Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 16

16. (1) Subject to sub-rule (2), fees paid to counsel briefed to appear for a
party in proceedings are disbursements properly incurred for the proceedings
if-

   (a)  the briefing of counsel to appear in the proceedings-

        (i)    was certified by the court as having been reasonably required;
               or

        (ii)   had been requested in writing by that party; and

   (b)  the fees are fair and reasonable.

(2) Fees paid to counsel briefed to appear for the applicant at a hearing of
undefended proceedings for a decree of dissolution of marriage are not
disbursements properly incurred for the proceedings unless-

   (a)  the brief was delivered to counsel after the hearing of the
        proceedings had been adjourned by the court; and

   (b)  at the time of the adjournment, the court informed the applicant that
        the court, having regard to all the circumstances-

        (i)    was not satisfied that proper arrangements had been made for
               the welfare of children of the marriage who had not attained
               the age of 18 years; or

        (ii)   would not be prepared to make the decree sought on the evidence
               then before the court.