FAMILY LAW RULES (AMENDMENT) 1992 NO. 45 FAMILY LAW RULES (AMENDMENT) 1992 NO. 45 - TABLE OF PROVISIONS 1. Commencement 2. Amendment 3. Order 38, rule 4 (Basic composite amount-undefended dissolution proceedings) 4. Schedule 2 (Scale of Costs (Including Counsel's Fees) SCHEDULE 2 1992 No. 45 FAMILY LAW RULES (AMENDMENT) - RULE 1 1. Commencement 1.1 These Rules commence on 2 March 1992. 1992 No. 45 FAMILY LAW RULES (AMENDMENT) - RULE 2 2. Amendment 2.1 The Family Law Rules are amended as set out in these Rules. 1992 No. 45 FAMILY LAW RULES (AMENDMENT) - RULE 3 3. Order 38, rule 4 (Basic composite amount-undefended dissolution proceedings) 3.1 Subrule 4 (1) is amended as set out in the following table: Provision amended Omit Substitute Subparagraph 4 (1) (a) (i) $445 $460 Subparagraph 4 (1) (a) (ii) $317 $325 Subparagraph 4 (1) (b) (i) $547 $565 Subparagraph 4 (1) (b) (ii) $420 $435 1992 No. 45 FAMILY LAW RULES (AMENDMENT) - RULE 4 4. Schedule 2 (Scale of Costs (Including Counsel's Fees) 4.1 Omit the Schedule, substitute: 1992 No. 45 FAMILY LAW RULES (AMENDMENT) - SCHEDULE 2 SCHEDULE 2 Order 38, rules 3 and 13 SCALE OF COSTS (INCLUDING COUNSEL'S FEES) Item No. Matter in respect of which charge is made Charge PART 1-COSTS FOR WORK DONE $ 1 Drawing documents (a) court documents 25.60 per page (b) other documents 8.90 per folio 2 Engrossing documents (a) court documents 8.75 per page (b) other documents 3.30 per folio 3 Drafting and typing (a) short letter (up to 1 folio in length) 12.40 (b) circular letter (up to 1 folio in length)5.15 (c) any other letter 10.40 per folio 4 Telephone attendance (a) continuing up to 5 minutes 8.90 (b) continuing for more than 5 minutes At the rate of $107.40 per hour 5 Perusal of documents (a) for each page 12.15 (b) fewer than 30 folios 4.20 per folio (c) 30 or more folios An amount at the discretion of the taxing officer 6 Scanning of documents (where perusal is not necessary) (a) fewer than 10 pages 4.90 per page (b) 10 or more pages An amount at the discretion of the taxing officer 7 Preparation of the appeal papers in a solicitor's office An amount at the discretion of the taxing officer 8 Photographic reproduction, carbon or other copy of a document 1.03 per page 8A Transmitting urgent and necessary written material by means of the solicitor's own facsimile machine 5.15 for the first page 2.05 for each subsequent page (NOTE: STD and ISD transmission fees may be claimed as a disbursement properly incurred.) 8B Receiving written material by means of the solicitor's own facsimile machine 1.03 per page 9 Time reasonably spent by a solicitor on work requiring the skill of a solicitor, other than work referred to in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 10 At the rate of $107.40 per hour 10 Time reasonably spent by a solicitor or by a clerk of a solicitor on work other than work referred to in item 1, 2, 3, 4, 5, 6, 7, 8, 8A, 8B or 9 At the rate of $70.10 per hour PART 2-COUNSEL'S FEES 11 Chamber work, including preparing or settling any necessary document, opinion, advice or evidence, and any reading fee (if allowed) 120-175 per hour or part of an hour 12 Conferences (including court appointed conferences), where necessary 120-175 per hour or part of an hour 13 Short appearances (return day, interlocutory application, etc.) 290-515 14 Short defended list hearings (1 day) 410-875 15 General defended list hearings 875-1,290 per day 16 Reserved judgement 120-175 per hour or part of an hour 1992 No. 45 FAMILY LAW RULES (AMENDMENT) - RULE 5 5. Application 5.1 The amendments effected by rule 3 apply in relation to proceedings commenced on or after 2 March 1992 and, despite those amendments, the provisions amended continue to apply in relation to proceedings commenced on or after 5 November 1990 and before 2 March 1992 as if those provisions had not been amended. 5.2 The Schedule substituted by rule 4 applies in relation to work done and services performed on or after 2 March 1992 and, despite its repeal, the Schedule repealed by that rule continues to apply in relation to work done and services performed on or after 5 November 1990 and before 2 March 1992. - NOTES 1992 No. 45*1* FAMILY LAW RULES*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 28 February 1992. *2*Statutory Rules 1984 No. 425 as amended by 1985 No. 341; 1986 Nos. 6 and 193; 1987 Nos. 15, 74 and 222; 1988 Nos. 9, 15, 16, 46, 166 and 236; 1989 Nos. 49, 65, 175, 201, 266 and 331; 1990 Nos. 20, 74, 348 and 474; 1991 Nos. 122, 414, 475 and 476; 1992 No. 8.