Commonwealth Numbered Regulations Commonwealth Numbered RegulationsPart 1 -- Amendments commencing day after registration
Federal Circuit Court Rules 2001
1 At the end of Part 1
Add:
1.07 Applications for orders about procedures
A person who wants to start a proceeding, or take a step in a proceeding, may apply to the Court for an order about the procedure to be followed if:
(a) the procedure is not prescribed by the Act, these Rules or by or under any other Act; or
(b) the person is in doubt about the procedure.
2 After subrule 4.09(2) (before the notes)
Insert:
(3) The applicant's genuine steps statement must be no more than 2 pages.
3 After subrule 4.10(2) (before the notes)
Insert:
(3) The respondent's genuine steps statement must be no more than 2 pages.
4 Subrule 10.05(1)
Repeal the subsection, substitute:
(1) The Court may refer a proceeding, or a part of a proceeding or a matter arising out of a proceeding, for conciliation.
5 Rule 13.10 (note)
Omit "section 118", substitute "sections 102QB and 118".
6 Rule 15.01 (note)
Repeal the note.
7 Subrule 15A.06(2)
Omit "within a reasonable time before attendance or production under the subpoena is required".
8 Subrule 23.01A(5)
Repeal the subrule, substitute:
(5) If a family report is prepared in accordance with an order made under this rule, the Court may do any of the following:
(a) by order or otherwise, give a copy of the report to any of the following:
(i) a party, a lawyer for a party, or an independent children's lawyer, in the proceeding;
(ii) a children's court (however described) of a State or Territory;
(iii) a prescribed child welfare authority (within the meaning of the Family Law Act);
(iv) an authority established by or under a law of a State or Territory for purposes including the provision of legal assistance;
(v) the convenor of any legal dispute resolution conference;
(b) receive the report in evidence;
(c) permit oral examination of the person making the report;
(d) order that the report not be released to a person or that access to the report be restricted.
(6) If the Court, other than by order, gives a copy of a family report under subrule (5), the copy must be accompanied by a notice that states the following information:
(a) the people to whom a copy of the report may be provided;
(b) the status of the report at the time of its preparation;
(c) information about the potential consequences for unauthorised publication of information contained in the report.
9 Subparagraphs 24.03(1)(d)(ii) and (iii)
Omit "de facto spouse", substitute "de facto partner".
10 Subrule 25B.20(2) (note)
Omit "rule 25B.10", substitute "Division 25B.4".
11 At the end of rule 44.15
Add:
(3) A respondent who claims costs in accordance with subrule (2) must serve on the applicant who filed the notice of discontinuance a sealed copy of a bill of costs in accordance with the approved form that specifies the relevant amount set out in Division 2 of Part 3 of Schedule 1, or a lesser amount, that the respondent is claiming.
(4) Unless, within 14 days after the respondent serves a bill of costs under subrule (3), a party applies to the Court for an order as to costs, a Judge or a Registrar may order the applicant to pay an amount of costs equal to:
(a) the relevant amount set out in Division 2 of Part 3 of Schedule 1; or
(b) if a lesser amount was claimed in the bill--the amount claimed.
(5) This rule does not limit a party's right to apply, under Part 21, for an order as to costs of the application.
12 Rule 45.01 (definition of Building and Construction Industry Improvement Act )
Repeal the definition.
13 Rule 45.02 (heading)
Repeal the heading, substitute:
45.02 Expressions used in the Workplace Relations Act and the Fair Work Act
14 Paragraph 45.02(b)
Omit "Act; and", substitute "Act."
15 Paragraph 45.02(c)
Repeal the paragraph.
16 Rule 45.03
Omit ", the Fair Work Act or the Building and Construction Industry Improvement Act" (wherever occurring), substitute "or the Fair Work Act".
17 Subparagraph 45.06(b)(ii)
Omit "section 369 of".
18 Subparagraph 45.07(b)(ii)
Omit "section 777 of".
19 Division 45.5
Repeal the Division.
