Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW RULES (AMENDMENT) 1993 NO. 51

STATUTORY RULES 1993 No. 51

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 121 (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 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 the percentage recommended by the Federal Costs Advisory Committee.

Rule 4 provides that the new Schedule 2 as set out in rule 3 only applies in relation to work done and services performed on or after 1 May 1593. The existing Schedule 2 still applies in relation to work done and services performed on or after 2 March 1992 and before 1 May 1993.