Family Law Regulations, Family Court form and fee changes

The Family Law Amendment Regulations 2010 (No.2) has been approved by the Governor-General in Council and is expected to be registered and available on the ComLaw website within the next few days.

The amended Regulations will take effect from 1 November 2010 and will amend the current Regulations by:

• “introducing a new 'Reduced fee' which will be payable by those who were previously eligible for fee waivers and exemptions. The reduced fee will be a flat fee of $60 for family law matters;
• amending the filing fee for a Response to be equivalent to the fee for an Initiating Application ($243); and
• introducing a setting down fee, which will be include the first day of hearing.”

To effect these changes, family law practitioners should be aware that the following forms have been updated:

• Application for Reduction of Court Fees on the basis of financial hardship;
• Notice of decision for Reduction of Court Fees on the basis of financial hardship;
• Application - Reduction of payment of Court Fees – general;
• Guidelines for Reduction of Court Fees; and
• Payment of Court Fees – Request for refund.

Two new forms have also been created to coincide with the amended Regulations:

• Notice of Decision for Deferral of Court Fees; and
• Payment of Court Fees – Request for Deferral.

Practitioners should note that these forms will be available on the Family Law Courts website from 1 November 2010. For more information on the Regulations and forms, visit familylawcourts.gov.au.

Practitioners should also note that there will be a family law fee increase starting 1 November.