Commonwealth Numbered Regulations

FAMILY LAW AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 319 - SCHEDULE 1

(regulation 3)

[1] After regulation 15

insert

15AA Third party expenses (Act s 90AJ)

(1)

For subsection 90AJ (4) of the Act, this regulation provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ (2) in relation to those expenses.

(2)

A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.

(3)

Without limiting subregulation (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.

Examples
Expenses incurred for any of the following matters could be covered in the fees charged by the third party:
* legal and registration fees
* valuation fees
* government charges and duties
* searching, obtaining and producing documents
* postage, delivery, transport or other transmission of documents
* communications with the parties to the marriage or another person.

(4)

Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.

(5)

Jurisdiction is conferred on a court having jurisdiction under the Act:

(a)

to decide whether fees charged by a third party under subregulation (2) are reasonable; and

(b)

to make an order in relation to the collection or recovery of such reasonable fees.