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)
Overview
The Family Law Act 1975, along with the Family Law Regulations (Amendment) (Statutory Rules 1986 No. 140), was enacted to provide for the increase of costs payable to private solicitors who undertake work for legal aid bodies in family law matters. The purpose of these amendments was to address the gap in the existing scale of costs for legal aid matters, which had not been adjusted since it came into operation in 1983, despite a similar adjustment being made for non-legally aided matters in 1986. This legislative update aimed to align the remuneration for legal services in legally aided family law matters with the changes made in non-legally aided cases, ensuring fairness and consistency. The amendments were introduced by the Parliament of Australia and authorised by the Attorney-General, with the policy objective being to provide an appropriate adjustment to the costs payable to private solicitors to reflect the current economic conditions and the increased costs of providing legal services.
Scope and Application
The Family Law Act 1975, as amended by the Family Law Regulations (Amendment) (Statutory Rules 1986 No. 140), applies to private solicitors who are engaged by legal aid bodies, known as relevant authorities, to provide legal services in family law matters. These amendments pertain to the increase in the scale of costs payable to these solicitors for their work in cases where legal aid has been granted. The amendments introduce a 25% increase in two stages, aligning with a similar adjustment made for non-legally aided matters in the Family Law Rules. The increase affects the amounts payable to solicitors for various items of work, as specified in Schedules 1 and 2 of the regulations, which detail basic composite amounts and other work done. This adjustment aims to reflect changes in the economic conditions since the original scale of costs was established in 1983 and 1986, respectively. The amendments are applicable nationally, affecting all relevant authorities and solicitors across Australia. The regulations themselves detail specific timelines for the implementation of the two-stage increase, with the first stage taking effect from 1 July 1986 and the second stage from 1 September 1986.
Key Provisions
The Family Law Regulations (Amendment) (Statutory Rules 1986 No. 140) introduce two stages of increases to the costs payable to private solicitors who are engaged by legal aid bodies, referred to as relevant authorities, when providing legal assistance in family law matters. Regulation 2(1) stipulates that these amended regulations come into effect on 1 July 1986, while regulation 1(2) specifies that regulation 4 will take effect on 1 September 1986. The term "relevant authority" is defined consistently with its meaning in Part V of the Family Law Regulations. Regulation 3(1) and regulation 3(2) detail the first stage of the increase, applying to work done between 1 July 1986 and 31 August 1986, where adjusted amounts for specified items of work are substituted for the previously payable amounts as outlined in Schedules 1 and 2. Regulation 4(1) and regulation 4(2) detail the second stage of the increase, applicable to work done after 31 August 1986, where the amounts payable are further amended as per the specified schedules.
The obligations imposed by these regulations require relevant authorities to adjust the payments made to private solicitors in line with the new scale of costs. Specifically, for work done between 1 July 1986 and 31 August 1986, relevant authorities must adhere to the adjusted amounts outlined in Schedules 1 and 2 for basic composite amounts and other work, respectively. For work done after 31 August 1986, the amendments to the amounts payable as specified in Schedules 1 and 2 must be followed. This ensures that the new scale of costs is uniformly applied across all relevant matters and work items, maintaining consistency and fairness in the compensation provided to solicitors.
Under the Family Law Regulations (Amendment), there are no explicit provisions detailing offences, penalties, or civil/criminal consequences for non-compliance with the new cost structures. However, relevant authorities are legally obligated to adhere to the new payment schedules as stipulated. Failure to comply with these regulations could potentially lead to disputes or claims by solicitors for underpayment, as well as reputational and operational risks for the relevant authorities. While the regulations themselves do not specify penalties, the implications of non-compliance could result in legal action or disputes in the context of the broader Family Law Act 1975.