EXPLANATORY STATEMENT
Family Law Act
Family Law Rules (Amendment)
Statutory Rules No. 6 of 1986
Section 123 of the Family Law Act (the Act) enables the Judges of the Family Court of Australia and the Family Court of Western Australia to make Rules of Court providing, amongst other things, for and in relation to all matters necessary or convenient to be prescribed for the conduct of any business in Courts exercising jurisdiction under the Act, including prescribing matters relating to the costs of proceedings.
A majority of those Judges have made Statutory Rules No. 6 of 1986 which operate from 3 February 1986. The Statutory Rules amend the Family Law Rules to increase by 25.25% the costs solicitors may, subject to an agreement between solicitors and their clients to the contrary, charge for proceedings under the Act.
Although the Judges of the Family Courts have the power under section 123 of the Act to make Rules on these matters, the 25.25% increase is consistent with the first Report of the Federal Costs Advisory Committee delivered on 18 October 1985, which recommended an increase of this level for solicitors costs in family law matters.
The Family Court solicitors costs scale was last increased (by 20%) in 1982.