EXPLANATORY STATEMENT
Family Law Rules
Family Law Rules (Amendment)
Statutory Rules No 74 of 1987
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. 4 of 1987 which operate from 11 May 1987. The statutory Rules amend the Family Law Rules to increase by 2.8% 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 2.8% increase is consistent with the Report of the Federal Costs Advisory Committee delivered on 10 March 1987 which recommended an increase of this level for solicitors costs in family law matters.
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 $347 to 357; or
(ii) in any other case from $246 to $253.
(b) Where the solicitor did not so employ another solicitor-
(i) if there is a child of the marriage under 18 from $427 to 439; or
(ii) in any other case from $327 to 336.
Rule 2 amends Order 40 rule 1 of the current Rules to vary interest attracted on amounts of moneys to be paid pursuant to Family Court orders from 10 per cent per annum to 15 per cent per annum.
Rule 3 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 4 provides for a commencement date of 11 May 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 3 will attract the new fee after that date.
EXPLANATORY STATEMENT
FAMILY LAW ACT 1975
FAMILY LAW RULES
(Statutory Rules No. 74 of 1987)