Family Court Act 1997
Family Court Regulations 1998
Reprint 3: The regulations as at 15 January 2016
Guide for using this reprint
What the reprint includes
Regulations as published legislative amendments changes under the this reprint
Reprints Act 1984
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
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1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Family Court Regulations 1998
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — General
4.Dispensing with compliance with these regulations4
5.Court registry4
6.Fees of Marshal4
7.Recording and transcripts of proceedings4
8.Family Law Regulations Part 5 adopted4
9.Family Law Regulation 8A adopted (Act s. 65D)5
10.Matters prescribed (Act s. 66H(7)(b))5
11.Registration of court decision (Act s. 176(6))5
12.Government agencies prescribed (Act s. 202K)6
13.Third party expenses (Act s. 205ZLK)6
14F.Pensions, allowances, benefits prescribed (Act s. 205T)6
15.Parentage testing procedures6
16.Parentage testing reports7
17.Registration in a court of orders etc. made by another court7
Part 3 — Court fees
Division 1 — Preliminary
18.Terms used8
Division 2 — Fees — general
19.Fees (Sch. 1)9
Division 3 — Liability to pay fee
20.Persons liable to pay fee10
Division 4 — Exemptions from liability to pay fee
21A.Persons exempt from paying fee: general11
21B.Persons exempt from paying fee: financial hardship12
Division 5 — When fee is not payable
21C.Fee not payable by liable person if already paid12
21D.Proceedings in which fee not payable13
Division 6 — Payment of fees
21E.When fee must be paid14
21F.Deferral of payment of fees15
21G.What happens if fee not paid16
Division 7 — Miscellaneous
21H.Refund of fee17
21I.Biennial increase in fees19
21J.Recovery of fees due20
Part 4 — Review
21.Review of decisions under these regulations21
Part 5 — Transitional provisions
22A.Terms used22
22.Transitional provisions relating to Family Court Amendment Regulations 201122
23.Transitional provisions relating to Family Court Amendment Regulations 201223
24.Transitional provisions relating to Family Court Amendment Regulations (No. 3) 201523
Schedule 1 — Fees
Notes
Compilation table27
Defined terms
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Western Australia
Family Court Act 1997
Family Court Regulations 1998
[Heading inserted in Gazette 13 May 2011 p. 1738.]
These regulations may be cited as the Family Court Regulations 1998 1.
(1)In these regulations, unless the contrary intention appears —
authorised officer, in relation to a power or function, means —
(a)in relation to the Family Court of Western Australia — an officer of that Court authorised by the Principal Registrar of that Court, or the executive manager appointed under section 25(1)(c), to exercise the power or carry out the function; or
(b)in relation to the Magistrates Court — an officer of that court authorised by the Principal Registrar, or a registrar, of that court to exercise the power or carry out the function;
court has the meaning referred to in section 8;
Family Law Regulations means the Family Law Regulations 1984 of the Commonwealth;
Family Law Rules means the Family Law Rules 2004 of the Commonwealth;
section means section of the Act.
(2)A reference in a Family Law Regulation adopted or applied under these regulations —
(a)to the Family Court is to be treated as a reference to the Family Court of Western Australia; and
(b)to a registrar is to be treated as a reference to a registrar of the Family Court of Western Australia; and
(c)to a Registry of the Family Court is to be treated as a reference to the registry of the Family Court of Western Australia; and
(d)to a form in a Schedule of the Family Law Regulations or the Family Law Rules is to be treated as a reference to the form with the appropriate modifications for the purposes of the Act; and
(e)to a Part, Division, section, Schedule or other provision of the Family Law Act is to be treated as a reference to the provision of the Family Court Act 1997 with which the provision is comparable; and
(f)to the Act is to be treated as a reference to the Family Court Act 1997; and
(g)to Part VIII is to be treated as a reference to Part 5A.
(3)Subject to this regulation, a Family Law Regulation adopted or applied under these regulations is adopted or applied in the form in which it is in force from time to time.
[Regulation 3 amended in Gazette 29 Nov 2002 p. 5663-4; 14 Jul 2006 p. 2561; 13 May 2011 p. 1738; 14 Dec 2012 p. 6235-6.]
[Heading inserted in Gazette 13 May 2011 p. 1738.]
4.Dispensing with compliance with these regulations
A court may dispense with compliance with any requirement of these regulations, either before or after the occasion for compliance has arisen.
