{"id":"F2021L01205","name":"Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021","slug":"federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102055,"registerId":"commonwealth-F2021L01205-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1.01","sectionType":"section","heading":"Name","content":"#### 1.01 Name\n\n These Rules are the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021.","sortOrder":1},{"sectionNumber":"1.03","sectionType":"section","heading":"Authority","content":"#### 1.03 Authority\n\n These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.","sortOrder":2},{"sectionNumber":"1.04","sectionType":"section","heading":"Court may make orders or dispense with these Rules","content":"#### 1.04 Court may make orders or dispense with these Rules\n\n (1) The court may, in the interests of justice, dispense with compliance, or full compliance, with any of these Rules at any time.\n (2) If, in a proceeding, the court gives a direction or makes an order that is inconsistent with any of these Rules, the direction or order of the court prevails in that proceeding.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021","content":"## Part 2—Application of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021","sortOrder":4},{"sectionNumber":"2.01","sectionType":"section","heading":"Application of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021","content":"#### 2.01 Application of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021\n\n The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (other than rules 1.01 to 1.03), as modified in accordance with these Rules, apply to the exercise of the Court’s jurisdiction in family law or child support proceedings as if the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 were provisions of these Rules.","sortOrder":5},{"sectionNumber":"2.02","sectionType":"section","heading":"Modifications of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021","content":"#### 2.02 Modifications of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021\n\n For the purposes of rule 2.01 of these Rules, the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 apply as if the modifications in the following table were made.\n\n```html\n

Table 2.1—Modifications of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021

Item

Provision

Omit (wherever occurring)

Substitute

4

Rule 1.05 (paragraph (a) of the definition of Judicial Registrar)

Division 1

Division 2

5

Subrules 1.07(1) and 1.08(1)

Chief Justice

Chief Judge

6

Subrule 3.08(2)

section 57

section 175

7

Subrule 5.08(2)

25 pages

10 pages

8

Subrule 5.08(3)

10 annexures

5 annexures

9

Rule 9.04

Part 9.2

Part 9.2, or Part 3 of the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021,

10

Paragraph 10.21(1)(a)

in the Federal Circuit and Family Court (Division 1)—under an arrangement under section 79

in the Federal Circuit and Family Court (Division 2)—under an arrangement under section 246

11

Subrule 10.23(1)

section 102QC of the Family Law Act

section 240 of the Federal Circuit and Family Court Act, or section 102QC of the Family Law Act,

12

Subrule 10.24(1)

subsection 102QE(2) of the Family Law Act

subsection 242(2) of the Federal Circuit and Family Court Act, or subsection 102QE(2) of the Family Law Act,

13

Rule 14.01 (definition of Judicial Registrar)

Division 1

Division 2

14

Rule 14.01 (paragraph (b) of the definition of Senior Judicial Registrar)

Division 1

Division 2

15

Subrule 14.02(2)

Division 1

Division 2

16

Subrule 14.02(2)

subsection 98(1)

subsection 254(1)

17

Subrule 14.02(2)

Chief Justice

Chief Judge

18

Subrule 14.02(2) (note)

section 85

section 251

19

Subrules 14.03(1) and (2)

Division 1

Division 2

20

Subrule 15.21(1)

Chief Justice

Chief Judge

21

Subrule 15.21(1)

Division 1

Division 2

22

Rule 15.22

Division 1

Division 2

23

Rule 15.22

Chief Justice

Chief Judge

26

Schedule 4, clause 2

Division 1

Division 2

27

Schedule 4, clause 2, table item 2.1

98(2)(q)

254(2)(q)

28

Schedule 4, clause 2, table items 3.1, 3.2 and 3.3

98(3)(d)

254(3)(d)

29

Schedule 4, clause 2, table item 5.2

Paragraph 98(2)(p) (qualified by subsection 98(7))

Paragraph 254(2)(p) (qualified by subsection 254(7))

30

Schedule 4, clause 2, table items 12.1 and 12.2

Paragraph 98(2)(i) and subsection 98(6)

Paragraph 254(2)(i) and subsection 254(6)

31

Schedule 4, clause 2, table item 12.3

Paragraph 98(2)(j)

Paragraph 254(2)(j)

33

Schedule 4, clause 2, table item 14.2

Section 69

Section 192

34

Schedule 4, clause 2, table item 14.5

Paragraph 98(2)(k)

Paragraph 254(2)(k)

