EXPLANATORY STATEMENT
1987 No. 222
Rule 1 provides for increases in the basic composite amount chargeable for work involved in an undefended application for dissolution of marriage. The amount that may be charged has risen as follows:
(a) where the solicitor employed another solicitor as an agent -
(i) if there is a child of the marriage under 18 from $357 to 366; or
(ii) in any other case from $336 to $345.
Rule 2 provides for the repeal of the former Schedule 2 “Scale of Costs” to the Family Law Rules and its replacement with a new Schedule 2 “Scale of Costs”. This effects an increase in costs allowable for legal work in Family Law matters.
Rule 3 provides for a commencement date of 9 October 1987. Proceedings of the kind referred to in Rule 1 will attract the new fees after that date. Work done of the kind referred to in Rule 2 will attract the new fee after that date.
Overview
The Family Law Rules 1987 (C2004L02207) were enacted by the Australian Parliament to address the need for updated financial regulations within the family law context, specifically concerning the dissolution of marriage. This legislative instrument introduced amendments to the Family Law Rules 1987, primarily focusing on the fees charged for legal services in undefended applications for the dissolution of marriage. It also replaced the former "Scale of Costs" with a new one, aiming to adjust the costs allowable for legal work in Family Law matters. The policy objective behind these amendments was to ensure that the fees for legal services reflected the current economic conditions and the complexity of family law proceedings, thereby providing a more accurate financial framework for legal practitioners and parties involved in these matters.
Scope and Application
The C2004L02207 Act, specifically Rule 1, pertains to the adjustments in the basic composite charge for work involved in an undefended application for the dissolution of marriage in Australia. This rule applies to solicitors and their agents who are engaged in such legal proceedings, particularly those involving children under the age of 18. The Act sets new fee structures, raising the charge from $357 to $366 for cases with children under 18, and from $336 to $345 for other cases. Rule 2 addresses the replacement of the previous Schedule 2 "Scale of Costs" with a new one, which increases the allowable costs for legal work in Family Law matters. The changes are effective from 9 October 1987, meaning that any undefended applications and related work done after this date will be subject to the new fees. The Act is applicable across Australia and does not specify any exclusions or exemptions, thereby applying broadly to all relevant cases within the Family Law jurisdiction. The scope of the Act is extended through its subordinate instruments, which detail the specific costs and charges associated with various aspects of the legal process.
Key Provisions
The primary operative sections of the C2004L02207 legislation pertain to adjustments in the fees associated with legal work involved in undefended applications for the dissolution of marriage, as well as the replacement and increase of allowable costs for Family Law matters. Under Rule 1(a)(i), the basic composite amount chargeable for work in cases where there is a child under 18 years of age has increased from $357 to $366. Conversely, for cases without children under 18, the chargeable amount has been raised from $336 to $345. This rule specifies that these new fee structures apply to proceedings occurring after the commencement date of 9 October 1987. Rule 2 addresses the replacement of the former Schedule 2 “Scale of Costs” with a new Schedule 2, which increases the allowable costs for legal work in Family Law matters. The new fees outlined in Rule 2 also become effective from the same commencement date.
The legislation imposes several obligations and requirements on the parties and entities it governs. Legal practitioners involved in undefended applications for the dissolution of marriage must adhere to the new fee structures outlined in Rule 1. This means that for cases involving a child under 18, the chargeable amount must be set at $366, and for cases without such a child, the chargeable amount must be set at $345. Additionally, legal practitioners must ensure that any work completed in Family Law matters after the commencement date is billed according to the new allowable costs specified in the updated Schedule 2. This includes ensuring that any documentation and billing accurately reflect these changes to comply with the legislation.
Failure to comply with the provisions of this legislation may result in various civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of the updated fee structures and allowable costs could potentially lead to legal disputes, financial penalties, or other enforcement actions. Given that the legislation is part of the family law framework, non-compliance could also affect the administration of justice and the financial settlements of affected parties. It is essential for legal practitioners to be fully aware of these changes and to ensure their billing practices are in line with the requirements to avoid any adverse legal or financial repercussions.