EXPLANATORY STATEMENT
Family Law Act 1975
Family Law Regulations (Amendment)
(Statutory Rules 1982 No. 244)
The purpose of the amendments to the regulations is to give effect to a decision to increase the court fees payable in the Family Court by 25%, in light of similar increases to fees in other Federal courts. Fees in the Family Court have not risen since 1977, which is a reduction in real terms of 32%.
Regulation 1 - This regulation sets 4 October 1982 as the date from which the increased fees are to apply.
Regulation 2 - This regulation increases the fee payable by an applicant on filing an application for a decree of dissolution or of nullity of marriage from $100 to $125, by amending sub-regulation 34A(1).
Regulation 3 - This regulation increases the fee payable in respect of an appeal under s.94 of the Family Law Act from $150 to $190, by amending sub-regulation 120A(1).
(Authorised by the Attorney-General)
Overview
The Family Law Regulations (Amendment) (Statutory Rules 1982 No. 244) were introduced as an amendment to the Family Law Regulations 1982, to adjust court fees within the Family Court in alignment with the increases observed in other Federal courts. The Family Law Act 1975, enacted by the Parliament of Australia, governs the legal proceedings related to family law in Australia. The amendments were prompted by the need to address the disparity in fee structures within the Family Court, which had not been updated since 1977, resulting in a 32% reduction in real terms. The policy objective is to ensure the Family Court fees remain competitive and reflective of the current economic context.
The amendments establish a new fee structure effective from 4 October 1982, increasing the application fee for a decree of dissolution or nullity of marriage from $100 to $125, and the appeal fee under section 94 of the Family Law Act from $150 to $190. These changes aim to maintain the financial viability and integrity of the Family Court system, ensuring it can continue to function effectively within the broader judicial framework.
Scope and Application
The Family Law Regulations (Amendment) (Statutory Rules 1982 No. 244) are amendments to the Family Law Regulations 1984, which provide the detailed rules for the administration of the Family Law Act 1975. These amendments apply to all individuals and entities required to pay fees for services provided by the Family Court of Australia. The regulations affect those who file applications for decrees of dissolution or nullity of marriage, as well as those who lodge appeals under section 94 of the Family Law Act. The amendments extend to the entire Commonwealth of Australia and are applicable from 4 October 1982, as specified in Regulation 1. The amendments do not exclude or exempt any particular persons or entities from the increased fees; they apply universally to all cases filed on or after the specified date. The amendments are made to address the disparity in fee increases between the Family Court and other Federal courts, which have seen recent increases in their respective fees. The amendments do not contain any specific exclusions or exemptions, and the fee increases apply to all applicable filings and appeals without exception.
Key Provisions
The Family Law Regulations (Amendment) (Statutory Rules 1982 No. 244) introduce key changes to the Family Law Act 1975, primarily focusing on the adjustment of court fees. Regulation 1 specifies that the amendments will come into effect from 4 October 1982. Regulation 2 increases the filing fee for an application for a decree of dissolution or nullity of marriage from $100 to $125, as per sub-regulation 34A(1). Regulation 3 raises the fee for an appeal under section 94 of the Family Law Act from $150 to $190, as amended by sub-regulation 120A(1).
These amendments impose specific financial obligations on parties seeking legal recourse within the Family Court. For instance, applicants filing for a decree of dissolution or nullity of marriage must now pay $125 instead of $100, reflecting a 25% increase. Similarly, those appealing a decision under section 94 of the Family Law Act will need to pay $190 instead of $150, also reflecting a 25% increase. The changes necessitate that applicants and appellants are aware of and prepared for these adjustments to avoid any delays or additional costs.
The legislation does not explicitly outline penalties or consequences for failing to meet these new fee requirements. However, it is implied that non-compliance or insufficient payment could result in delays or dismissals of applications or appeals. The amendments are designed to bring Family Court fees in line with other Federal courts, thereby ensuring a consistent fee structure across different legal jurisdictions. This alignment aims to maintain the financial integrity and operational efficiency of the Family Court system.