Commonwealth Numbered Regulations Commonwealth Numbered RegulationsPart 1 -- Main amendments
Family Law (Fees) Regulation 2012
1 Section 1.03 (definition of filing fee )
Omit "10A", substitute "10B".
2 Section 1.03 (definition of magistrate )
Repeal the definition.
3 At the end of section 1.04
Add:
Note 3: See also Part 3 for other transitional provisions.
4 Subsection 2.13(1)
Omit "1 July 2014", substitute "1 July 2016".
5 Subsections 2.13(2), (5) and (6)
Repeal the subsections.
6 Subsection 2.13(7) (heading)
Repeal the heading.
7 Schedule 1
Repeal the Schedule, substitute:
Schedule 1 -- Fees
Note: See section 2.02.
The following table sets out fees payable for:
(a) the filing of a document; or
(b) certain services provided in relation to a proceeding.
|
Fees |
||
|
Item |
Document or service |
Fee |
|
1 |
Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 2 applies |
(a) general fee--$1 200 (b) reduced fee--$395 |
|
2 |
Filing an application in proceedings for a divorce order: (a) commenced in a court mentioned in paragraph 10A(a) or (c) of the Family Law Regulations 1984 ; or (b) commenced in another court for transfer to a court mentioned in paragraph 10A(a) or (c) of those Regulations; or (c) commenced in the Federal Circuit Court |
(a) general fee-- $1 200 (b) reduced fee--$280 |
|
3 |
Filing an application in proceedings for a declaration about the validity of a marriage, a divorce or the annulment of a marriage |
$1 320 |
|
4 |
Filing an application for final orders in eligible financial or parenting proceedings, other than an application under the Trans-Tasman Proceedings Act 2010 |
$355 |
|
5 |
Filing a response to an application for final orders in eligible financial or parenting proceedings |
$355 |
|
6 |
Filing an application for a consent order |
$240 |
|
7 |
Filing an appeal under section 94 or 94AAA of the Family Law Act, unless leave to appeal is required and the fee mentioned in item 8 has been paid |
$1 405 |
|
8 |
Filing an application for leave to appeal under section 94 or 94AAA of the Family Law Act |
$1 405 |
|
9 |
Filing: (a) an interim order application; or (b) an application under the Trans-Tasman Proceedings Act 2010 , other than an application mentioned in item 10A |
$125 |
|
10 |
Filing an application for both an order under Part VII of the Family Law Act and an order under any of the following: (a) Part VIII of that Act (other than a spousal maintenance order); (b) Part VIIIA of that Act; (c) Part VIIIAB of that Act (other than an order for the maintenance of a party to a de facto relationship) |
$590 |
|
10A |
Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010 |
$110 |
|
10B |
Filing an amendment of: (a) an application mentioned in item 1, 2, 3, 4, 6, 8, 9 or 10; or (b) a response mentioned in item 5; or (c) a subpoena |
$125 |
|
11 |
Setting down for hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage |
(a) for hearing before a Judge of a Family Court--$890 (b) for hearing before a Judge of the Federal Circuit Court--$655 (c) for hearing before a magistrate--$655 |
|
12 |
Setting down for hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage |
(a) for hearing before a Judge of a Family Court--$890 (b) for hearing before a Judge of the Federal Circuit Court--$655 (c) for hearing before a magistrate--$655 |
|
13 |
Setting down for hearing of an application for final orders, if defended, in eligible financial or parenting proceedings |
(a) for hearing before a Judge of a Family Court--$890 (b) for hearing before a Judge of the Federal Circuit Court--$655 (c) for hearing before a magistrate--$655 |
|
14 |
Setting down for hearing in an appeal under section 96 of the Family Law Act from a decree of a court of summary jurisdiction |
$890 |
|
15 |
Hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage--for each hearing day or part of a hearing day, other than the first hearing day |
(a) for hearing before a Judge of a Family Court--$890 (b) for hearing before a Judge of the Federal Circuit Court--$655 (c) for hearing before a magistrate--$655 |
|
16 |
Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage--for each hearing day, or part of a hearing day, other than the first hearing day |
(a) for hearing before a Judge of a Family Court--$890 (b) for hearing before a Judge of the Federal Circuit Court--$655 (c) for hearing before a magistrate--$655 |
|
17 |
Hearing of an application for final orders, if defended, in eligible financial or parenting proceedings--for each hearing day or part of a hearing day, other than the first hearing day |
(a) for hearing before a Judge of a Family Court--$890 (b) for hearing before a Judge of the Federal Circuit Court--$655 (c) for hearing before a magistrate--$655 |
|
18 |
Hearing in an appeal under section 96 of the Family Law Act from a decree of a court of summary jurisdiction--for each hearing day or part of a hearing day, other than the first hearing day |
$890 |
|
19 |
For issuing a subpoena |
$125 |
|
20 |
For a conciliation conference in proceedings for an order under Part VIII or VIIIAB of the Family Law Act |
$415 |
Note: The fees mentioned in this Schedule are subject to increase under section 2.13.
Part 2 -- Application of amendments
Family Law (Fees) Regulation 2012
8 After Part 2
Insert:
Part 3 -- Transitional provisions
The amendments made by Part 1 of Schedule 1 to the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015 (the amending regulation ) apply in relation to the liability of a person to pay any of the following fees:
(a) a filing fee for filing a document after the commencement of the amending regulation;
(b) a setting down fee for a hearing if the hearing day is fixed after the commencement of the amending regulation;
(c) a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed after the commencement of the amending regulation;
(d) a conciliation conference fee for a conference the date for which is fixed after the commencement of the amending regulation;
(e) any other fee under this regulation for a service that is provided in relation to a proceeding after the commencement of the amending regulation.