Trans-Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2) (Cth)
Trans‑Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2)
Select Legislative Instrument No. 284, 2012 as amended
made under the
Family Law Act 1975, Federal Circuit Court of Australia Act 1999 and Federal Court of Australia Act 1976
Compilation start date:
Includes amendments up to: SLI No. 51, 2013
Includes uncommenced provisions: see section 2
About this compilation
The compiled instrument
This is a compilation of the Trans-Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2) as amended. It includes any amendment affecting the compiled instrument.
This compilation was prepared on 9 July 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provision ceasing to have effect
If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.
Contents
1............ Name of regulation............................................................................. 1
2............ Commencement.................................................................................. 1
3............ Repeal................................................................................................. 1
4............ Amendment of Family Law (Fees) Regulation 2012......................... 1
5............ Amendment of Federal Court and Federal Magistrates Court Regulation 2012 1
Schedule 1—Amendments of Family Law (Fees) Regulation 2012 2
Schedule 2—Amendments of Federal Court and Federal Circuit Court Regulation 2012 4
Endnotes7
Endnote 1—Legislation history 7
Endnote 2—Amendment history 9
Endnote 3—Uncommenced amendments [none] 10
Endnote 4—Misdescribed amendments [none] 11
1 Name of regulation
This regulation is the Trans‑Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2).
2 Commencement
This regulation commences on the commencement of sections 3 to 110 of the Trans‑Tasman Proceedings Act 2010.
3 Repeal
The Trans‑Tasman Proceedings Legislation Amendment Regulation 2012 (No. 1) (Select Legislative Instrument 2012 No. 10) is repealed.
4 Amendment of Family Law (Fees) Regulation 2012
Schedule 1 amends the Family Law (Fees) Regulation 2012.
5 Amendment of Federal Court and Federal Magistrates Court Regulation 2012
Schedule 2 amends the Federal Court and Federal Magistrates Court Regulation 2012.
Schedule 1—Amendments of Family Law (Fees) Regulation 2012
(section 4)
[1] Section 1.03, definition of filing fee
omit
10
insert
10A
[2] Subsection 1.04 (1)
substitute
(1) This regulation applies to a fee for:
(a) a service requested, or the filing of a document lodged, under the Family Law Act on or after 1 January 2013; and
(b) the filing of an application lodged under the Trans‑Tasman Proceedings Act 2010 on or after the commencement of sections 3 to 110 of that Act.
[3] Subsection 2.04 (1)
omit
1 or 2
insert
1, 2 or 10A
[4] Paragraph 2.05 (1) (a)
omit
1 or 2
insert
1, 2 or 10A
[5] Schedule 1, item 4
substitute
| 4 | Filing an application for final orders in eligible financial or parenting proceedings, other than an application under the Trans‑Tasman Proceedings Act 2010 | $305 |
[6] Schedule 1, item 9
substitute
| 9 |
Filing of: (a) an interim order application; or (b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 10A |
$105 |
[7] Schedule 1, after item 10
insert
| 10A | Filing an application to register a New Zealand judgement under the Trans‑Tasman Proceedings Act 2010 | $95 |
Schedule 2—Amendments of Federal Court and Federal Circuit Court Regulation 2012
(section 5)
[1] Section 1.03, definition of filing fee
omit
115B and 201 to 214
insert
115C and 201 to 214A
[2] Subsection 2.05 (1)
after
in Schedule 1
insert
(other than the fee mentioned in item 115C or 214A of Schedule 1)
[3] Paragraph 2.06 (1) (a)
after
in Schedule 1
insert
(other than the fee mentioned in item 115C or 214A of Schedule 1)
[4] Subsection 2.11 (1)
after
filing fee
insert
(other than the fee mentioned in item 115C of Schedule 1)
[5] Subsection 2.11 (2)
after
filing fee
insert
(other than the fee mentioned in item 214A of Schedule 1)
[6] Schedule 1, item 101
substitute
| 101 |
Filing of a document by which a proceeding in the Federal Court is commenced, other than: (a) a proceeding or application mentioned in item 102 to 104, 112, 113 or 115 to 115B; or (b) an appeal from a judgement of a court; or (c) an application for leave or special leave to appeal; or (d) an incidental proceeding in the course of, or in connection with, a proceeding; or (e) an application under the Trans‑Tasman Proceedings Act 2010 |
(a) for a publicly listed company—$4,720 (b) for a corporation—$3,145 (c) in any other case—$1,080 |
[7] Schedule 1, item 111
substitute
| 111 |
Filing of: (a) an interlocutory application, other than an interlocutory application mentioned in another item; or (b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 115C |
(a) for a publicly listed company—$1,450 (b) for a corporation—$965 (c) in any other case—$395 |
[8] Schedule 1, after item 115B
insert
| 115C | Filing of an application to register a New Zealand judgement under the Trans‑Tasman Proceedings Act 2010 | $95 |
[9] Schedule 1, item 201
substitute
| 201 |
Filing of a document by which a proceeding in the Federal Magistrates Court seeking final orders is commenced, other than: (a) a proceeding mentioned in any of items 202, 204 to 206 and 208 to 214; or (b) an application under the Trans‑Tasman Proceedings Act 2010 |
(a) for a publicly listed company—$1,870 (b) for a corporation—$1,245 (c) in any other case—$515 |
[10] Schedule 1, item 204
substitute
| 204 |
Filing of: (a) a document seeking interlocutory, interim or procedural orders (other than a proceeding mentioned in item 202); or (b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 214A |
(a) for a publicly listed company—$1,125 (b) for a corporation—$750 (c) in any other case—$305 |
[11] Schedule 1, after item 214
insert
| 214A | Filing of an application to register a New Zealand judgement under the Trans‑Tasman Proceedings Act 2010 | $95 |
Endnotes
Endnote 1—Legislation history
This endnote sets out details of the legislation history of the Trans‑Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2).
| Number and year | FRLI registration date | Commencement date | Application, saving and transitional provisions |
| 284, 2012 | 11 Dec 2012 (see F2012L02412) | (see s. 2) | |
| 51, 2013 | 11 Apr 2013 (see F2013L00649) | Schedule 2 (item 2): (a) | — |
(a) Section 2 of the Federal Circuit Court of Australia Legislation (Consequential Amendments) Regulation 2013 (No. 1) provides as follows:
2 Each provision of this regulation 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 |
| Provision(s) | Commencement | Date/Details |
| 3. Schedule 2 | Immediately after the commencement of the Trans‑Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2). | 12 April 2013 |
Endnote 2—Amendment history
This endnote sets out the amendment history of the Trans‑Tasman Proceedings Legislation Amendment Regulation 2012 (No. 2).
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect | |
| Provision affected | How affected |
| Schedule 2 | |
| Heading to Schedule 2.......................................... | am. No. 51, 2013 |
Endnote 3—Uncommenced amendments [none]
There are no uncommenced amendments.
Endnote 4—Misdescribed amendments [none]
There are no misdescribed amendments.
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