Commonwealth Numbered Acts

TRANS-TASMAN PROCEEDINGS AMENDMENT AND OTHER MEASURES ACT 2011 (NO. 64, 2011) - SCHEDULE 3

1  Validation of court fees for de facto financial proceedings

(1)           If:

                            (a)    during the relevant period, proceedings under the Family Law Act 1975 were instituted in a court (other than the Federal Magistrates Court); and

                            (b)    the proceedings were de facto financial proceedings; and

                            (c)    apart from this item, a court fee for the proceedings:

                              (i)  was not payable under the Family Law Regulations 1984 in relation to the period; but

                             (ii)  would have been so payable if, at all times during the period, references in those regulations to "financial or Part VII proceedings" had included a reference to "de facto financial proceedings";

then the court fee is taken to have been so payable.

(2)           In this item:

de facto financial proceedings means any of the proceedings mentioned in paragraphs (a) to (f) of the definition of de facto financial cause in subsection 4(1) of the Family Law Act 1975 .

relevant period means the period that:

                            (a)    starts on 1 March 2009; and

                            (b)    ends on 25 November 2010.