EXPLANATORY STATEMENT
Family Law Act 1975
Family Law Regulations (Amendment)
(Statutory Rules 1986 No. 140)
The purpose of the amendments to the regulations is to give effect to a decision to increase the amounts payable to private solicitors acting in matters referred to them by legal aid bodies (“relevant authorities”) when grants of legal assistance have been made. The increase of 25%, which is made in two stages, is the first increase made to the scale of costs, contained in Part V of the Family Law Regulations, since the scale came into operation on 1 November 1983. The increase is in line with a similar increase made to the scale of costs applicable in non-legally aided matters, contained in the Family Law Rules, which became effective on 3 February 1986.
Details of the regulations are set out below.
Sub-regulation 1(1) provides that regulations 2 and 3 come into operation on 1 July 1986.
Sub-regulation 1(2) provides that regulation 4 comes into operation on 1 September 1986.
Regulation 2 provides that the term “relevant authority” has the same meaning as in Part V of the Regulations.
Regulation 3 provides for the first stage of the increase, in the form of an adjustment to the amounts that are currently payable by relevant authorities.
Sub-regulation 3(1) provides that, in respect of work done in relation to a matter that is referred by a relevant authority to a solicitor during the period commencing on 1 July 1986 and ending at the expiration of 31 August 1986, the adjusted amount payable in respect of an item of work, as specified in Column 4 of Schedule 1, is substituted in lieu of the amount currently payable in respect of that item, as specified in Column 3 of Schedule 1. The items set out in Schedule 1 relate to basic composite amounts.
Sub-regulation 3(2) provides that, in respect of work done by a solicitor during the period commencing on 1 July 1986 and ending at the expiration of 31 August 1986 in relation to a matter that has been referred by a relevant authority to a solicitor, the adjusted amount payable in respect of an item
of work, as specified in Column 4 of Schedule 2, is substituted in lieu of the amount currently payable in respect of that item, as specified in Column 3 of Schedule 2. The items set out in Schedule 2 relate to work done other than that work covered by a basic composite amount.
Regulation 4 provides for the second stage of the increase, by amending the amounts that are currently payable by relevant authorities.
Sub-regulation 4(1) provides that the amounts currently payable in respect of items of work specified in Column 3 of Schedule 1 are amended by omitting those amounts and the amounts specified in Column 5 of Schedule 1 are substituted in respect of those items.
Sub-regulation 4(2) provides that the amounts currently payable in respect of items of work specified in Column 3 of Schedule 2 are amended by omitting those amounts and substituting the amounts specified in Column 5 of Schedule 2 in respect of those items.
Sub-regulation 4(3) provides that the amendments effected by sub-regulation 4(1) apply to matters referred by a relevant authority to a solicitor after 31 August 1986.
Sub-regulation 4(4) provides that the amendments effected by sub-regulation 4(2) apply to work done by a solicitor after 31 August 1986 in relation to a matter referred by a relevant authority to the solicitor.
Schedule 1 contains the items of work and the respective amounts payable in respect of each item that are referred to in sub-regulations 3(1) and 4(1).
Schedule 2 contains the items of work and the respective amounts payable in respect of each item that are referred to in sub-regulations 3(2) and 4(2).
(Authorised by the
Attorney-General)