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NEWSFLASH Update Federal Courts Legislation Amendment (Fees) Regulation 2015 Cancelled

Revised position - alert

You will be aware that the Federal Court Legislation Amendment (Fees) Regulation 2015 were to come into effect on 1 July 2015.  Schedule 2 of the Regulations was to amend the Family Law (Fees) Regulation 2012 by:
  • Increasing the fee for divorce applications, consent orders, issuing subpoenas and most other family law fees, and
  • Establishing a new fee for the filing of amended applications.
The Senate has this afternoon voted in favour of a motion to disallow Schedule 2, the effect of which is that there will be no change to these fees on 1 July.
 
The new fee structures are now available and in operation from July 1.

Federal Courts Legislation Amendment (Fees) Regulation 2015

Part 2—Application of amendments
Federal Court and Federal Circuit Court Regulation 2012
12  Part 5 (heading)
Repeal the heading, substitute:
Part 5—Transitional provisions
13  At the end of Part 5
Add:
5.03  Transitional provisions relating to the Federal Courts Legislation Amendment (Fees) Regulation 2015
                   The amendments made by Part 1 of Schedule 1 to the Federal Courts Legislation Amendment (Fees) Regulation 2015 apply in relation to the liability of a person to pay any of the following fees:
                     (a)  a filing fee for filing a document on or after 1 July 2015;
                     (b)  a setting down fee for a hearing if the hearing day is fixed on or after 1 July 2015;
                     ©  a hearing fee for a day, or a part of a day, if the day (or part of the day) is fixed on or after 1 July 2015;
                     (d)  a mediation fee for an attendance that is fixed on or after 1 July 2015;
                     (e)  any other fee under this regulation for a service that is provided in relation to a proceeding on or after 1 July 2015.
Schedule 2—Amendment of the Family Law (Fees) Regulation 2012

Part 1—Main amendments
Family Law (Fees) Regulation 2012
1  Section 1.03 (definition of filing fee)
Omit “10A”, substitute “10B”.
2  Section 1.03 (definition of magistrate)
Repeal the definition.
3  At the end of section 1.04
Add:
Note 3:       See also Part 3 for other transitional provisions.
4  Subsection 2.13(1)
Omit “1 July 2014”, substitute “1 July 2016”.
5  Subsections 2.13(2), (5) and (6)
Repeal the subsections.
6  Subsection 2.13(7) (heading)
Repeal the heading.
7  Schedule 1
Repeal the Schedule, substitute:
Schedule 1—Fees
Note:       See section 2.02.

                   The following table sets out fees payable for:
                     (a)  the filing of a document; or
                     (b)  certain services provided in relation to a proceeding.
 
Fees
Item Document or service Fee
1 Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 2 applies (a) general fee—$1 195
(b) reduced fee—$395
2 Filing an application in proceedings for a divorce order:
(a) commenced in a court mentioned in paragraph 10A(a) or © of the Family Law Regulations 1984; or
(b) commenced in another court for transfer to a court mentioned in paragraph 10A(a) or © of those Regulations; or
© commenced in the Federal Circuit Court
(a) general fee—$1 195
(b) reduced fee—$280
3 Filing an application in proceedings for a declaration about the validity of a marriage, a divorce or the annulment of a marriage $1 315
4 Filing an application for final orders in eligible financial or parenting proceedings, other than an application under the Trans‑Tasman Proceedings Act 2010 $350
5 Filing a response to an application for final orders in eligible financial or parenting proceedings $350
6 Filing an application for a consent order $235
7 Filing an appeal under section 94 or 94AAA of the Family Law Act, unless leave to appeal is required and the fee mentioned in item 8 has been paid $1 400
8 Filing an application for leave to appeal under section 94 or 94AAA of the Family Law Act $1 400
9 Filing:
(a) an interim order application; or
(b) an application under the Trans‑Tasman Proceedings Act 2010, other than an application mentioned in item 10A
$120
10 Filing an application for both an order under Part VII of the Family Law Act and an order under any of the following:
(a) Part VIII of that Act (other than a spousal maintenance order);
(b) Part VIIIA of that Act;
© Part VIIIAB of that Act (other than an order for the maintenance of a party to a de facto relationship)
$585
10A Filing an application to register a New Zealand judgment under the Trans‑Tasman Proceedings Act 2010 $110
10B Filing an amendment of:
(a) an application mentioned in item 1, 2, 3, 4, 6, 8, 9 or 10; or
(b) a response mentioned in item 5; or
© a subpoena
$120
11 Setting down for hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage (a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
© for hearing before a magistrate—$650
12 Setting down for hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage (a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
© for hearing before a magistrate—$650
13 Setting down for hearing of an application for final orders, if defended, in eligible financial or parenting proceedings (a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
© for hearing before a magistrate—$650
14 Setting down for hearing in an appeal under section 96 of the Family Law Act from a decree of a court of summary jurisdiction $885
15 Hearing in proceedings for a divorce order, if defended, in relation to a marriage or a decree of nullity of marriage—for each hearing day or part of a hearing day, other than the first hearing day (a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
© for hearing before a magistrate—$650
16 Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage—for each hearing day, or part of a hearing day, other than the first hearing day (a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
© for hearing before a magistrate—$650
17 Hearing of an application for final orders, if defended, in eligible financial or parenting proceedings—for each hearing day or part of a hearing day, other than the first hearing day (a) for hearing before a Judge of a Family Court—$885
(b) for hearing before a Judge of the Federal Circuit Court—$650
© for hearing before a magistrate—$650
18 Hearing in an appeal under section 96 of the Family Law Act from a decree of a court of summary jurisdiction—for each hearing day or part of a hearing day, other than the first hearing day $885
19 For issuing a subpoena $120
20 For a conciliation conference in proceedings for an order under Part VIII or VIIIAB of the Family Law Act $410

Note:       The fees mentioned in this Schedule are subject to increase under section 2.13.

Attachment
Federal Courts Legislation Amendment (Fees) Regulation 2015 - The Fees

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