Changes to family law fees

12/12/2012

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

•*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.

• New fee of $350 for a conciliation conference (other than for those referred privately which will not attract a fee)

• A higher fee of $500 for those seeking both children and property orders

• New fee of $105 for filing of an interim order (this does not include procedural orders)

• A new fee of $50 for issuing a subpoena

• General increase to existing fees by approximately 20%

• 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

• An application to set aside or object to the release / copying of subpoenaed material

• Child support applications

The following family law forms and publications will change as a result:

• Application for exemption from fees - general • Application for exemption from fees - financial hardship • Application for reduction of payment of divorce - general • Application for reduction of payment of divorce - financial hardship • Guidelines for reduced fee - divorce application • Worksheet for assessment of financial hardship • Payment of court fees - request for deferral • Notice of decision for deferral of court fees • Payment of court fees - request for a refund • Guidelines for exemption of court fees • Notice of decision for reduction/exemption of court fee on the basis of financial hardship • Subpoena fact sheet • Conciliation conference fact sheet • Applying to the court for orders • Appeal procedures - single judge • 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