EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 348
Issued by the authority of the Judges of the Family Court of Australia
AMENDMENT OF THE FAMILY LAW RULES
Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed in the Family Court and other courts exercising jurisdiction under the Family Law Act.
2. Subsection 123(2) of the Family Law Act provides that the sections 48, 48A, 48B, 49 and 50 of the Interpretation Act 1901 apply in relation to the Rules of Court as if references in those sections to regulations were references to Rules of Court.
3. The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed since then.
4. The amendments made by these Rules provide for an increase of 13.56% in fees that may be charged for work done in family law proceedings. The increase gives effect to the recommendations on solicitors’ costs contained in the Eighth Report of the Federal Costs Advisory Committee. The last increase in these costs was in April 1989.
Details of the provisions
Regulation 1 provides that the Rules commence on 5 November 1990.
Regulation 2 is a machinery provision.
Angulation 3 provides for increases in the amounts permitted to be charged under Order 38, Rule 4 which specifies the basic composite amounts that may be charged for costs for undefended proceedings for a decree of dissolution of marriage.
Regulation 4 provides for the replacement of the existing Costs Schedule with a new Costs Schedule revised in accordance with the recommendations of the Federal Costs Advisory Committee.
Regulation 5 is a transitional provision which provides that the previous Schedule continues to apply in relation to.
(a) proceedings commenced, and
(b) work done and services performed;
before these Rules come into force.