marriage who had not attained the age of 18 years—$366; or

(ii) in any other case—$260; or

(b) where the solicitor did not so employ another solicitor:

(i) if there is a child of the marriage who had not attained the age of 18 years—$450; or

(ii) in any other case—$345.".

Schedule 2

2. Schedule 2 to the Family Law Rules is repealed and the following Schedule substituted:

SCHEDULE 2Order 38, rule 3

SCALE OF COSTS

Item	Matter in respect of which charge is made	Charge
$
1	Drawing documents
(a) court documents	20.40 per page
(b) other documents	7.00 per folio
2	Engrossing documents
(a) court documents	6.90 per page
(b) other documents	2.50 per folio
3	Drafting and typing
(a) short letter (up to one folio in length)	8.20
(b) circular letter (up to one folio in length)	4.10
(c) any other letter	9.80 for the first folio and $8.20 for each subsequent folio
4	Telephone attendance
(a) continuing up to 5 minutes	7.00
(b) continuing for more than 5 minutes	At the rate of $85.00 per hour
5	Perusal of documents
(a) court documents	9.60 per page
(b) other documents	3.30 per folio
6	Photographic reproduction, carbon or other copy of a document	0.84 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 $85.00 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 $46.00 per hour

Application

3. (1) The amendments effected by rule 1 apply in relation to proceedings commenced on or after 9 October 1987 and, notwithstanding those amendments, the provisions so amended continue to apply in relation to proceedings commenced on or after 11 May 1987 and before 9 October 1987 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 9 October 1987 and, notwithstanding its repeal, the Schedule repealed by that rule continues to apply in relation to work done and services performed on or after 11 May 1987 and before 9 October 1987.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 October 1987.

2. Statutory Rules 1984 No. 425 as amended to date. For previous amendments see Note 2 to Statutory Rules 1987 No. 15 and see also Statutory Rules 1987 Nos. 15 and 74.

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