Donate Child Support Calculator
Skip navigation

Family Court to relinquish costs regulation

Family Court to relinquish costs regulation
28 April 2008

The Family Court will no longer regulate lawyer/client costs, under amendments to the Family Law Rules which come into effect on 1 July.

According to the Explanatory Statement to the Family Law Amendment Rules 2008 (No 1), the major changes introduced by the amendments to the rules are:

Amendments commencing on 1 May 2008

The Family Court will no longer regulate lawyer/client costs, under amendments to the Family Law Rules which come into effect on 1 July.

1.         These amendments restate the requirement to file an affidavit in connection with certain applications, omit the former special filing rule for chapter 16A appeals and amend the bankruptcy rules to accord with recent amendments to the Federal Court's rules.
Amendments commencing on 1 July 2008


1.         To amend the costs rules so that the Family Court will no longer regulate lawyer/client costs for;

(a)       all fresh applications (to be defined in the dictionary) commenced after 30 June 2008;

(b)       where a lawyer is first retained by a client after 30 June 2008, even if the case in which the lawyer is retained to act is pending on 30 June 2008;

©        where a lawyer and client agree in writing, and free from undue influence, that the old costs rules no longer apply to their financial relationship.


2.         Provisions for the new arrangements are in a re-worked Chapter 19 and the Rules to operate for all cases pending or ongoing as at 30 June 2008 (subject to certain exemptions), in a new Schedule 6 to the Rules.


3.         To include a new formula for calculating the interest rate in Rule 17.03
The amendments will be consolidated in a forthcoming update.

The Family Law Amendment Rules 2008 (No 1) are attached below.


Attachment
The Family Law Amendment Rules 2008 (No 1)

Recent Tweets