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J. Schedule 2, which contains the rates applicable for work done between 1 August 1980 and 1 November 1982, is not repealed, in order to facilitate calculation of charges for that work.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)
Overview
The Family Law Regulations (Amendment) (Statutory Rules 1982 No. 295), enacted to give effect to the recommendations of the Inquiry into Costs under the Family Law Act 1975, were introduced to address the need for an update in the fees charged by solicitors for services related to family law matters. These amendments were prompted by the Honourable Mr Justice Williams' Inquiry Report, which recommended a 20% increase in costs, reflecting the need for adjustments following the last revision in 1980. The regulations were enacted by the Parliament of Australia, with the policy objective of ensuring that the fees charged for family law services remain equitable and reflective of the current economic conditions. The changes are designed to provide clarity and consistency in fee structures, ensuring that fees are applied correctly based on the timing of the legal work performed.
Scope and Application
The Family Law Regulations (Amendment) (Statutory Rules 1982 No. 295) apply to the costs that may be charged by solicitors for parties seeking relief under the Family Law Act 1975. The amendments aim to implement the recommendations from an Inquiry into Costs under the Family Law Act, which suggested a general increase of 20% in the fees that solicitors can charge. These regulations are relevant to anyone involved in family law matters who engages the services of a solicitor, thereby affecting the financial arrangements between clients and their legal representatives. The changes have a national reach as they amend the Family Law Regulations, which are applicable across Australia. The regulations do not specify exclusions or exemptions, and apply to all proceedings unless explicitly stated otherwise. Subordinate instruments may further extend or restrict the application of these amendments, ensuring that they are effectively implemented and adapted as necessary.
Key Provisions
The Family Law Regulations (Amendment) (Statutory Rules 1982 No. 295) implement the recommendations of the Inquiry into Costs under the Family Law Act 1975, as directed by the Honourable Mr Justice Williams. This amendment primarily affects the fees charged by solicitors for parties seeking relief under the Family Law Act. The key operative sections include Regulation 1, which modifies Regulation 172A, and Regulation 2, which replaces Regulation 179, both with the aim of transitioning to the new fee structure. Regulation 3 introduces Schedule 3, containing the adjusted rates recommended by Justice Williams.
These regulations impose obligations on legal practitioners by setting specific rates for legal fees applicable to work done at various stages. For instance, Regulation 1 ensures that work done between 1 August 1980 and 1 November 1982 is charged at the pre-amended rates, while work done on and after 1 November 1982 must be charged at the new rates. Regulation 2 provides a transitional measure, ensuring that proceedings instituted before 1 August 1980 are still governed by the pre-amended rates. Schedule 3, introduced by Regulation 3, contains the new rates recommended by Justice Williams, which must be applied to proceedings instituted on and after 1 November 1982.
Breach of these regulations could potentially lead to disputes regarding the applicable fee rates, but the legislation itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. Instead, any legal disputes would likely be resolved within the context of contractual or professional misconduct proceedings. The new rates are designed to reflect the updated cost of providing legal services, and adherence to these rates is essential for maintaining the integrity of the legal fee structure under the Family Law Act.