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FAMILY LAW (FEES) REGULATION 2012 (SLI NO 279 OF 2012) - REG 2.06

Reduced fee for filing application for divorce or nullity of marriage order

         (1)   If:

                (a)    a fee mentioned in item 1 or 2 of Schedule 1 is payable by a person in relation to a proceeding; and

               (b)    the person is exempt under section 2.04 from paying any other fees mentioned in Schedule 1;

the person may pay the reduced fee mentioned in the item instead of the fee that would otherwise be payable.

         (2)   If:

                (a)    a fee mentioned in item 1 or 2 of Schedule 1 is payable by an individual in relation to a proceeding; and

               (b)    in the opinion of a Registrar or an authorised officer of the relevant court at the time the fee is payable, the payment of the fee would cause financial hardship to the individual;

the Registrar or authorised officer may determine that the individual may pay the reduced fee mentioned in the item instead of the fee that would otherwise be payable.

         (3)   In considering whether payment of a fee would cause financial hardship to an individual, the Registrar or authorised officer must consider the individual's income, day-to-day living expenses, liabilities and assets.

Note    A decision of a Registrar or an authorised officer under subsection (2) is reviewable by the AAT: see section 2.14.



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