Commonwealth Numbered Regulations

1983 No. 243 FAMILY LAW REGULATIONS (AMENDMENT) - REG 1

After Part XX of the Family Law Regulations the following Part is inserted:
"PART XXA-COSTS PAYABLE BY RELEVANT AUTHORITIES Application of Part

"196A. This Part applies to and in relation to work done by a solicitor acting
in a matter arising under the Act, or these Regulations, being a matter-

   (a)  that was referred by a relevant authority to the solicitor on or after
        1 November 1983; and

   (b)  in respect of which no work was done by the solicitor before that
        date. Interpretation

"196B. (1) In this Part, 'relevant authority' has the same meaning as in
section 116C of the Act.

"(2) A reference in this Part to a basic composite amount, in respect of a
solicitor acting in a matter, shall be read as a reference to an amount
payable in respect of-

   (a)  all attendances;

   (b)  preparing documents;

   (c)  perusing relevant documents furnished by the solicitor's client or
        documents in reply;

   (d)  furnishing the solicitor's client with copies of any decree or order
        obtained; and

   (e)  all other necessary procedural steps in the matter, other than an
        amount payable in respect of an attendance at a conference held in
        pursuance of an order made under regulation 96.

"(3) A reference in paragraph (2) (a) to an attendance, in respect of
attendance at court for the hearing of a matter, shall be read as an
attendance for a period that does not exceed 1 hour. Undefended proceedings
for dissolution

"196C. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, undefended proceedings for a
decree of dissolution of marriage, is-

   (a)  if there is a child of the marriage who had not attained the age of 18
        years-$297; or

   (b)  in any other case-$227. Proceedings for order under section 64 of the
        Act

"196D. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, proceedings in which an order is
sought, under section 64 of the Act, in the Family Court, a State Family Court
or the Supreme Court of a State or Territory, is $270. Proceedings for order
under section 74, 78, 79 or 83 of the Act

"196E. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, proceedings in which an order is
sought, under section 74, 78, 79 or 83 of the Act, in the Family Court, a
State Family Court or the Supreme Court of a State or Territory, is $232.
Proceedings for order under section 114 of the Act

"196F. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, proceedings in which an order is
sought, under section 114 of the Act, in the Family Court, a State Family
Court or the Supreme Court of a State or Territory, is $292. Proceedings in
court of summary jurisdiction

"196G. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, proceedings in which an order is
sought, under section 64, 74, 78, 79, 83 or 114 of the Act, in a court of
summary jurisdiction, is $168. Maintenance agreements

"196H. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, proceedings in respect of an
agreement under section 86 or 87 of the Act, is-

   (a)  where the proceedings are brought in the Family Court, a State Family
        Court or the Supreme Court of a State or Territory-

        (i)    in the case of an agreement under section 86 of the Act-$176;
               and

        (ii)   in the case of an agreement under section 87 of the Act-$232;
               and

   (b)  where the proceedings are brought in a court of summary jurisdiction-

        (i)    in the case of an agreement under section 86 of the Act-$112;
               and

        (ii)   in the case of an agreement under section 87 of the Act-$168.
               Contempt proceedings

"196J. (1) Subject to sub-regulation (2) and to regulation 196P, the basic
composite amount that may be paid by a relevant authority to a solicitor
acting in a matter included in the following class of matters, that is to say,
proceedings for contempt under section 35 of the Act, is-

   (a)  where the proceedings are brought in the Family Court, a State Family
        Court or the Supreme Court of a State or Territory-$292; and

   (b)  where the proceedings are brought in a court of summary
        jurisdiction-$168.

"(2) Where the proceedings for contempt arise out of existing proceedings and
are instituted during the course of those proceedings-

   (a)  sub-regulation (1) does not apply; and

   (b)  the amount that may be paid to a solicitor acting in the existing
        proceedings is increased by an amount calculated at the rate of $56
        per hour in respect of the time spent by the solicitor on the contempt
        proceedings. Application for leave to proceed out of time

"196K. Subject to regulation 196P, the basic composite amount that may be paid
by a relevant authority to a solicitor acting in a matter included in the
following class of matters, that is to say, an application under sub-section
44 (3) of the Act, is-

   (a)  where the proceedings are brought in the Family Court, a State Family
        Court or the Supreme Court of a State or Territory-$232; or

   (b)  where the proceedings are brought in a court of summary
        jurisdiction-$168. Conference under regulation 96

"196L. (1) The amount that may be paid by a relevant authority to a solicitor
acting in a matter included in the following class of matters, that is to say,
a conference held in pursuance of an order made under regulation 96, is an
amount calculated at the rate of $56 per hour in respect of the time spent by
the solicitor at the conference.