20 Schedule 1
Repeal the Schedule, substitute:
Note: See rules 21.10, 21.16 and 44.15.
Part 1A -- Application of this Schedule
1 Application of this Schedule
This Schedule, as amended by the Federal Circuit Court Amendment (2014 Measures No. 1) Rules 2014 , applies to work done or services performed after the commencement of this Schedule.
Part 1 -- Family law proceedings and general federal law proceedings
|
Costs for family law proceedings and general federal law proceedings |
|||
|
Item |
Description |
Amount for a family law proceeding (including GST) |
Amount for a general federal law proceeding (including GST) |
|
1 |
Initiating or opposing an application up to the completion of the first court date |
Both: (a) $2,048; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
Both: (a) $2,735; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
|
2 |
Initiating or opposing an application which includes interim orders (other than procedural orders) up to the completion of the first court date |
Both: (a) $2,561; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
Both: (a) $3,422; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
|
3 |
Interim or summary hearing--as a discrete event Note: This stage applies to an interim application or a summary proceeding of a type not otherwise addressed in this fee structure. It does not include the item 1 or 2 component. |
Both: (a) $1,706; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
Both: (a) $1,706; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
|
4 |
Up to and including the conciliation conference |
$1,706 |
Not applicable |
|
5 |
Dispute resolution litigation intervention |
$1,706 |
$2,868 |
|
6 |
Preparation for final hearing--one day matter |
$4,365 |
$6,150 |
|
7 |
Preparation for final hearing--2 day matter |
$5,412 |
$9,241 |
|
8 |
Preparation for final hearing--each additional hearing day after the second hearing day |
$1,158 |
$1,944 |
|
9 |
Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders |
Both: (a) $278; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
Both: (a) $278; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
|
10 |
Application for family law location, recovery or enforcement of an order (other than an application for enforcement by a Registrar under item 11) |
Both: (a) $867; and (b) the daily hearing fee mentioned in item 13 that applies to the hearing |
Not applicable |
|
11 |
Application for enforcement by a Registrar of: (a) a warrant under rule 25B.22; or (b) a third party debt notice under rule 25B.40 |
$573 |
Not applicable |
|
12 |
Advocacy loading |
50% of the daily hearing fee mentioned in item 13 that applies to the hearing |
50% of the daily hearing fee mentioned in item 13 that applies to the hearing |
|
13 |
Daily hearing fee |
Either: (a) for a short mention--$278; or (b) for a half day hearing--$1,024; or (c) for a full day hearing--$2,048 |
Either: (a) for a short mention--$278; or (b) for a half day hearing--$1,024; or (c) for a full day hearing--$2,048 |
|
14 |
Disbursements--Court fees and other fees and payments to the extent that they have been reasonably incurred |
The amount of the fees and payments |
The amount of the fees and payments |
|
15 |
Disbursements--photocopying for each page |
$0.71 |
$0.71 |
|
16 |
Agents fees and travelling costs Note: For 2 or more hours travel. |
$576 |
$576 |
Part 2 -- Child support proceedings
Division 1 -- Application for enforcement order in relation to child support proceedings
|
Costs for child support proceedings |
||
|
Item |
Description |
Amount (including GST) |
|
1 |
Initiating or opposing an application up to the completion of the first court date Note: This item includes final hearing of up to one day if it is held on the first court date. |
Both: (a) $2,157; and (b) the daily hearing fee mentioned in item 6 that applies to the hearing |
|
2 |
Interim or summary hearing--as a discrete event Note: This item applies to an interim application, or a summary proceeding of a type not otherwise addressed in this fee structure such as an application for an order that a proceeding be stayed. It does not include the item 1 component. |
Both: (a) $1,644; and (b) the daily hearing fee mentioned in item 6 that applies to the hearing |
