Commonwealth Numbered Regulations - Explanatory Statements

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FAMILY LAW REGULATIONS (AMENDMENT) (AMENDMENT) 1996 NO. 201

STATUTORY RULES 1996 No. 201

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

FAMILY LAW ACT 1975

FAMILY LAW REGULATIONS (AMENDMENT) (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.

Current subparagraph 11(1)(c)(i) of the Family Law Regulations, which was introduced in the Family Law Regulations (Amendment) [Statutory Rules 1996 No. 188] and commenced on 1 September 1996, provides for a filing fee of $250 for any application, in relation to financial or Part VII proceedings, other than an application for consent orders or for registration of a parenting plan or a maintenance agreement.

It would appear that the wording of subparagraph 11 (1)(c)(i) may have unintended consequences and be interpreted as applying to a range of situations, such as the filing of an application using Form 8 seeking interim or procedural orders, to which it was not intended to apply.

The purpose of the proposed Regulations is clarify subparagraph 11 (1)(c)(i).

Details of the Regulations are as follows:

Regulation 1 - Commencement

Regulation 1 provides for that the Regulations are taken to have commenced on 1 September 1996, which is when the Family Law Regulations (Amendment) that these Regulations are amending commenced.

As the Regulations do not affect the rights of a person so as to disadvantage that person, and in fact only disadvantage the Commonwealth, the Regulations do not offend s.48(2) of the Acts Interpretation Act 1901.

Regulation 2 - Amendment

Regulation 2 provides for the Family Law Regulations (Amendment) (being Statutory Rules 1996 No. 188) to be amended as set out in these Regulations.

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

Subregulation 3.1 omits existing subparagraph 11 (1)(c)(i) and substitutes new subparagraph 11 (1)(c)(i).

New subparagraph 11 (1)(c)(i) provides that a filing fee of $250 is payable for each of the following applications:

*       an application for Final orders (Form 7 under the current Rules of Court); and

*       a Response to an application for Final orders (Form 7A under the current Rules of Court).

Given that new subparagraph 11 (1)(c)(i) refers to the specific applications which attract fees, it is no longer necessary to specifically exempt applications for consent orders, registration or parenting plans or registration of maintenance agreements as was done in the previous subparagraph 11 (1)(c)(i).

Subregulation 3.2 corrects a drafting error.

These Regulations are taken to have commenced on 1 September 1996.