Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022 (Cth)

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022

I, The Honourable William Alstergren, Chief Judge of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.

Dated 23 December 2022

The Honourable William Alstergren

Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)

Contents

1Name

These Rules are the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022.

2Commencement

1. (1)

   Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Rules 1 to 4 and anything in these Rules not elsewhere covered by this table	The day after these Rules are registered.	4 January 2023
2. Schedule 1, Part 1	The day after these Rules are registered.	4 January 2023
3. Schedule 1, Part 2	1 January 2023.	1 January 2023

Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

1. (2)

   Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3Authority

These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.

4Schedules

Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1—Amendments

Part 1—Transfer of proceedings

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

1

Subrules 8.02(1), (2) and (3)

Repeal the subrules, substitute:

1. (1)

   Unless the Court otherwise orders, an application under paragraph 153(2)(a) of the Act to transfer a proceeding from the Court to the Federal Court must:

   1. (a)

      be made on or before the first court date for the proceeding; and

   2. (b)

      be included in an application or a response in accordance with the approved form; and

   3. (c)

      be supported by an affidavit.

   Note: Subsection 153(1) of the Act provides that the Court may, by order, transfer a proceeding that is pending in the Court and is not a family law or child support proceeding to the Federal Court. Subsection 153(2) of the Act provides that the Court may transfer the proceeding on the application of a party to the proceeding or on its own initiative.

2

At the end of rule 8.02

Add:

1. (5)

   Before the Court makes an order under subsection 153(1) of the Act transferring a proceeding from the Court to the Federal Court:

   1. (a)

      the Court must consult the Chief Judge of the Court in relation to the proposed transfer; and

   2. (b)

      the Chief Judge of the Court must consult the Chief Justice of the Federal Court, or a delegate of the Chief Justice of the Federal Court, in relation to the proposed transfer.

2. (6)

   A failure to comply with this rule in relation to a proposed transfer of a proceeding under subsection 153(1) of the Act does not affect the validity of an order made under that subsection transferring the proceeding.

Part 2Costs

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021

3

Schedule 2

Repeal the Schedule, substitute:

Schedule 2—Costs

Note: See rules 22.09, 22.15 and 29.13.

Part 1A—Application of this Schedule

1Application of this Schedule

This Schedule, as substituted by the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Amendment (2022 Measures No. 1) Rules 2022, applies to work done or services performed on or after 1 January 2023.

Part 1—General federal law proceedings other than migration proceedings

Costs for general federal law proceedings other than migration proceedings
Item	Description	Amount (including GST)
1	Initiating or opposing an application up to the completion of the first court date	Both: (a) $3,354.70; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
2	Initiating or opposing an application which includes interim orders (other than procedural orders) up to the completion of the first court date	Both: (a) $4,197.91; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
3	Interim or summary hearing—as a discrete event Note: This stage applies to an interim application or a summary proceeding of a type not otherwise addressed in this fee structure. It does not include the item 1 or 2 component.	Both: (a) $2,093.62; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
4	Dispute resolution litigation intervention	$3,517.80
5	Preparation for final hearing—one day matter	$7,543.02
6	Preparation for final hearing—2 day matter	$11,335.84
7	Preparation for final hearing—each additional hearing day after the second hearing day	$2,384.64
8	Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders	Both: (a) $342.19; and (b) the daily hearing fee mentioned in item 9 that applies to the hearing
9	Daily hearing fee	(a) for a short mention—$342.19; or (b) for a half day hearing—$1,255.75; or (c) for a full day hearing—$2,512.56
10	Advocacy loading	50% of the daily hearing fee mentioned in item 9 that applies to the hearing
11	Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred	The amount of the fees and payments
12	Disbursements—photocopying for each page	$0.86
13	Agents’ fees and travelling costs Note: For 2 or more hours travel.	$706.76

Part 2—Migration proceedings

Division 1—Migration proceedings that have concluded

Costs for migration proceedings that have concluded
Item	Description	Amount (including GST)
1	A proceeding concluded at or before the first court date for the proceeding	$1,675.75
2	A proceeding concluded: (a) after the first court date for the proceeding; and (b) at or before an interlocutory hearing	$4,189.38
3	A proceeding concluded at a final hearing	$8,371.30

Division 2—Migration proceedings that have been discontinued

Costs for migration proceedings that have been discontinued
Item	Description	Amount (including GST)
1	A proceeding in which the notice of discontinuance is filed and served at least 14 days before the first court date for the proceeding	$833.61
2	A proceeding in which the notice of discontinuance is filed and served: (a) less than 14 days before the first court date for the proceeding; and (b) at least 15 days before an interlocutory hearing	$2,089.36
3	A proceeding in which the notice of discontinuance is filed and served: (a) less than 15 days before an interlocutory hearing; and (b) at least 15 days before the final hearing	$4,189.38
4	Any other case	$5,859.80