"(2) A reference in sub-regulation (1) to time spent by a solicitor at a
conference-

   (a)  includes time spent by the solicitor waiting at court while his client
        is taking part in the conference; and

   (b)  does not include time spent by the solicitor waiting for the
        conference to begin. Acting in other matters

"196M. (1) The amount that may be paid by a relevant authority to a solicitor
acting in a matter included in the following class of matters, that is to say-

   (a)  defended proceedings for a decree of dissolution of marriage;

   (b)  proceedings in which an order is sought under section 65 or 92 of the
        Act;

   (c)  proceedings in which the solicitor is acting for a child who is
        separately represented by virtue of an order made under section 65 of
        the Act;

   (d)  proceedings in which the solicitor is acting for a person who has been
        granted an order under section 92 of the Act;

   (e)  proceedings under the Act or these Regulations in which the solicitor
        is acting for the respondent to those proceedings; or

   (f)  any other proceedings under the Act or these Regulations, being
        proceedings in respect of which no amount is otherwise fixed by these
        Regulations, is an amount calculated at the rate of $56 per hour in
        respect of the time that, in the opinion of the relevant authority,
        was reasonably spent by the solicitor on the matter.

"(2) In determining whether it is reasonable for a solicitor to have spent
time on a matter, the relevant authority shall have regard to the work
performed in the matter by the solicitor and the work that is ordinarily
performed in the class of matters in which the matter is included. Proceedings
that could have been instituted together

"196N. Where proceedings of a kind referred to in regulation 196D, 196E, 196F,
196G, 196H or 196J were, or could reasonably have been, instituted by a
solicitor on behalf of a person in receipt of legal assistance at the same
time as other proceedings of the kind referred to in one of those regulations
were instituted by the solicitor on behalf of that person, there may be paid
to the solicitor an amount equal to the higher or highest of the basic
composite amounts that may, but for this regulation, have been paid to the
solicitor in respect of the proceedings. Additional fees

"196P. (1) In this regulation, 'prescribed time', in relation to a matter,
means-

   (a)  where proceedings in the matter are brought in the Family Court, a
        State Family Court or the Supreme Court of a State or Territory-a
        total of 1 hour in court together with not more than 4 hours' work of
        a legal professional nature otherwise than in court; and

   (b)  where proceedings in the matter are brought in a court of summary
        jurisdiction-a total of 1 hour in court together with not more than 2
        hours' work of a legal professional nature otherwise than in court.

"(2) Where-

   (a)  the time spent by a solicitor on a matter exceeds the prescribed time
        in respect of that matter; and

   (b)  the relevant authority is of the opinion that it is reasonable for the
        solicitor to have spent that time on the matter, there may be paid to
        the solicitor an amount calculated at the rate of $56 per hour in
        respect of the additional time spent on the matter.

"(3) In determining whether it is reasonable for a solicitor to have spent
time on a matter, the relevant authority shall have regard to the work
performed in the matter by the solicitor and the work that is ordinarily
performed in the class of matters in which the matter is included. Solicitor
acting as counsel

"196Q. Where-

   (a)  a relevant authority has, before the hearing of a matter, approved the
        briefing of counsel to appear in the proceedings on the grounds that
        it is a matter in respect of which it would be reasonable to brief
        counsel so to appear; and

   (b)  the solicitor acting in the matter acts as counsel at the hearing of
        the matter, there may be paid to the solicitor an amount calculated at
        the rate of $70 per hour in respect of the time after the first hour
        during which the solicitor so acts as counsel. Reduction in payment
        where agent employed

"196R. Where a solicitor acting in a matter employs another solicitor as his
agent to instruct counsel or to appear personally for the applicant in the
matter, the basic composite amount that may otherwise be paid to the solicitor
in respect of that matter shall be reduced by the sum of $56. Instructing
counsel

"196S. Where-

   (a)  a solicitor instructs counsel to appear at the hearing of a matter;
        and

   (b)  the hearing exceeds one hour in duration, there may be paid to the
        solicitor-

   (c)  in respect of the first day of the hearing-

        (i)    in respect of each of the first 2 hours after the first hour-an
               amount calculated at the rate of $47 per hour;

