EXPLANATORY STATEMENT
Family Law Act 1975
Family Law Regulations (Amendment)
(Statutory Rules 1982 No. 295)
The purpose of the amendments to the regulations is to give effect to the recommendations of an Inquiry into Costs under the Family Law Act conducted by the Honourable Mr Justice Williams. The Report of the Inquiry, handed down on 16 August 1982, recommended a general 20% increase in costs which may be charged by solicitors for parties seeking relief under the Family Law Act. The last increase in costs came into effect on 1 August 1980.
Regulation 1
This regulation amends Regulation 172A of the Family Law Regulations. Regulation 172A is a transitional provision inserted when the last change in costs was made in 1980. Its effect was to apply the then amended rates to any work done after 1 August 1980, except for proceedings instituted, or which should have been instituted, before that date, in which proceedings the “basic composite fee” was to be calculated at the rate applicable before that date.
The effect of the amendment to Regulation 172A is to provide that work may only be charged at the rate applicable when the work was done. Thus, for work done between 1 August 1980 and 1 November 1982, the rates applicable are those that were in force before this amendment. On and after 1 November 1982 the new rates will apply. The “basic composite fee” which may be charged for proceedings instituted, or which should have been instituted, before 1 August 1980 will, however, still be that applicable before that date.
Regulation 2
This regulation replaces Regulation 179 of the Family Law Regulations with a new Regulation 179. It is again a transitional provision, in this case providing that the new rates will apply to any work done on and after 1 November 1982, except for proceedings instituted, or which should have been instituted, before that date, in which proceedings the “basic composite fee” is to be calculated at the rate applicable before that date.
Regulation 3
This regulation inserts Schedule 3 at the end of the Family Law Regulations. This Schedule contains the adjusted rates as recommended by Williams J. Schedule 2, which contains the rates applicable for work done between 1 August 1980 and 1 November 1982, is not repealed, in order to facilitate calculation of charges for that work.
(Authorised by the Minister of State for Communications for and on behalf of the Attorney-General)