Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 17

17. (1) Rule 16 does not apply in relation to a solicitor in respect of a
hearing of proceedings at which the solicitor acts as counsel.

(2) Subject to sub-rule (3), a solicitor may charge fair and reasonable fees
for acting as counsel at a hearing of proceedings if the court-

   (a)  having regard to the matters raised in the proceedings, certifies that
        it would have been reasonable for the solicitor to have briefed
        counsel had not the solicitor so acted; and

   (b)  having regard to the solicitor's skill in the conduct of the
        proceedings, certifies that the solicitor may charge additional fees
        for so acting.

(3) A solicitor may not charge fees for acting as counsel at a hearing of
undefended proceedings for a decree of dissolution of marriage unless-

   (a)  a 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.