Family Law Amendment (Scale of Costs) Rules 2013

Link to law: https://www.comlaw.gov.au/Details/F2013L02132

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Family Law Amendment (Scale of Costs) Rules 2013
 
Select Legislative Instrument No. 282, 2013
We, Judges within the meaning of the Family Law Act 1975, make the following Rules of Court under that Act.
Dated 16 December 2013
 
D Bryant CJ
J Faulks DCJ
M May J
S Strickland J
A Ainslie-Wallace J
Ryan J
P Murphy J
G Bell J
J Stevenson J
G Watts J
R Benjamin J
V Bennett J
S Austin J
M Cleary J
W Johnston J
I Loughnan J
C Forrest J
M Kent J
K Macmillan J
A Rees J
M Aldridge J
J Hogan J
D Berman J
G Foster J
C Thornton J
H Hannam J
 
 
Judges of the Family Court
of Australia
J Crisford J
S Moncrieff J
J Walters J
S Duncanson J
 
 
Judges of the Family Court
of Western Australia
PR Angela Filippello
Principal Registrar
Family Court of Australia
PR David Monaghan
Principal Registrar
Family Court of Western Australia
  
  
Contents
1............ Name of Rules.................................................................................... 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Family Law Rules 2004                                                                                              2
 
1  Name of Rules
                   These Rules are the Family Law Amendment (Scale of Costs) Rules 2013.
2  Commencement
                   These Rules commence on 1 January 2014.
3  Authority
                   These Rules are made under the Family Law Act 1975.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Family Law Rules 2004
1  Schedule 3
Repeal the Schedule, substitute:
Schedule 3—Itemised scale of costs
Note 1:    See rule 19.18 and clause 6.19 of Schedule 6.
Note 2:    This Schedule applies generally to work done on or after 1 January 2014. Different amounts, set out in superseded versions of this Schedule, may continue to apply to work done before that date.
Note 3:    The amounts in this Schedule include GST.
Part 1—Costs allowable for lawyer’s work done and services performed
 
Costs—lawyer’s work

Item
Matter for which charge is made
Cost

101
Drafting a document (other than a letter)
$19.14 per 100 words

102
Producing a document (other than a letter) in printed form
$6.54 per 100 words

103
Drafting and producing a letter (including a fax or an email)
$21.99 per 100 words

104
Reading a document
$8.96 per 100 words

105
Scanning a document (where reading is not necessary)
$3.53 per 100 words

106
For a document or letter mentioned in item 101, 102, 103, 104 or 105 containing more than 3 000 words
The amount allowed by the Registrar

107
Photocopy or other reproduction of a document
76 cents per page

108
Time reasonably spent by a lawyer on work requiring the skill of a lawyer (except work to which any other item in this Part applies)
$224.50 per hour

109
Time reasonably spent by a lawyer, or by a clerk of a lawyer, on work (except work to which any other item in this Part applies)
$145.56 per hour

Note:       See rule 19.43 in relation to item 104.
Part 2—Costs allowable for counsel’s work done and services performed
 
Costs—counsel’s work

Item
Matter for which charge is made
Cost—senior counsel
Cost—junior counsel

201
Chamber work (including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed))
$431.75–$740.16 per hour
$257.78–$367.63 per hour

202
Attendance at a conference (including a court‑appointed conference), if necessary
$431.75–$740.16 per hour
$257.78–$367.63 per hour

203
Attendance of less than 3 hours (for example, a procedural hearing or a summary hearing)
$431.75–$3 083.81
$230.61–$1 080.57

204
A hearing or trial taking at least 3 hours but not more than 1 day
$801.80–$6 168.21
$764.52–$1 767.20

205
Other hearings or trials
$2 035.41–$6 168.21 per day
$1 821.99–$2 678.06 per day

206
Reserved judgment
$431.75–$740.16 per hour
$257.78–$367.63 per hour

 
Part 3—Basic composite amount for undefended divorce
 
Costs—undefended divorce

Item
Matter for which charge is made
Cost

301
If the lawyer employed another lawyer to attend at court for the applicant and there is a child of the marriage under 18
$948.20

302
If the lawyer employed another lawyer to attend at court for the applicant and there is no child of the marriage under 18
$705.46

303
If the lawyer did not employ another lawyer to attend at court for the applicant and there is a child of the marriage under 18
$890.19

304
If the lawyer did not employ another lawyer to attend at court for the applicant and there is no child of the marriage under 18
$666.11

305
If the lawyer did not attend at court for the hearing under section 98A of the Act
$573.14

 
Part 4—Basic composite amount for request for Enforcement Warrant or Third Party Debt Notice
 
Costs—Enforcement Warrant or Third Party Debt Notice

Item
Matter for which charge is made
Cost

401
An Enforcement Warrant under rule 20.16
$573.14

402
A Third Party Debt Notice under rule 20.32
$573.14