The registry of the Family Court is to be in
The fees payable to the Marshal are to be in accordance with Part III of the Fifth Schedule 2 to the Rules of the Supreme Court 1971.
7.Recording and transcripts of proceedings
(1)All proceedings in a court are, where practicable, to be fully recorded.
(2)A record of proceedings need be transcribed only where a court or a registrar so orders or directs.
(3)A party to proceedings may request a copy of a transcript of the proceedings.
(4)A fee is payable by a person who makes a request under subregulation (3) of an amount equal to the actual cost to the court of transcribing the record of proceedings.
[Regulation 7 amended in Gazette 13 May 2011 p. 1738.]
8.Family Law Regulations Part 5 adopted
Part 5 of the Family Law Regulations is adopted.
[Regulation 8 inserted in Gazette 14 Jul 2006 p. 2561.]
[8A.Deleted in Gazette 14 Jul 2006 p. 2561.]
9.Family Law Regulation 8A adopted (Act s. 65D)
Family Law Regulation 8A is adopted for the purposes of section 65D.
[Regulation 9 inserted in Gazette 14 Jul 2006 p. 2561; amended in Gazette 10 Jul 2015 p. 2780.]
10.Matters prescribed (Act s. 66H(7)(b))
Before giving a certificate under section 66H(7)(b) a family law dispute resolution practitioner is to have regard to the following matters —
(a)a history of family violence among the parties;
(b)the likely safety of the parties;
(c)the equality of bargaining power among the parties (for example, whether a party is economically or linguistically disadvantaged in comparison with another party);
(d)the risk that a child may suffer abuse;
(e)the emotional, psychological and physical health of the parties;
(f)any other matter that the family dispute resolution practitioner considers relevant.
[Regulation 10 inserted in Gazette 14 Jul 2006 p. 2562.]
11.Registration of court decision (Act s. 176(6))
Family Law Regulation 12CC is adopted for the purposes of section 176(6).
[Regulation 11 inserted in Gazette 14 Jul 2006 p. 2562.]
12.Government agencies prescribed (Act s. 202K)
For the purposes of section 202K the following are prescribed government agencies —
(a)the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004;
(b)the Police Force of
[Regulation 12 inserted in Gazette 14 Jul 2006 p. 2562.]
13.Third party expenses (Act s. 205ZLK)
Family Law Regulation 15AA is adopted for the purposes of section 205ZLK.
[Regulation 13 inserted in Gazette 14 Jul 2006 p. 2562.]
[14, 14A‑14E.Deleted in Gazette 14 Jul 2006 p. 2561.]
14F.Pensions, allowances, benefits prescribed (Act s. 205T)
Family Law Regulation 12A is adopted and applies for the purposes of the definition of income tested pension, allowance or benefit in section 205T.
[Regulation 14F inserted in Gazette 29 Nov 2002 p. 5665.]
15.Parentage testing procedures
(1)Family Law Regulation 21C is adopted and applies for the purposes of the definition of parentage testing procedure in section 5.
(2)Family Law Regulations 21B, 21D, 21E, 21F, 21G, 21H, 21I, 21J, 21K and 21L are adopted and apply to a parentage testing procedure that is required to be carried out on a person under a parentage testing order made by a court under section 195.
(1)The Attorney General may appoint in writing a person or class of persons, being persons employed at a particular place, to prepare reports relating to the information obtained as the result of conducting parentage testing procedures.
(2)An instrument of appointment under subregulation (1) is to be published in the Gazette.
(3)Family Law Regulation 21M is adopted and applies for the purposes of section 200(b).
17.Registration in a court of orders etc. made by another court
(1)An order under the Act referred to in section 223 in paragraph (f) of the definition of order under this Act may be registered by filing a sealed copy of the order in the registry of the first‑mentioned court referred to in paragraph (g) of that definition.
[(2)deleted]
(3)A decree within the meaning of section 209A may be registered in any court by filing a sealed copy of the order in the court’s registry.
[Regulation 17 amended in Gazette 29 Nov 2002 p. 5665; 14 Jul 2006 p. 2562.]
[Heading inserted in Gazette 14 Dec 2012 p. 6236.]
[Heading inserted in Gazette 14 Dec 2012 p. 6236.]
