Commonwealth Coat of Arms of Australia

 

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Amendment (Costs) Rules 2022

I, The Honourable William Alstergren, Chief Judge of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.

Dated 24 November 2022

The Honourable William Alstergren

Chief Judge of the Federal Circuit and Family Court of Australia (Division 2)

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021

1  Name

  These Rules are the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Amendment (Costs) Rules 2022.

2  Commencement

 (1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of these Rules

1 January 2023.

1 January 2023

Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

 (2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

  These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.

4  Schedules

  Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1Amendments

 

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021

1  Schedule 1

Repeal the Schedule, substitute:

Schedule 1Scale of costs in family law and child support matters

Note: See rule 4.01.

 

 

1  Application of this Schedule

  This Schedule, as substituted by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Amendment (Costs) Rules 2022, applies to work done or services performed on or after 1 January 2023.

2  Scale of costs in family law and child support matters

  The following table sets out the scale of costs in family law and child support matters.

 

Scale of costs in family law and child support matters

Item

Column 1

Description

Column 2

Amount (including GST)

1

Initiating or opposing an application up to the completion of the first court date

Both:

(a) $2,512.56; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

2

Initiating or opposing an application that includes interim orders (other than procedural orders) up to the completion of the first court date

Both:

(a) $3,141,50 and

(b) the daily hearing fee specified in item 13 that applies to the hearing

3

Initiating or opposing an application for interlocutory orders (including an interim hearing) that is not otherwise described in item 1 or 2

Both:

(a) $2,093.62; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

4

Procedural or summary hearing—as a discrete event

$2,093.62

5

Conciliation conference (including preparation)

$2,093.62

6

Other dispute resolution (including preparation)

$2,093.62

7

Preparation for final hearing—1 day matter

$5,353.45

8

Preparation for final hearing—2 day matter

$6,637.98

9

Preparation for final hearing—each additional hearing day after the second hearing day

$1,422.04

10

Attendance at hearing to take judgment and explain orders

Both:

(a) $342.19; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

11

Application for location order, recovery order or enforcement of an order (other than an application for enforcement by a Registrar under item 12)

Both:

(a) $1,062.80; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

12

Application for enforcement by a Registrar of:

(a) a warrant under rule 11.15; or

(b) a third party debt notice under rule 11.34

$702.49

13

Daily hearing fee

(a) for a short mention—$342.19; or

(b) for a half day hearing—$1,255.75; or

(c) for a full day hearing—$2,512.56

14

Advocacy loading

50% of the daily hearing fee specified in item 13 that applies to the hearing

15

Drafting, conferences and chamber work (not otherwise covered by other items in the table)

(a) Senior Counsel—$721.68 per hour;

(b) Junior Counsel—$384.83 per hour;

(c) Solicitor—$277.16 per hour

16

Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred

The amount of the fees and payments

17

Disbursements—photocopying for each page

$0.86

18

Agents’ fees and travelling costs

Note: For 2 or more hours travel.

$706.76