Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - REG 19.04

         (1)   This rule applies to the following court events:

                (a)    conciliation conference;

               (b)    the first day of the allocated dates mentioned in rules 16.10 and 16.13;

                (c)    any other court events that the court orders.

         (2)   Immediately before each court event, the lawyer for a party must give the party a written notice of:

                (a)    the party's actual costs, both paid and owing, up to and including the court event;

               (b)    the estimated future costs of the party up to and including each future court event; and

                (c)    any expenses paid or payable to an expert witness or, if those expenses are not known, an estimate of the expenses.

         (3)   At each court event:

                (a)    a party's lawyer must give to the court and each
other party a copy of the notice given to the party under subrule (2); and

               (b)    an unrepresented party must give to the court and each other party a written statement of:

                          (i)    the actual costs incurred by the party up to and including the event; and

                         (ii)    the estimated future costs of the party up to and including each future court event.

         (4)   Immediately before the first day of the final stage of the trial, an independent children's lawyer must give to the court and each party a written statement of the actual costs incurred by the independent children's lawyer up to and including the trial.

         (5)   In a financial case, a notice under subrule (2) or a statement under paragraph (3) (b) must specify the source of the funds for the costs paid or to be paid unless the court orders otherwise.

Note    The court may relieve a party from being required to disclose the source of the funds if, for example, the source is a third party (see rule 1.12).

         (6)   At the end of a court event, the court must return the copy of the notice or statement given under this rule to the person who gave it.

         (7)   In this rule:

"lawyer" does not include counsel instructed by another lawyer.