In this Part —
business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned;
conciliation conference means a conference —
(a)that is —
(i)attended by the parties to a proceeding and a registrar of the relevant court; or
(ii)attended by the parties to a proceeding and a family dispute resolution practitioner, and the parties are not required to pay any fees of the practitioner in relation to the conference;
and
(b)in which the parties try to reach agreement on the matters at issue in the proceeding;
conciliation conference fee means the fee mentioned in Schedule 1 item 11;
eligible financial or parenting proceedings means proceedings under Part 5 or 5A of the Act;
filing fee means a fee mentioned in Schedule 1 item 1, 4, 7, 8, 9 or 12;
hearing fee means a fee mentioned in Schedule 1 item 3 or 6;
interim order application includes —
(a)an application for an interlocutory or interim order; and
(b)an application for an order that will apply only for a specified period during a proceeding; and
(c)an application for an interim or partial property order under Part 5 or 5A of the Act; and
(d)an application for an interim order that is included in an application that also covers other matters,
but does not include an application for a procedural order;
liable person, in relation to a fee, means the person who is required to pay the fee under regulation 20;
relevant court, in relation to a proceeding, means the court in which the proceedings are held;
setting down fee means a fee mentioned in Schedule 1 item 2 or 5.
[Regulation 18 inserted in Gazette 14 Dec 2012 p. 6236-7; amended in Gazette 10 Jul 2015 p. 2780; 18 Aug 2015 p. 3299.]
[Heading inserted in Gazette 14 Dec 2012 p. 6237.]
(1)Schedule 1 sets out the fees payable for —
(a)the filing of a document; or
(b)a service in relation to a proceeding provided by —
(i)the relevant court; or
(ii)an officer of the relevant court; or
(iii)another person acting on behalf of the relevant court.
(2)If a document filed in a proceeding includes an interim order application and also covers another matter, the fee payable is the sum of —
(a)the fee mentioned in Schedule 1 item 8; and
(b)the fee mentioned in Schedule 1 for the filing of the document.
(3)If under regulation 20, a particular fee mentioned in Schedule 1 is payable by more than one person, the only fee that is payable in relation to that particular fee is the highest fee that applies to any of those persons.
[Regulation 19 inserted in Gazette 14 Dec 2012 p. 6237-8.]
Division 3 — Liability to pay fee
[Heading inserted in Gazette 14 Dec 2012 p. 6238.]
(1)A fee mentioned in Schedule 1 is payable in relation to a proceeding (including an appeal) by —
(a)for the fee mentioned in Schedule 1 item 4 (filing a response to an application) or item 8 (filing an interim order application) — the person for whom the document is filed; and
(b)for the fee mentioned in Schedule 1 item 10 (issuing a subpoena) — the person who requests that the subpoena be issued; and
(c)in any other case — the person who commences the proceeding.
(2)However —
(a)any party to the proceeding may pay the fee; and
(b)the relevant court for the proceeding, or the Principal Registrar of that court, may order that another party to the proceeding is liable to pay the fee or part of the fee instead of the person mentioned in subregulation (1).
[Regulation 20 inserted in Gazette 14 Dec 2012 p. 6238-9.]
Division 4 — Exemptions from liability to pay fee
[Heading inserted in Gazette 14 Dec 2012 p. 6239.]
21A.Persons exempt from paying fee: general
(1)A person is exempt from paying a fee mentioned in Schedule 1 if, at the time the fee is payable, one or more of the following apply —
(a)the person has been granted legal aid under a legal aid scheme or service —
(i)established under a law of the Commonwealth or of a State or Territory; or
(ii)approved by the Attorney‑General of the Commonwealth,
for the proceedings for which the fee would otherwise be payable;
(b)the person is the holder of any of the following cards issued by the Commonwealth —
(i)a health care card;
(ii)a pensioner concession card;
(iii)a Commonwealth seniors health card;
(iv)any other card that certifies the holder’s entitlement to Commonwealth health concessions;
(c)the person is serving a sentence of imprisonment or is otherwise detained in a public institution;
(d)the person is younger than 18 years;
(e)the person is receiving youth allowance or Austudy payments under the Social Security Act 1991 (Commonwealth) or benefits under the ABSTUDY Scheme.
(2)In subregulation (1)(b) —
holder, of a card, does not include a dependant of the person who is issued the card.
[Regulation 21A inserted in Gazette 14 Dec 2012 p. 6239-40.]