|
3 |
Preparation of final hearing for a matter of 2 or more days--for every day after the first court date |
$1,117 |
|
4 |
Final hearing costs for attendance of solicitor at hearing to take judgment and explain orders |
Both: (a) $269; and (b) the daily hearing fee mentioned in item 6 that applies to the hearing |
|
5 |
Advocacy loading |
50% of the daily hearing fee mentioned in item 6 that applies to the hearing |
|
6 |
Daily hearing fee |
Either: (a) for a short mention--$269; or (b) for a half day hearing--$987; or (c) for a full day hearing--$1,976 |
|
7 |
Disbursements--Court fees and other fees and payments to the extent that they have been reasonably incurred |
The amount of the fees and payments |
|
8 |
Disbursements--photocopying documents first 10 pages--for each page |
$0.71 |
|
9 |
Disbursements--photocopying documents after first 10 pages--for each page |
$0.22 |
|
10 |
Agents fees and travelling costs Note: For 2 or more hours travel. |
$556 |
Division 2 -- Costs for appeal of an SSAT or Child Support Registrar decision
|
Costs for an appeal of an SSAT or Child Support Registrar decision |
||
|
Item |
Description |
Amount (including GST) |
|
1 |
A proceeding concluded at or before the first court date for the proceeding |
$1,319 |
|
2 |
A proceeding concluded: (a) after the first court date for the proceeding; and (b) at least 4 weeks before the final hearing for the proceeding |
$3,294 |
|
3 |
A proceeding concluded at a final hearing |
$6,581 |
Part 3 -- Migration proceedings
Division 1 -- Costs for migration proceedings that have concluded
|
Costs for migration proceedings that have concluded |
||
|
Item |
Description |
Amount (including GST) |
|
1 |
A proceeding concluded at or before the first court date for the proceeding |
$1,367 |
|
2 |
A proceeding concluded: (a) after the first court date for the proceeding; and (b) at or before the hearing under rule 44.12 or other interlocutory hearing |
$3,416 |
|
3 |
A proceeding concluded at a final hearing |
$6,825 |
Division 2 -- Costs for migration proceedings that have been discontinued
|
Costs for migration proceedings that have been discontinued |
||
|
Item |
Description |
Amount (including GST) |
|
1 |
A proceeding in which the notice of discontinuance is filed and served at least 14 days before the first court date for the proceeding |
$680 |
|
2 |
A proceeding in which the notice of discontinuance is filed and served: (a) less than 14 days before the first court date for the proceeding; and (b) at least 15 days before the hearing under rule 44.12 or other interlocutory hearing |
$1,706 |
|
3 |
A proceeding in which the notice of discontinuance is filed and served: (a) less than 15 days before the hearing under rule 44.12 or other interlocutory hearing; and (b) at least 15 days before the final hearing |
$3,416 |
|
4 |
Any other case |
$4,778 |
21 Part 2 of Schedule 3 (after table item 5)
Insert:
|
5A |
rule 12.01 |
22 Dictionary
Insert:
de facto partner has the meaning given by the Acts Interpretation Act 1901 .
Part 2 -- Amendments commencing 12 January 2015
Federal Circuit Court Rules 2001
23 After subrule 2.04(1A)
Insert:
(1B) A reference in these Rules to a notice of risk is a reference to Form 1 in Schedule 2.
24 At the end of rule 4.01
Add:
Note: An application for a parenting order must be accompanied by a notice of risk: see rule 22A.02.
25 At the end of rule 4.03
Add:
Note: A response to an application for a parenting order, or a response seeking a parenting order, must be accompanied by a notice of risk: see rule 22A.02.
26 After Part 22
Insert:
Part 22A -- Notice of risk etc.
In this Division:
"interested person" :
(a) in a proceeding to which section 67Z of the Family Law Act applies--has the meaning given by subsection (4) of that section; and
(b) in a proceeding to which section 67ZBA of the Family Law Act applies--has the meaning given by subsection (4) of that section.
22A.02 Notice of risk must be filed with application for parenting order
(1) A person who:
(a) makes an application to the Court for a parenting order; or
(b) files a response to such an application;
must file a notice of risk with the application or response.
