Commonwealth of Australia Explanatory Memoranda

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FAMILY LAW (DIVORCE FEES VALIDATION) BILL 2007

                    2004-2005-2006-2007




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




             HOUSE OF REPRESENTATIVES




 FAMILY LAW (DIVORCE FEES VALIDATION) BILL 2007




            EXPLANATORY MEMORANDUM




       (Circulated by authority of the Attorney-General,
             the Honourable Philip Ruddock MP)
          FAMILY LAW (DIVORCE FEES VALIDATION) BILL 2007

OUTLINE

The purpose of the Bill is to amend the Family Law Act 1975 to validate
retrospectively the charging of an unauthorised filing fee for divorce applications in
the Family Court of Western Australia.

In July 2005, the filing fee in the Federal Magistrates Court for divorce applications
under the Family Law Act was increased. The equivalent fee in the Family Court of
Western Australia would normally have been increased to match the Federal
Magistrates Court fee to ensure consistency across Australia, through an amendment
to subregulation 11(1A) of the Family Law Regulations 1984. However, due to an
administrative oversight, this did not occur. The Family Court of Western Australia
assumed the necessary amendment to the Family Law Regulations had been made and
began to charge the increased fee.

An amendment to subregulation 11(1A) of the Family Law Regulations, effective
9 October 2006, authorised the Family Court of Western Australia to charge a fee
equivalent to the fee applicable at that time for a divorce application in the Federal
Magistrates Court.

The proposed Bill will validate retrospectively the charging of the fees that were in
fact charged for divorce applications in the Family Court of Western Australia for the
period 1 July 2005 to 9 October 2006.

FINANCIAL IMPACT STATEMENT

The proposed Bill will not have any significant financial impact.
NOTES ON CLAUSES

Clause 1: Short title

1.   Clause 1 is a formal provision specifying the short title of the Bill.

Clause 2: Commencement

2.   All sections of the Act will commence on the day on which it receives
Royal Assent.

Clause 3: Increase in divorce fee for certain courts

3.   This clause states the filing fees in the Family Court of Western Australia for a
divorce application instituted during the two periods of 1 July 2005 to 30 June 2006,
and 1 July to 8 October 2006.

4.    The fees apply to divorce proceedings which were instituted in a court
constituted by a stipendiary magistrate who is the Principal Registrar, or a Registrar,
of the Family Court of Western Australia as well as divorce proceedings instituted in
another court for transfer to such a court. The fees specified in clause 3 were the fees
in fact charged for filing a divorce application in the Family Court of
Western Australia during the two periods mentioned in paragraph 3.