21B.Persons exempt from paying fee: financial hardship
(1)If —
(a)a fee mentioned in Schedule 1 is payable by an individual in relation to a proceeding; and
(b)in the opinion of a registrar or an authorised officer of the relevant court at the time the fee is payable, the payment of the fee would cause financial hardship to the individual,
the registrar or authorised officer may exempt the individual from paying the fee.
(2)In considering whether payment of a fee would cause financial hardship to an individual, the registrar or authorised officer must consider the individual’s income, day‑to‑day living expenses, liabilities and assets.
[Regulation 21B inserted in Gazette 14 Dec 2012 p. 6240.]
Division 5 — When fee is not payable
[Heading inserted in Gazette 14 Dec 2012 p. 6241.]
21C.Fee not payable by liable person if already paid
A fee mentioned in Schedule 1 is not payable by the liable person if another person has paid the fee.
[Regulation 21C inserted in Gazette 14 Dec 2012 p. 6241.]
21D.Proceedings in which fee not payable
(1)A fee mentioned in Schedule 1 is not payable in relation to the following proceedings —
(a)a proceeding for which an international convention to which
(b)a proceeding under the Family Law (Child Abduction Convention) Regulations 1986 (Commonwealth);
(c)an application by a person to set aside a subpoena.
(2)A fee mentioned in Schedule 1 is not payable in relation to an objection to a subpoenaed document being inspected or copied.
(3)A fee mentioned in Schedule 1 is not payable in relation to a proceeding under the Act about any of the following —
(a)a parenting plan;
(b)child maintenance;
(c)a recovery order;
(d)a custody order, residence order, or an order that a child lives with a person, made by an overseas court;
(e)a custody order, residence order, or an order that a child lives with a person, made by a court in
(f)a maintenance order made by an overseas court;
(g)a maintenance order made by a court in
(h)de facto partner maintenance;
(i)leave, under section 217 or 218, for a child to be examined;
(j)an application for enforcement of an order;
(k)contravention of an order;
(l)contempt of court;
(m)an application for an injunction under section 235A;
(n)costs;
(o)a procedural matter.
[Regulation 21D inserted in Gazette 14 Dec 2012 p. 6241-2.]
[Heading inserted in Gazette 14 Dec 2012 p. 6242.]
(1)A filing fee for a document must be paid before the document is filed.
(2)A setting down fee for a hearing in relation to a proceeding must be paid as follows —
(a)if the hearing day is within 28 days after the day when the hearing day is fixed — within the period, or at the time, approved by the registrar or authorised officer of the relevant court for the payment of that fee;
(b)in any other case — no later than 28 days before the hearing day.
(3)A hearing fee for a hearing in relation to a proceeding must be paid as follows —
(a)if the hearing day is more than 2 business days after the day when the hearing day is fixed — no later than close of business for the relevant court on the day that is 2 business days before the hearing day;
(b)in any other case — no later than 9.30 a.m. on the hearing day.
(4)A conciliation conference fee must be paid as follows —
(a)if the conciliation conference is within 28 days after the day when the conference is fixed — before the conference commences;
(b)in any other case — by 28 days before the day the conference will occur.
(5)A fee for a service —
(a)mentioned in an item in Schedule 1; and
(b)not otherwise mentioned in this regulation,
must be paid before the service is provided.
[Regulation 21E inserted in Gazette 14 Dec 2012 p. 6242-3.]
21F.Deferral of payment of fees
(1)Regulation 21E does not apply if a registrar or an authorised officer of the relevant court for a proceeding defers the payment of a fee mentioned in Schedule 1 in relation to the proceeding.
(2)The registrar or authorised officer may defer the payment of a fee under subregulation (1) if, in the opinion of the registrar or authorised officer —
(a)for a filing fee for a document (other than the fee mentioned in Schedule 1 item 4) — the need to file the document is so urgent that it overrides the requirement to pay the filing fee before the document is filed; or
(b)considering the financial circumstances of the person liable to pay the fee, it would be oppressive or otherwise unreasonable to require payment of the fee in accordance with regulation 21E.
(3)If payment of a fee is deferred, the fee must be paid —
(a)within 28 days after the day the payment is deferred; or
(b)within another period approved, in writing, by the registrar or authorised officer for the payment of that fee.
(4)A fee may be deferred more than once.
(5)The registrar or authorised officer may impose conditions on the deferral of the payment of a fee.
[Regulation 21F inserted in Gazette 14 Dec 2012 p. 6243-4.]
