The 2015 Federal Budget outlined proposed fee increases for proceedings in Federal Courts and, in particular, the Federal Circuit Court which deals with divorce applications.
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The fee increases were substantial. For example, Court fees for a divorce application increased by $350, or more than 40 per cent, from $845 to $1,195.
The Chair of the Law Council of Australia Family Law Section, Rick O’Brien, described the increase as “a significant burden on families, particularly women and children fleeing domestic violence”.
“The changes to family law fees are particularly cynical when there is no option for divorce in parties other than to apply to the Court and even when they reach an agreement there is a fee involved for Consent Orders. The fact that the revenue raises is not being fully invested back into the underfunded Family Courts simply makes it worse,” Mr O’Brien said.
Late last week the debate took a new turn with the new proposed fee increases rejected by the Senate when the Labor Party and the Greens combined to vote against them.
“The cost increases had nothing to do with the time or resources it takes for a divorce hearing and everything to do with the government increasing general revenue. These Family Court fee hikes would have made it harder for victims of domestic violence to seek a divorce....Cost is already the most common barrier to people seeking legal help, and I am glad the Senate has rejected the government's cruel attack on the most vulnerable”, the Greens legal affairs spokesperson Penny Wright said.
Labor MP Graham Perrett said: "The proposed fee increase was simply a money-grab by a desperate government. It would have impacted the very vulnerable during the most stressful time of their lives."
The fee increases were meant to take effect from 1 July 2015. Doubtless, we will still see some increases come into effect after the proposals are finally dealt with by the Senate.
John Clarke is the Solicitor Director of Clarke Law, with a local network of offices in Narooma, Bermagui & Bega