Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW RULES (AMENDMENT) 1992 NO. 45

STATUTORY RULES 1992 No. 45

Issued by the authority of the Judges of Family Court of Australia

AMENDMENT OF THE FAMILY LAW RULES

Section 123 of the Family Law Act 1975 provides that the Judges of the Family Court of Australia, or a majority of them, may make Rules of Court providing for the practice and procedure to be followed In the Family Court and other courts exercising jurisdiction under the Family Law Act.

Section 123 (2) of the Family Law Act provides that sections 48 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to the Rules of Court as If references In those sections to regulations were references to Rules of Court.

The present Family Law Rules came into operation on 2 January 1985. They have been regularly reviewed since that date.

DETAILS OF THE PROVISIONS

Rule 1 provides the commencement date.

Rule 2 Is a machinery provision.

Rule 3 amends 038 rule 4 by increasing the basic composite amounts that can be charged for undefended dissolution proceedings. The amounts have been increased by 2.92% as recommended by the Federal Costs Advisory Committee.

Rule 4 amends Schedule 2 Scale of Costs (Including Counsel's Fees) by increasing the amounts that can be charged by solicitors In Family Law proceedings. Each of the items in the scale have been increased by 2.92% as recommended by the Federal Costs Advisory Committee.

Rule 5 provides that the increase to the basic composite amounts set out In Rule 3 for undefended dissolution proceedings only apply in relation to proceedings commenced on or after 2 March 1992. Where undefended dissolution proceedings commenced on or after 5 November 1996 and before 2 March 1992 the basic composite amounts are to remain as set out in the existing provisions In Order 38 rule 4.

Rule 5.2 provides that the new Schedule 2 as set out in rule 4 only applies in relation to work done and services performed an or after 2 March 1992. The existing Schedule 2 still applies in relation to work done and services performed on or after 5 November 1990 and before 2 March 1992.