21G.What happens if fee not paid
(1)This regulation applies if the payment of a fee is not deferred under regulation 21F.
(2)If a person is required to pay a fee mentioned in Schedule 1 in relation to a proceeding before the filing of a document or the provision of a service for which the fee is payable, the document must not be filed or the service must not be provided until the whole fee is paid.
(3)However, the relevant court for the proceeding, or the principal registrar of that court, may allow the document to be filed or the service to be provided despite the fee, or part of the fee, not being paid.
(4)Subregulation (5) applies to a conciliation conference fee, a hearing fee and a setting down fee.
(5)If the fee, or part of the fee, is not paid in relation to a proceeding —
(a)the relevant court, or the principal registrar of that court, may order that no proceeding, or no proceeding other than a specified proceeding, is to take place except by leave; and
(b)a person other than the person liable to pay the fee may pay the fee without affecting any power of the relevant court, or the principal registrar of that court, to make an order for costs for the fee; and
(c)the relevant court, or the principal registrar of that court, may vacate the day scheduled for the hearing or conciliation conference.
[Regulation 21G inserted in Gazette 14 Dec 2012 p. 6244-5.]
[Heading inserted in Gazette 14 Dec 2012 p. 6245.]
(1)A person is entitled to a refund of an amount in relation to the payment of a fee mentioned in Schedule 1 if the person pays more than the person is required to pay for the fee under this regulation.
(2)The amount to be refunded is the difference between the amount paid by the person and the amount that the person is required to pay for the fee.
(3)A person is entitled to the refund of the amount paid by the person as a fee mentioned in Schedule 1 if —
(a)the fee had already been paid by another person; or
(b)the fee was not payable under these regulations.
(4)A person is not entitled to the refund of the amount paid by the person as a setting down fee for a hearing in relation to a proceeding if the first hearing day fixed by the setting down, or a hearing day fixed in place of the first hearing day, does not occur.
(5)A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing that has not commenced in relation to a proceeding if —
(a)the person notifies the registrar or an authorised officer of the relevant court, in accordance with subregulation (6), that the hearing will not occur or will occur only for the purpose of making formal orders; and
(b)the hearing does not occur or occurs only for the purpose of making formal orders.
(6)The person must notify the registrar or authorised officer in writing —
(a)if the hearing day was fixed less than 10 business days before the hearing day — at least 2 business days before the hearing day; and
(b)in any other case — at least 10 business days before the hearing day.
(7)Despite subregulation (5), a registrar or authorised officer may refund a hearing fee for a hearing that has not commenced if —
(a)the person who paid the hearing fee has not notified the registrar or authorised officer in accordance with subregulations (5)(a) and (6); and
(b)the registrar or authorised officer is satisfied that the reason the person has not notified the registrar or authorised officer is not the fault of the person; and
(c)the hearing does not occur or occurs only for the purpose of making formal orders.
(8)In subregulations (5) and (7) —
formal orders means orders finalising the proceedings that were to be the subject of the hearing.
(9)A person is entitled to the refund of the amount paid by the person as a hearing fee for a hearing day for a hearing that has commenced if —
(a)the proceeding is settled or discontinued before the hearing day; or
(b)the hearing day does not proceed for some other reason.
(10)A person is entitled to the refund of the amount paid by the person as a conciliation conference fee in relation to a proceeding if the proceeding is settled or discontinued before the conference is held.
[Regulation 21H inserted in Gazette 14 Dec 2012 p. 6245-7.]
(1)In this regulation —
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician;
March quarter means a period of 3 months ending at the end of March;
relevant period means a 2 year period beginning on 1 July 2012 or on each second 1 July following that day.
(2)The amount of each fee mentioned in Schedule 1 is increased on 1 July 2016, and on each second 1 July following that day.
(3)Subregulations (4) and (5) apply to a fee mentioned in Schedule 1.
(4)If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is increased, on 1 July immediately following the end of the period, in accordance with the formula —
where —
earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period;
fee is the fee in force at the end of the relevant period;
latest CPI number is the CPI number for the last March quarter before the end of the relevant period.
(5)The amount of the fee worked out under subregulation (4) is to be rounded to an amount of dollars and cents and then further rounded as follows —
(a)if the amount is $50 or more — the amount is to be rounded to the nearest amount that is a multiple of $5;
(b)if the amount is less than $50 — the amount is to be rounded to the nearest whole dollar;
(c)if the amount to be rounded is 50 cents, the amount is to be rounded down.
