Pursuant to section 16B(1) of the Family Courts Act 1980 and section 187 of the Family Proceedings Act 1980, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Family Courts Fees Amendment Regulations 2012.

2 Commencement

These regulations come into force on 1 July 2012.

3 Principal regulations

These regulations amend the Family Courts Fees Regulations 2009 (the principal regulations).

4 Regulation 4 amended (Interpretation)

In regulation 4, revoke the definition of court fee or fee.

5 Regulation 5 replaced (Court fees)

Replace regulation 5 with:
“5 Court fees

“(1) The fees, if any, payable in respect of a proceeding or an intended proceeding under the Family Proceedings Act 1980 are specified in Schedule 1.

“(2) The fees, if any, payable in respect of a proceeding or an intended proceeding under the Care of Children Act 2004 are specified in Schedule 2.

“(3) The fees, if any, payable in respect of a proceeding or an intended proceeding under the Property (Relationships) Act 1976 are specified in Schedule 3.”

6 New regulation 10A inserted (Fees to be prepaid)

After regulation 10, insert:
“10A Fees to be prepaid

“(1) All fees must be prepaid.

“(2) The hearing fee specified in item 3 of Schedule 3 must be prepaid not later than the beginning of the hearing of the application to which that fee relates.

“(3) This regulation is subject to regulations 7 and 8.”

7 New Schedules 2 and 3 inserted

After the Schedule, insert as Schedules 2 and 3 the schedules set out in the Schedule of these regulations.

r 7

Schedule 2
Fees payable in respect of applications under Care of Children Act 2004

r 5(2)

($)

1 Filing an application under section 48 (for a parenting order determining the time or times when specified persons have the role of providing day-to-day care for, or may have contact with, a child) 220

2 Filing an application under section 56(1)(a) or (b) (for an order varying or discharging a parenting order or other order about the role of providing day-to-day care for, or about contact with, a child) 220

Schedule 3
Fees payable in respect of applications under Property (Relationships) Act 1976

r 5(3)

($)

1 Filing an application for an order or a declaration (for example, an application for an order under section 25(1)(a) determining the respective shares of each spouse or partner in relationship property) 700

2 Filing at the same time 2 or more applications for orders or declarations (for example, an application for an order under section 25(1)(a) determining the respective shares of each spouse or partner in relationship property and an application for an order under section 27 granting a spouse or partner the right to occupy the family home for a certain period) 700

3 Hearing of any application for each half-day, or part half-day 906

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 July 2012, amend the Family Courts Fees Regulations 2009 (the principal regulations) to prescribe fees for—

filing an application under the Care of Children Act 2004 for a parenting order, or for the variation or discharge of a parenting order:
filing 1 or more applications under the Property (Relationships) Act 1976:
the hearing of an application under the Property (Relationships) Act 1976.

The principal regulations prescribe the circumstances in which a Registrar may waive, postpone, or refund a fee (for example, a Registrar may waive the fee payable by an applicant if he or she is satisfied that the applicant is unable to pay the fee).

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 May 2012.

These regulations are administered by the Ministry of Justice.

Family Courts Fees Amendment Regulations 2012