Commonwealth Numbered Regulations

1988 No. 44 FAMILY LAW REGULATIONS (AMENDMENT) - REG 2

2. Regulation 11 of the Family Law Regulations is amended by omitting
subregulation (4) and substituting the following subregulations:

"(4) The court fee referred to in subregulation (1) is not payable if:

   (a)  the fee has been paid in respect of the proceedings by a party other
        than the applicant;

   (b)  the marriage to which the relevant application relates has been
        dissolved or annulled under the Act or the repealed Act;

   (c)  the applicant has been granted, in relation to the proceedings, legal
        aid from a legal aid scheme or service approved by the
        Attorney-General; or

   (d)  the Registrar of the court in the office of which the relevant
        application is filed is satisfied that the payment of the fee would
        impose hardship on the applicant.

"(5) Where the court fee referred to in subregulation (1) has been paid, being
a fee that is not payable for the reasons specified in paragraph (4) (a), (b)
or (c), the Registrar shall refund to the applicant or other person who has
paid the fee the full amount of the fee.".