(6)If the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later CPI number is disregarded for the purposes of this regulation.
(7)However, if the Australian Statistician changes the reference base for the Consumer Price Index, then for the application of this regulation after the change is made, regard must be had only to CPI numbers published in terms of the new reference base.
[Regulation 21I inserted in Gazette 14 Dec 2012 p. 6247-9; amended in Gazette 10 Jul 2015 p. 2780.]
Any fee mentioned in Schedule 1 that is not paid in accordance with this regulation is recoverable in a court of competent jurisdiction by the State as a debt due to the State.
[Regulation 21J inserted in Gazette 14 Dec 2012 p. 6249.]
[Heading inserted in Gazette 13 May 2011 p. 1746.]
21.Review of decisions under these regulations
A decision made by a registrar or authorised officer under these regulations is reviewable as if it were an order or direction made by the Principal Registrar, registrar or deputy registrar under the Family Court Rules 1998 rule 25.
[Regulation 21 inserted in Gazette 13 May 2011 p. 1746.]
Part 5 — Transitional provisions
[Heading inserted in Gazette 13 May 2011 p. 1746.]
A term has the same meaning in this Part as it has in regulation 18 unless the contrary intention appears.
[Regulation 22A inserted in Gazette 10 Jul 2015 p. 2780.]
22.Transitional provisions relating to Family Court Amendment Regulations 2011
(1)In this regulation —
commencement day means the day on which the Family Court Amendment Regulations 2011 regulation 10 comes into operation 1.
(2)Regulation 18(7)(a) and (b) of these regulations as in force immediately before commencement day continues to apply to proceedings commenced before commencement day.
(3)Regulation 18(9) of these regulations as in force immediately before commencement day continues to apply to —
(a)a hearing fee paid before 1 July 2010; and
(b)a hearing fee, for the first day of hearing, paid before commencement day.
(4)Regulation 18(10), inserted by the Family Court Amendment Regulations 2011 regulation 10(11), applies to a hearing fee for the second and subsequent days of a hearing, paid before commencement day.
[Regulation 22 inserted in Gazette 13 May 2011 p. 1746-7; amended in Gazette 10 Jul 2015 p. 2781.]
23.Transitional provisions relating to Family Court Amendment Regulations 2012
(1)These regulations, as in force immediately before 1 January 2013 (the old regulations), continue to apply to and in relation to a service requested before 1 January 2013.
(2)However, regulation 18(9) of the old regulations continues to apply to a setting down requested before 1 January 2013 only if the setting down fee (within the meaning of the old regulations) was paid before 1 January 2013.
(3)If a service was requested before 1 January 2013 —
(a)payment for the fee for the service may be deferred under regulation 21F (regardless of whether the fee was also deferred before 1 January 2013); and
(b)regulation 21H(9) applies to any hearing days that were fixed for 1 January 2013 or after.
[Regulation 23 inserted in Gazette 14 Dec 2012 p. 6249-50.]
24.Transitional provisions relating to Family Court Amendment Regulations (No. 3) 2015
(1)In this regulation —
commencement day means the day on which the Family Court Amendment Regulations (No. 3) 2015 regulation 6 comes into operation 1;
current fees means the fees payable under these regulations on commencement day;
refund period means the period —
(a)beginning at the time when the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015 (Commonwealth) was disallowed by the Commonwealth Senate; and
(b)ending immediately before commencement day.
(2)A person who paid a fee under these regulations during the refund period is entitled to a refund.
(3)The amount to be refunded is the difference between —
(a)the amount paid by the person; and
(b)the amount that the person would have been required to pay had the current fees been the fees payable during the refund period.
(4)The liability of a person to pay a fee that arose during the refund period is to be taken to be the same as it would have been had the current fees been the fees payable when the liability arose.
(5)This regulation applies despite the amendments effected by the Family Court Amendment Regulations (No. 2) 2015.
[Regulation 24 inserted in Gazette 18 Aug 2015 p. 3300.]
