Family Law Regulations (Amendment) 1995 No. 419
EXPLANATORY STATEMENT
STATUTORY RULES 1995 No. 419
ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL
FAMILY LAW ACT 1975
FAMILY LAW REGULATIONS (AMENDMENT)
Paragraph 125(1)(c) of the Family Law 1975 (the Act) provides that the Governor-General may make regulations prescribing court fees to be payable in respect of proceedings under the Act.
Regulation 11 of the Family Law Regulations provides for that a fee court fee of $300 is payable in respect of proceedings for a decree of dissolution or of nullity of marriage.
Regulation 16 of the Family Law Regulations provides that a court fee of $500 is payable in respect of an appeal under section 94 of the Act.
These fees have not been increased since 1989. The purpose of the proposed Regulations is to increase these fees, in accordance with consumer price increases since 1989.
Details of the Regulations are as follows:
Regulation 1 - Commencement
Regulation 1 provides for the Regulations to commence on 1 January 1996.
Regulation 2 - Amendment
Regulation 2 provides for the Family Law Regulations to be amended as set out in these Regulations.
Regulation 3 - Regulation 11 (Fee in respect of proceedings for divorce or nullity)
Regulation 3 omits $300 and substitutes $368.
Regulation 4 - Regulation 16 (Fee in respect of appeals)
Regulation 4 omits $500 and substitutes $616.
These Regulations commence on 1 January 1996.
Overview
The Family Law Regulations (Amendment) 1995 No. 419, issued under the authority of the Attorney-General, aim to update the court fees prescribed under the Family Law Act 1975. This amendment was necessary to align the fees with consumer price increases that have occurred since the last update in 1989. The Family Law Regulations, which originally specified fees for proceedings such as decrees of dissolution or nullity of marriage and appeals, were deemed outdated. The objective of these amendments is to ensure the fees remain reflective of current economic conditions. The changes were enacted by the Australian Parliament and took effect on 1 January 1996.
Scope and Application
The Family Law Regulations (Amendment) 1995 No. 419 applies to individuals and entities involved in proceedings for a decree of dissolution or of nullity of marriage, as well as those involved in appeals under section 94 of the Family Law Act 1975. These regulations pertain to court fees payable in respect of such proceedings and appeals, which are integral to the administration of family law within Australia. The amendments made by these regulations adjust the previously set fees to reflect the consumer price index increases since 1989, ensuring that the fees remain current and commensurate with inflation. The jurisdictional reach of these regulations is national, aligning with the federal scope of the Family Law Act 1975. The amendments do not explicitly state any exclusions, exemptions, or thresholds other than the adjustment of specified court fees. The application of these regulations is direct and does not extend through subordinate instruments, as the changes are specific to the fees mentioned in the Family Law Regulations. These Regulations, which amend the existing fees, are set to commence on 1 January 1996.
Key Provisions
The Family Law Regulations (Amendment) 1995 No. 419, issued under the authority of the Attorney-General, make specific amendments to the Family Law Regulations. Regulation 1 establishes the commencement date of these regulations, which is 1 January 1996. Regulation 2 serves as a general amendment clause, updating the Family Law Regulations as specified in this document. Regulation 3 amends Regulation 11, which concerns the court fees for proceedings related to a decree of dissolution or nullity of marriage, by changing the fee from $300 to $368. Regulation 4 modifies Regulation 16, updating the fee for appeals under section 94 of the Family Law Act 1975 from $500 to $616.
These regulations impose specific financial obligations on individuals and entities involved in family law proceedings. Regulation 3 requires that the court fee for proceedings related to a decree of dissolution or nullity of marriage be increased to $368. Regulation 4 similarly mandates that the court fee for appeals be set at $616. These fees are payable as part of the legal process for these types of family law matters, ensuring that the courts are compensated appropriately for their services.
Breaching the provisions of these regulations could lead to civil or criminal consequences, although specific details on penalties are not provided in the explanatory statement. However, it is understood that failure to pay the updated fees as specified could result in legal repercussions, including potential fines or other enforcement actions. The maximum penalties for non-compliance are not explicitly stated in the explanatory statement but are likely to be in line with general legal practices and the specific provisions of the Family Law Act 1975. These consequences serve to ensure adherence to the updated fee structures, facilitating the efficient administration of family law matters.