Statutory
Rules 1987 No. 741
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
30 April 1987.
ELIZABETH EVATT
J. EDWARD ELLIS
R. C. WOOD
W. S. SIMPSON
ALAN J. BARBLETT
J. F. FOGARTY
K. A. MURRAY
T. McGOVERN
MARGARET LUSINK
B. M. HOGAN
W. G. DOVEY
GRAHAM R. BELL
T. E. LINDENMAYER
B. ROSS-JONES
T. R. JOSKE
S. STRAUSS
J. GUN
H. R. FREDERICO
ADRIAN SMITHERS
ADRIAN COOK
G. YUILL
R. J.
BULLEY
D. TONGE
W. B. TREYVAUD
G. E. LAMBERT
EDWARD BUTLER
P. F. UNDERHILL
E. R. BAKER
P. E. NYGH
PETER B. HASE
JOHN ELLIOT
(S.R.
80/87)—Cat. No.
4/1.5.1987
RICHARD W. GEE
D. BULBECK
N. J. BUCKLEY
M. E. RENAUD
JAMES BARRY
J. S. PURDY
RODNEY N. PURVIS
JOHN R. WILCZEK
W. ROURKE
H. J. BURTON
J. V. KAY
GRAHAM MULLANE
MARY JANE LAWRIE
Judges of the Family
Court of
Australia
W. JOHNSTON
Acting Principal Registrar,
Family Court of Australia
ALAN J. BARBLETT
I. W. P. McCALL
D. F. CONNER
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 paragraphs (1) (a) and (b)
and substituting the following paragraphs:
“(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—$357; or
(ii) in any other
case—$253; 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—$439;
or
(ii) in any other case—$336.”.
Rate of interest
2. Rule 1 of Order
40 of the Family Law Rules is amended by omitting “10 per centum” and
substituting “15%”.
Schedule 2
3. Schedule 2 to
the Family Law Rules is repealed and the following Schedule substituted:
SCHEDULE
2 Order 38, rule 3
SCALE OF COSTS
Item | Matter in respect of which charge is made | Charge |
$ |
1 | Drawing documents |
(a) court documents..........................................................
| 19.90 per page |
(b) other documents..........................................................
| 6.90 per folio
|
2 | Engrossing documents |
(a) court documents..........................................................
| 6.70 per page
|
(b) other documents..........................................................
| 2.40 per folio
|
3 | Drafting and typing |
(a) short letter (up to one folio in length)..........................
| 8.00
|
(b) circular letter (up to one folio in length).....................
| 4.00
|
(c) any other letter.............................................................
| 9.60 for the first folio and $8.00 for each subsequent folio
|
4 | Telephone attendance |
(a) continuing up to 5 minutes..........................................
| 6.80
|
(b) continuing for more than 5 minutes............................
| At the rate
of $83.00 per hour
|
5 | Perusal of documents |
(a) court documents..........................................................
| 9.40 per page
|
(b) other documents..........................................................
| 3.20 per folio
|
6 | Photographic reproduction, carbon or other copy of
a document | 0.82 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
$83.00 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
$45.00 per hour
|
Application
4. (1)The
amendments effected by rule 1 apply to and in relation to proceedings commenced
on or after 11 May 1987 and, notwithstanding those amendments, the
provisions so amended continue to apply to and in relation to proceedings
commenced on or after 9 February 1987 and before 11 May 1987 as if those
provisions had not been amended.
(2) The Schedule substituted by rule 3 applies to and in relation to
work done and services performed on or after 11 May 1987 and, notwithstanding
its repeal, the Schedule repealed by that Rule continues to apply to and in
relation to work done and services performed on or after 9 February 1987 and
before 11 May 1987.
NOTES
1. Notified in the
Commonwealth of Australia Gazette on 8 May 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 No. 15.
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