Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) 1995 NO. 419

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 419

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

FAMILY LAW ACT 1975

FAMILY LAW REGULATIONS (AMENDMENT)

Paragraph 125(1)(c) of the Family Law 1975 (the Act) provides that the Governor-General may make regulations prescribing court fees to be payable in respect of proceedings under the Act.

Regulation 11 of the Family Law Regulations provides for that a fee court fee of $300 is payable in respect of proceedings for a decree of dissolution or of nullity of marriage.

Regulation 16 of the Family Law Regulations provides that a court fee of $500 is payable in respect of an appeal under section 94 of the Act.

These fees have not been increased since 1989. The purpose of the proposed Regulations is to increase these fees, in accordance with consumer price increases since 1989.

Details of the Regulations are as follows:

Regulation 1 - Commencement

Regulation 1 provides for the Regulations to commence on 1 January 1996.

Regulation 2 - Amendment

Regulation 2 provides for the Family Law Regulations to be amended as set out in these Regulations.

Regulation 3 - Regulation 11 (Fee in respect of proceedings for divorce or nullity)

Regulation 3 omits $300 and substitutes $368.

Regulation 4 - Regulation 16 (Fee in respect of appeals)

Regulation 4 omits $500 and substitutes $616.

These Regulations commence on 1 January 1996.


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