EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 109
Minute No. of 2005 - Attorney-General
Subject - Federal Magistrates Act 1999
Federal Magistrates Amendment Regulations 2005 (No. 1)
Subsection 120(1) of the Federal Magistrates Act 1999 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or prescribing matters necessary or convenient to be prescribed for giving effect to the Act. In addition, paragraph 120(3)(a) of the Act relevantly provides that the regulations may make provision for or in relation to fees to be paid in respect of proceedings in the Federal Magistrates Court and in respect of the service or the execution of process in the Federal Magistrates Court by officers of the Federal Magistrates Court
The purpose of these Regulations is to increase the fee for filing an application for divorce in the Federal Magistrates Court from $288 to $334.
The Federal Magistrates Court was consulted on this policy initiative.
Details of the Regulations are set out in the Attachment.
The Act does not specify any conditions that need to be met before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations will commence on 1 July 2005.
Authority: Sub-section 120(1) of the
Federal Magistrates Act 1999
Attachment
Details of the amendments to the Federal Magistrates Amendment Regulations 2005 (No. 1)
Regulation 1 – Name of Regulations
Regulation 1 provides that the Regulations be called the Federal Magistrates Amendment Regulations 2005 (No. 1).
Regulation 2 – Commencement
Regulation 2 provides that the Federal Magistrates Amendment Regulations 2005 (No. 1) commence on 1 July 2005.
Regulation 3 – Amendment of Federal Magistrates Regulations 2000
Regulation 3 provides for the amendment of the Federal Magistrates Regulations 2000 (the Principal Regulations) as set out in Schedule 1.
Schedule 1 - Amendments
Previous Schedule 1 to the Principal Regulations specifies the fees applicable for matters in the Federal Magistrates Court.
Schedule 1 to the Regulations amends Schedule 1 to the Principal Regulations as follows:
Item 1 - Schedule 1, item 1
Item 1 inserts a reference to item 2A as a further exemption to the general filing fee.
Item 2 - Schedule 1, after item 2
Schedule 1, item 1 to the Principal Regulations provides that the filing fee for all matters, other than those listed in items 2 and 3 (filing applications under certain provisions of the Human Rights and Equal Opportunity Commission Act 1986 and Family Law Act 1975) shall be $576 for corporations and $288 in all other cases. This means that the filing fee for a divorce was formerly pursuant to schedule 1, item 1, namely $288.
Item 2 inserts a new item 2A in the Principal Regulations. New Item 2A provides that the fee for filing a document which commences a proceeding for a decree of dissolution of marriage in the Federal Magistrates Court is $334.
Overview
The Federal Magistrates Amendment Regulations 2005 (No. 1) were enacted to amend the Federal Magistrates Regulations 2000, specifically addressing the fee for filing an application for divorce in the Federal Magistrates Court. These regulations were introduced by the Governor-General under the authority granted by Subsection 120(1) of the Federal Magistrates Act 1999, which empowers the Governor-General to make regulations necessary to give effect to the Act. The policy objective of these regulations was to adjust the fee structure to better reflect the current economic climate and operational costs of the court, while maintaining accessibility to justice for those seeking divorce proceedings. The Federal Magistrates Court was consulted during the development of this policy initiative, ensuring that the fee changes were reasonable and practical. These regulations commenced on 1 July 2005, implementing the new fee of $334 for filing a divorce application in the Federal Magistrates Court.
Scope and Application
The Federal Magistrates Amendment Regulations 2005 (No. 1) amends the Federal Magistrates Regulations 2000 to increase the fee for filing an application for divorce in the Federal Magistrates Court from $288 to $334. The Federal Magistrates Act 1999 empowers the Governor-General to make regulations necessary for the operation of the Act, including those related to fees for court proceedings and processes. This specific regulation applies to individuals and entities seeking to file a divorce application within the Federal Magistrates Court, impacting their financial obligations when initiating such proceedings. The regulations have a national reach within Australia, affecting all federal jurisdictions under the Federal Magistrates Court. The regulations do not specify any exclusions, exemptions, or thresholds other than those already established in the Federal Magistrates Regulations 2000. The changes will come into effect on 1 July 2005, as outlined in the regulations themselves.
Key Provisions
The Federal Magistrates Amendment Regulations 2005 (No. 1) pertain to adjustments in the fee structure for filing applications in the Federal Magistrates Court. Specifically, Regulation 3 amends the Federal Magistrates Regulations 2000, setting forth new fee structures for various legal proceedings, including divorce applications. The primary amendment, detailed in Schedule 1, increases the filing fee for a divorce application from $288 to $334 (Regulation 3, Schedule 1, item 2A). This change is effective from 1 July 2005 (Regulation 2).
These regulations impose clear obligations on the parties involved in initiating divorce proceedings in the Federal Magistrates Court. The increased fee from $288 to $334 must be paid at the time of filing a divorce application. This obligation ensures that applicants comply with the financial requirements set forth in the amended regulations, facilitating the administrative process of the court. Additionally, the court and its officers are expected to enforce these fee changes, ensuring that all applications are accompanied by the correct fee as stipulated by the amended regulations.
Failure to comply with the fee requirements outlined in the regulations can result in legal consequences. While the explanatory statement does not explicitly detail penalties for non-compliance, it is reasonable to infer that the Federal Magistrates Court may refuse to process applications that do not meet the new fee requirements. In the broader context of the Federal Magistrates Act 1999, non-compliance with court regulations could potentially lead to administrative or legal actions against the defaulting party. The specifics of any penalties would typically be addressed in the Act or in associated court rules, which may include fines or other civil remedies for failure to adhere to prescribed fees and procedures.