        (ii)   where the hearing is of 4 hours' duration-an amount of $116;

        (iii)  where the hearing is of 5 hours' duration-$151; or

        (iv)   where the hearing exceeds 5 hours in duration-an amount of
               $151, together with an amount calculated at the rate of $47 per
               hour for each hour in excess of 5; and

   (d)  in respect of the second day, and any subsequent day, of the hearing-

        (i)    in respect of each of the first 2 hours-an amount calculated at
               the rate of $47 per hour;

        (ii)   where the hearing is of 3 hours' duration-an amount of $116;

        (iii)  where the hearing is of 4 hours' duration-an amount of $151;

        (iv)   where the hearing is of 5 hours' duration-an amount of $187; or

        (v)    where the hearing exceeds 5 hours in duration-an amount of
               $187, together with an amount calculated at the rate of $47 per
               hour for each hour in excess of 5. Travelling allowance

"196T. Where-

   (a)  a solicitor uses his own vehicle to attend the hearing of a matter
        included in a class of matters arising under the Act or these
        Regulations; and

   (b)  the place of the hearing is situated 35 kilometres or more from the
        usual place of practice of the solicitor, the amount that may be paid
        to the solicitor under this Part in respect of the matter shall be
        increased by an amount calculated at the rate of 35 cents a kilometre
        in respect of each kilometre travelled by the solicitor for the
        purpose of attending the hearing of the matter. Waiting time

"196U. (1) Where-

   (a)  a solicitor is required to wait at court for the hearing of a matter
        in which the solicitor is appearing for a person in receipt of legal
        assistance
(in this regulation called the "relevant matter") for a period that exceeds 2
hours; and

   (b)  it was, in the opinion of the relevant authority, reasonable for the
        solicitor so to wait, there may be paid to the solicitor an amount
        calculated at the rate of $56 per hour in respect of the time spent
        waiting in excess of 2 hours.

"(2) Where-

   (a)  there would, but for this sub-regulation, be payable to a solicitor an
        amount calculated in accordance with sub-regulation (1); and

   (b)  the solicitor was required to wait at court for the hearing of more
        than one matter, the amount that may be paid to the solicitor in
        respect of each matter that is a relevant matter is an amount that
        bears the same proportion to the amount that would, but for this
        sub-regulation, have been payable to the solicitor as the number 1
        bears to the total number of matters in respect of which the solicitor
        was required to wait.

"(3) In determining whether it was reasonable for a solicitor to wait at court
for the hearing of a matter, the relevant authority shall have regard to-

   (a)  the number of other matters, if any, listed for hearing by the court
        on that day, being matters in which the solicitor was to appear;

   (b)  whether any of the matters so listed were matters in which the
        solicitor was appearing for a person in receipt of legal assistance;

   (c)  the time at which the solicitor arrived at court;

   (d)  the position held by the relevant matter on the list of matters for
        hearing by the court on that day;

   (e)  the time at which the hearing of the relevant matter commenced; and

   (f)  such other matters as it considers relevant. Settled or discontinued
        proceedings

"196V. (1) Where-

   (a)  proceedings of a kind referred to in regulation 196C, 196D, 196E,
        196F, 196G, 196H, 196J or 196K are settled or discontinued before
        hearing; and

   (b)  the court in which the proceedings were to be heard has not made any
        order in respect of the proceedings, there may be paid by the relevant
        authority to the solicitor an amount calculated at the rate of $56 per
        hour in respect of the time that, in the opinion of the relevant
        authority, was reasonably spent by the solicitor on the matter.

"(2) In determining whether it is reasonable for a solicitor to have spent
time on a matter, the relevant authority shall have regard to the work
performed in the matter by the solicitor and the work that is ordinarily
performed in the class of matters in which the matter is included.
Disbursements

"196W. The amount that may be paid by a relevant authority by way of
disbursements to a solicitor acting in a matter included in a class of matters
arising under the Act or these Regulations-

   (a)  includes all amounts in respect of disbursements that were properly
        incurred for the purposes of and incidental to the proceedings;

   (b)  where the amount includes an amount in respect of agent's fees-shall
        be calculated at the rate of $56 per hour in respect of the time spent
        by the agent in work of a legal professional nature on the matter; and

   (c)  does not include an amount in respect of counsel's fees unless the
        relevant authority has, before the hearing of the matter, approved the
        briefing of counsel to appear in the proceedings on the grounds that
        the briefing of counsel in the matter was reasonably required.".