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
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Different amounts, set out in superseded versions of this Schedule, may continue to apply to work done before that date.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 |