[Pt. 3]
[Heading inserted in Gazette 18 Aug 2015 p. 3300.]
|
Item |
Document or action |
Fee |
|
1. |
Filing an application for final orders in eligible financial or parenting proceedings |
|
|
2. |
Setting down for hearing in eligible financial or parenting proceedings, if defended, for final orders — (a)for a hearing before a judge (b)for a hearing before a magistrate |
$805 $590 |
|
3. |
Hearing in eligible financial or parenting proceedings, if defended, for final orders — for each hearing day, or part of a hearing day, excluding the first hearing day — (a)for a hearing before a judge (b)for a hearing before a magistrate |
$805 $590 |
|
4. |
Filing a response to an application for final orders in eligible financial or parenting proceedings |
|
|
5. |
Setting down for hearing in an appeal under section 211 from a decree of a Magistrates Court, unless the fee mentioned in item 12 has been paid |
|
|
6. |
Hearing in an appeal under section 211 from a decree of a Magistrates Court — for each hearing day, or part of a hearing day, excluding the first hearing day |
|
|
7. |
Filing an application for a consent order |
$155 |
|
8. |
Filing an interim order application |
$110 |
|
9. |
Filing an application for both a final order under Part 5 and a final order under Part 5A Division 2 or Division 3 of the Act (other than for an order for the maintenance of a party to a de facto relationship) |
|
|
10. |
For issuing a subpoena |
$55 |
|
11. |
For listing a conciliation conference |
$370 |
|
12. |
Filing an application for leave to appeal under section 211 from an interlocutory order of a Magistrates Court |
|
[Schedule 1 inserted in Gazette 18 Aug 2015 p. 3300‑1.]
1This reprint is a compilation as at 15 January 2016 of the Family Court Regulations 1998 and includes the amendments made by the other written laws referred to in the following table 3. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Family Court Regulations 1998 |
25 Sep 1998 p. 5303‑9 |
26 Sep 1998 (see r. 2 and Gazette 25 Sep 1998 p. 5295) |
|
Family Court Amendment Regulations 2002 |
29 Nov 2002 p. 5663-5 |
1 Dec 2002 (see r. 3 and Gazette 29 Nov 2002 p. 5651) |
|
Family Court Amendment Regulations 2006 |
14 Jul 2006 p. 2560‑3 |
15 Jul 2006 (see r. 2 and Gazette 14 Jul 2006 p. 2559) |
|
Reprint 1: The Family Court Regulations 1998 as at 9 Feb 2007 (includes amendments listed above) |
||
|
Family Court Amendment Regulations (No. 2) 2010 |
9 Nov 2010 p. 5628-9 |
r. 1 and 2: 9 Nov 2010 (see r. 2(a)); |
|
Family Court Amendment Regulations 2011 |
13 May 2011 p. 1737-47 |
r. 1 and 2: 13 May 2011 (see r. 2(a)); |
|
Reprint 2: The Family Court Regulations 1998 as at 2 Mar 2012 (includes amendments listed above) |
||
|
Family Court Amendment Regulations 2012 |
14 Dec 2012 p. 6235-51 |
r. 1 and 2: 14 Dec 2012 (see r. 2(a)); |
|
Family Court Amendment Regulations (No. 2) 2015 |
10 Jul 2015 p. 2779‑83 |
r. 1 and 2: 10 Jul 2015 (see r. 2(a)); |
|
Family Court Amendment Regulations (No. 3) 2015 |
18 Aug 2015 p. 3299‑301 |
r. 1 and 2: 18 Aug 2015 (see r. 2(a)); |
|
Reprint 3: The Family Court Regulations 1998 as at 15 Jan 2016 (includes amendments listed above) |
||
2Deleted by the Supreme Court Amendment Rules (No. 5) 2001.
3The Family Court Amendment Regulations 2015 were repealed before the provisions of those regulations that were to amend the Family Court Regulations 1998 came into operation. See the Family Court Amendment Repeal Regulations 2015 in Gazette 30 June 2015 p. 2340.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
authorised officer3(1)
business day18
commencement day22(1), 24(1)
conciliation conference18
conciliation conference fee18
court3(1)
CPI number21I(1)
current fees24(1)
earlier CPI number21I(4)
eligible financial or parenting proceedings18
Family Law Regulations3(1)
Family Law Rules3(1)
fee21I(4)
filing fee18
formal orders21H(8)
hearing fee18
holder21A(2)
interim order application18
latest CPI number21I(4)
liable person18
March quarter21I(1)
old regulations23(1)
refund period24(1)
relevant court18
relevant period21I(1)
section3(1)
setting down fee18
By Authority: JOHN A. STRIJK, Government Printer