Statutory Rules
1976 No. 213
REGULATIONS UNDER THE FAMILY LAW ACT 1975.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Family Law Act 1975.
Dated this thirtieth day of September, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
R. ELLICOTT
Attorney-General.
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Amendments of the Family Law Regulations †
Commencement.
1. These Regulations shall come into operation on 1 October 1976.
Fee in respect of proceedings for divorce or nullity.
2. After regulation 34 of the Family Law Regulations the following regulation is inserted:—
“ 34a, (1) Subject to sub-regulation (4), a court fee of $60 is payable in respect of proceedings for a decree of dissolution or of nullity of marriage.
“ (2) The court fee referred to in sub-regulation (1) is payable by the applicant at the time of filing the application.
“ (3) Except in a case to which sub-regulation (4) applies, the registrar of a court shall not accept an application for a decree of dissolution or of nullity of marriage for filing in the office of that court unless the fee referred to in sub-regulation (1) has been paid.
“ (4) The court fee referred to in sub-regulation (1) is not payable where the registrar of the court in the office of which the application is filed is satisfied—
(a) that the applicant has been granted, in relation to the proceedings, legal aid from a legal aid scheme or service approved by the Attorney-General; or
(b) that payment of the fee would impose substantial hardship on the applicant.”.
* Notified in the Australian Government Gazette on 30 September 1976.
Statutory Rules 1975, No. 210, as amended by Statutory Rules 1976, No. 97.
Right to be present.
3. Regulation 105 of the Family Law Regulations is amended by adding at the end thereof the following sub-regulation:—
“ (2) Any person is entitled to be present in court during the hearing of proceedings under sub-section 70 (6), section 108 or sub-section 114 (4) of the Act unless the court otherwise orders.".
Enforcement of certain decrees.
4. After regulation 139 of the Family Law Regulations the following regulation is inserted in Part XV:—
“ 139a. Where a person is taken into custody in pursuance of a warrant issued by a court exercising jurisdiction in proceedings under the Act directing that the person be taken into custody and brought before that court, any court having jurisdiction under the Act before whom that person is brought may direct that, pending the person being brought before, or otherwise attending before, the first-mentioned court or pending the disposal of the proceedings, as the case requires, he—
(a) be kept in custody; or
(b) be released—
(i) with security, in such manner and in such sum as the second-mentioned court determines, that he will attend before the first-mentioned court; or
(ii) without security.”.
Overview
Statutory Rules 1976 No. 213, the Family Law Regulations 1976, were introduced to provide specific operational details for the administration of family law in Australia, supplementing the broad provisions outlined in the Family Law Act 1975. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations were designed to ensure the effective implementation of the Act by detailing processes and procedures necessary for the administration of family law matters, including financial and procedural requirements for initiating divorce or nullity proceedings. The regulations aim to facilitate the smooth functioning of family law courts by establishing clear guidelines on court fees, the right to be present during specific proceedings, and the enforcement of certain decrees, thereby supporting the policy objective of providing a fair and accessible family law system.
Scope and Application
The Family Law Regulations 1976, made under the Family Law Act 1975, govern various aspects of family law proceedings within Australia, impacting individuals and entities involved in such matters. These regulations apply to all proceedings related to the dissolution or nullity of marriage, setting forth specific requirements such as the payment of court fees, the right to be present during certain hearings, and enforcement mechanisms for court orders. The regulations establish a $60 court fee for applications concerning divorce or nullity of marriage, with exceptions for applicants who receive legal aid or face substantial hardship. Additionally, they ensure that any person is entitled to attend court hearings unless otherwise ordered by the court. The enforcement provisions allow courts to direct the custody or release of individuals in compliance with court orders, providing mechanisms for ensuring adherence to court mandates. These regulations are applicable across Australia, extending the reach of the Family Law Act 1975 through subordinate instruments, and they do not specify exclusions or exemptions beyond the noted exceptions.
Key Provisions
The Regulations, which were made under the Family Law Act 1975, introduce specific provisions concerning court fees, the right to be present in court, and the enforcement of certain decrees. Regulation 34a requires a court fee of $60 for proceedings related to a decree of dissolution or nullity of marriage, which must be paid by the applicant at the time of filing the application. Exceptions to this fee are provided for applicants who have been granted legal aid or who would face substantial hardship if required to pay the fee. Regulation 105(2) grants any person the right to be present in court during specific types of proceedings unless the court orders otherwise. Regulation 139a allows any court having jurisdiction under the Act to direct the custody or release of a person taken into custody under a warrant issued by another court, pending the person's attendance or the disposal of the proceedings.
The Regulations impose certain obligations on parties and entities governed by them. Firstly, applicants for a decree of dissolution or nullity of marriage must pay the specified court fee, unless they qualify for an exception. Secondly, the registrar of a court is required to refuse to accept an application if the fee has not been paid, unless an exception applies. Thirdly, courts are obligated to allow the presence of any person in court during specified proceedings unless they order otherwise. Additionally, any court with jurisdiction under the Act is obliged to determine the custody or release of a person brought before it under a warrant issued by another court.
Breaches of the Regulations may result in various consequences. Failure to pay the court fee, without a valid exception, could result in the registrar refusing to accept the application, thereby delaying or preventing the initiation of proceedings. Additionally, any court that fails to adhere to the requirements regarding the presence of persons in court may be subject to legal scrutiny or challenge regarding the fairness and transparency of its proceedings. Under Regulation 139a, failure to comply with the directives of one court regarding the custody or release of a person brought before it under a warrant could lead to complications in the enforcement of decrees and the administration of justice. Specific penalties or consequences for non-compliance are not outlined in the Regulations, but they could include judicial review or other legal remedies available under the Family Law Act 1975.