Family Law Amendment Regulations 2010 (No. 2)1
Select Legislative Instrument 2010 No. 165
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Family Law Act 1975.
Dated 29 June 2010
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
ROBERT McCLELLAND
Attorney-General
1              Name of Regulations
                These Regulations are the Family Law Amendment Regulations 2010 (No. 2).
2              Commencement
                These Regulations commence on 1 July 2010.
3              Amendment of Family Law Regulations 1984
                Schedule 1 amends the Family Law Regulations 1984.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulations 11 (1), (1AA) and (1A)
substitute
         (1)   Subject to subregulation (7), Parts 1 and 2 of Schedule 1AA set out the fees payable in proceedings under the Act as follows:
                (a)    Part 1 — proceedings in the Family Court of Australia;
               (b)    Part 2 — proceedings other than proceedings in the Family Court of Australia or the Federal Magistrates Court.
Note   The fees mentioned in Schedule 1AA are subject to increase under Part IIAA.
[2]           Subregulation 11 (5)
substitute
         (5)   Subject to subregulation (7), a registrar must not accept an application for filing in the office of a court unless any filing fee for the application mentioned in Schedule 1AA has been paid.
[3]           Subregulation 11 (6)
omit everything before paragraph (a), insert
         (6)   Subject to subregulation (7), if, in relation to a proceeding, a hearing fee mentioned in Schedule 1AA is unpaid:
[4]           Subregulation 11 (7)
omit
referred to in subregulation (1), (1AA) or (1A)
insert
mentioned in Schedule 1AA, other than a fee mentioned in item 110 or 210,
[5]           Paragraph 11 (8) (a)
omit
referred to in subregulation (1), (1AA) or (1A)
insert
mentioned in Schedule 1AA
[6]           Subregulation 16 (1)
substitute
         (1)   Subject to subregulation (3), the fee mentioned in item 301 of Schedule 1AA is payable for an appeal under section 94 or 94AAA of the Act.
[7]           Regulation 21AA
substitute
21AA      Biennial increases
         (1)   A fee mentioned in Schedule 1AA is increased, in accordance with this Part, on each biennial anniversary of 1 July 1996.
         (2)   Subregulation (1) applies to the items in Schedule 1AA as follows:
                (a)    items 110 and 210 — after 30 June 2012;
               (b)    the other items — after 30 June 2010.
[8]           Subregulation 21AB (1), definition of fee
omit
prescribed by regulation 11 or 16
insert
mentioned in Schedule 1AA
[9]           Before Schedule 1
insert
Schedule 1AA   Fees
(regulations 11 and 16)
Part 1          Proceedings in the Family Court of Australia
Item
Document or action
Fee

101
Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 102 applies
$777

102
Filing an application in proceedings for a divorce order:
(a)  instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or
(b)  instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c)
$492

103
Hearing in proceedings, if defended, for a divorce order in relation to a marriage or a decree of nullity of marriage — for each hearing day, or part of a hearing day, including the first hearing day
$608

104
Filing an application in proceedings for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage
$777

105
Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage — for each hearing day, or part of a hearing day, including the first hearing day
$608

106
Filing an application for final orders in financial or Part VII proceedings
$243

107
Filing a response to an application for final orders in financial or Part VII proceedings
$176

108
Hearing of an application for final orders, that is defended, in financial or Part VII proceedings — for each hearing day, or part of a hearing day, including the first hearing day
$608

109
Hearing in an appeal under section 96 of the Act from a decree of a court of summary jurisdiction — for each hearing day, or part of a hearing day, including the first hearing day
$608

110
Filing an application for a consent order
$80

Part 2          Fees payable in proceedings other than proceedings in the Family Court of Australia or the Federal Magistrates Court
Item
Document or action
Fee

201
Filing an application in proceedings for a divorce order in relation to a marriage or a decree of nullity of marriage, other than proceedings to which item 202 applies
$777

202
Filing an application in proceedings for a divorce order:
(a)  instituted in a prescribed court mentioned in paragraph 10A (a) or (c); or
(b)  instituted in another court for transfer to a prescribed court mentioned in paragraph 10A (a) or (c)
$492

203
Hearing in proceedings, if defended, for a divorce order in relation to a marriage or a decree of nullity of marriage — for each hearing day, or part of a hearing day, including the first hearing day
$466

204
Filing an application in proceedings for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage
$777

205
Hearing in proceedings, if defended, for a declaration as to the validity of a marriage, a divorce or the annulment of a marriage — for each hearing day, or part of a hearing day, including the first hearing day
$466

206
Filing an application for final orders in financial or Part VII proceedings
$232

207
Filing a response to an application for final orders in financial or Part VII proceedings
$232

208
Hearing of an application for final orders, that is defended, in financial or Part VII proceedings — for each hearing day, or part of a hearing day, including the first hearing day
$466

209
Hearing in an appeal under section 96 of the Act from a decree of a court of summary jurisdiction — for each hearing day, or part of a hearing day, including the first hearing day
$466

210
Filing an application for a consent order
$80

Part 3          Other fees
Item
Document or action
Fee

301
Appeal under section 94 or 94AAA of the Act
$956

Note 1   The term financial or Part VII proceedings is defined in subsection 4 (1) of the Act.
Note 2   The fees mentioned in this Schedule are subject to increase under Part IIAA.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.