Note 1: A notice of risk must be in accordance with Form 1 in Schedule 2: see subrule 2.04(1B).
Note 2: For additional obligations when an application is made to the Court for a parenting order by consent, see rule 13.04A.
(2) The affidavit filed with the application or response, in accordance with rule 4.05, must state the evidence relied on to support each allegation (if any) set out in the notice of risk.
Note 1: If a notice of risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, or there has been family violence or there is a risk of family violence by one of the parties to the proceeding, a true copy of the notice must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Family Law Act.
Note 2: If a notice of risk filed in a proceeding alleges that a child to whom the proceeding relates has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Family Law Act.
22A.03 Notice of risk filed by interested person
If:
(a) an interested person files a notice of risk in a proceeding for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act; and
(b) the notice of risk was not filed under rule 22A.02;
the interested person must file an affidavit stating the evidence relied on to support each allegation set out in the notice of risk.
22A.04 Amendment of notice of risk
If:
(a) a person who is a party to a proceeding, or an interested person in a proceeding, has filed a notice of risk in the proceeding; and
(b) after filing the notice, the person becomes aware of new facts or circumstances that would require the person to file a notice of risk for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act in relation to those facts or circumstances;
the person must file:
(c) a new notice of risk setting out those facts or circumstances; and
(d) an affidavit stating the evidence relied on to support each allegation set out in the notice.
Note 1: A true copy of a notice of risk that is filed for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act must be served on the person to whom the allegations relate: see subsections 67Z(2) and 67ZBA(2) of the Family Law Act.
Note 2: If a notice of risk alleges that a child has been abused or is at risk of being abused, the Registry Manager must notify a prescribed child welfare authority: see subsection 67Z(3) and paragraph 67ZBA(3)(b) of the Family Law Act.
22A.05 Proceedings transferred from another court
(1) This rule applies if a proceeding in which a parenting order is sought is transferred to the Court from another court.
(2) Each party to the proceeding must file and serve on each other party to the proceeding:
(a) a notice of risk; and
(b) an affidavit stating the evidence relied on to support each allegation (if any) set out in the notice.
(3) The notice of risk must be filed and served before the first court date for the proceeding in the Court.
22A.06 Content of notice of risk
A notice of risk filed in a proceeding must set out particulars of the facts and circumstances on which each allegation (if any) set out in the notice is based.
22A.07 Notice of risk for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act
(1) A notice of risk is the prescribed form for a notice mentioned in subsections 67Z(2) and 67ZBA(2) of the Family Law Act.
Note: A notice of risk is the method by which the Court may fulfil its obligations under paragraph 69ZQ(1)(aa) of the Family Law Act.
(2) If:
(a) a person who is a party to a proceeding, or an interested person in the proceeding, has filed a notice of risk in the proceeding; and
(b) the notice of risk alleges:
(i) that a child to whom the proceeding relates has been abused or is at risk of being abused; or
(ii) that there has been family violence, or there is a risk of family violence, by one of the parties to the proceeding;
the person is taken to have filed a notice in the prescribed form for the purposes of subsection 67Z(2) or 67ZBA(2) of the Family Law Act in relation to the allegation.
Division 2 -- Family violence orders
(1) A party to a proceeding who is seeking a parenting order in relation to a child must file a copy of any family violence order affecting the child or a member of the child's family.
(2) However, if a copy of a family violence order is not available, the party must file a written notice setting out:
(a) an undertaking to file the order within a specified time;
(b) the date of the order;
(c) the court that made the order; and
(d) the details of the order.
(3) The family violence order, or the notice under subrule (2), must be filed:
(a) when the proceeding commences; or
(b) as soon as practicable after the family violence order is made.
27 Part 1 of Schedule 3 (table item 3)
Repeal the item.
28 Dictionary
Insert:
"family violence order" has the same meaning as in the Family Law Act.
Division 2--Form of notice of risk
Federal Circuit Court Rules 2001
29 After Schedule 1
Insert: