The Family Law (Fees) Regulations 2012 (Cth) will introduce, on 1 January 2013, a single legislative instrument for fees for all courts exercising family law jurisdiction. This will see a variety of new fees introduced in the courts as well as changes to existing fees.
Key changes to family law fees
â¢*Removal of the reduced fee of $60 and the re-introduction of a full fee exemption (financial hardship) for eligible persons except in respect of divorce application where eligible persons will still be required to a reduced fee of $265.
â¢ New fee of $350 for a conciliation conference (other than for those referred privately which will not attract a fee)
â¢ A higher fee of $500 for those seeking both children and property orders
â¢ New fee of $105 for filing of an interim order (this does not include procedural orders)
â¢ A new fee of $50 for issuing a subpoena
â¢ General increase to existing fees by approximately 20%
â¢ Removal of refund for setting down fee - no longer refundable (this fee is equivalent to the fee for the first day of hearing).
The following matters do NOT attract a fee
â¢ An application to set aside or object to the release / copying of subpoenaed material
â¢ Child support applications
The following family law forms and publications will change as a result:
â¢ Application for exemption from fees - general
â¢ Application for exemption from fees - financial hardship
â¢ Application for reduction of payment of divorce - general
â¢ Application for reduction of payment of divorce - financial hardship
â¢ Guidelines for reduced fee - divorce application
â¢ Worksheet for assessment of financial hardship
â¢ Payment of court fees - request for deferral
â¢ Notice of decision for deferral of court fees
â¢ Payment of court fees - request for a refund
â¢ Guidelines for exemption of court fees
â¢ Notice of decision for reduction/exemption of court fee on the basis of financial hardship
â¢ Subpoena fact sheet
â¢ Conciliation conference fact sheet
â¢ Applying to the court for orders
â¢ Appeal procedures - single judge
â¢ Appeal procedures - full court
The updated products will be released just prior to the Christmas break.
View the regulation and explanatory statement can be viewed at http://www.comlaw.gov.au/Details/F2012L02395
The updated family law fees brochure can be viewed at: http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Fees/Court+fees/
12 December 2012