35

Schedule 4, clause 2, table item 15.1

Section 63

Section 182

36

Schedule 4, clause 2, table item 16.1

Paragraph 98(2)(d)

Paragraph 254(2)(d)

37

Schedule 4, clause 2, table item 16.2

Paragraph 98(2)(e)

Paragraph 254(2)(e)

38

Schedule 4, clause 2, table items 21.2, 21.3 and 21.7

Paragraph 98(2)(n)

Paragraph 254(2)(n)

39

Schedule 4, clause 2, table item 23.5

Subsection 66(2)

Subsection 189(2)

40

Schedule 4, clause 2, table item 23.6

Paragraph 98(2)(h)

Paragraph 254(2)(h)

41

Schedule 4, clause 2, table item 24.2

Paragraph 98(2)(g)

Paragraph 254(2)(g)

42

Schedule 4, clause 2, table item 27.5

Rule 8.04 FCFCOA Rules

Subsection 199(2) FCFCOA Act and rule 8.04 FCFCOA Rules

43

Schedule 4, clause 2, table item 27.6

Section 102C FLA

Section 201 FCFCOA Act and section 102C FLA

44

Schedule 4, clause 2, table item 27.7

Section 102D FLA

Section 202 FCFCOA Act and section 102D FLA

45

Schedule 4, clause 2, table item 27.8

Section 102E FLA

Section 203 FCFCOA Act and section 102E FLA

46

Schedule 4, clause 2, table item 27.9

Section 102K FLA

Section 204 FCFCOA Act and section 102K FLA

47

Schedule 4, clause 2, table items 28.1 and 28.2

Paragraph 98(2)(n)

Paragraph 254(2)(n)

48

Schedule 4, clause 2, table item 28.3

Paragraph 98(2)(o)

Paragraph 254(2)(o)

49

Schedule 4, clause 2, table item 29.3

Section 65

Section 184

\n```","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transferring proceedings","content":"## Part 3—Transferring proceedings","sortOrder":7},{"sectionNumber":"3.01","sectionType":"section","heading":"Transfer to Federal Circuit and Family Court (Division 1)","content":"#### 3.01 Transfer to Federal Circuit and Family Court (Division 1)\n\n (1) The Federal Circuit and Family Court (Division 2) may, on the application of a party or on its own initiative, transfer a family law or child support proceeding pending in the Court to the Federal Circuit and Family Court (Division 1) under section 149 of the Federal Circuit and Family Court Act.\n (2) Unless the Federal Circuit and Family Court (Division 2) otherwise orders, an application under this rule must be made by application supported by an affidavit or included in a response supported by an affidavit.\n (3) In addition to the factors to which the Federal Circuit and Family Court (Division 2) must have regard under subsection 149(3) of the Federal Circuit and Family Court Act in deciding whether to transfer a proceeding to the Federal Circuit and Family Court (Division 1), the Federal Circuit and Family Court (Division 2) must have regard to the following matters:\n (a) whether the proceeding is likely to involve questions of general importance, such that it would be desirable for there to be a decision of the Federal Circuit and Family Court (Division 1) on one or more of the points in issue;\n (b) the financial value of the claim;\n (c) the complexity of the facts, legal issues, remedies and procedures involved;\n (d) whether the proceeding, if transferred, is likely to be dealt with:\n (i) at less cost to the parties; or\n (ii) at more convenience to the parties; or\n (iii) earlier;\n (e) the availability of a judicial officer specialising in the type of proceeding to which the application relates;\n (f) the availability of particular procedures appropriate for the class of proceeding;\n (g) the adequacy of the available facilities, having regard to any disability of a party or witness, and any safety concerns;\n (h) the wishes of the parties.","sortOrder":8},{"sectionNumber":"3.02","sectionType":"section","heading":"Proceeding transferred to Federal Circuit and Family Court (Division 1)—transfer of documents","content":"#### 3.02 Proceeding transferred to Federal Circuit and Family Court (Division 1)—transfer of documents\n\n If a proceeding is transferred to the Federal Circuit and Family Court (Division 1), the Registry Manager of the Federal Circuit and Family Court (Division 2) must:\n (a) send to the Registry Manager of the Federal Circuit and Family Court (Division 1) all documents filed and orders made in the proceeding; and\n (b) retain in the Federal Circuit and Family Court (Division 2) a copy of all orders made in the proceeding.","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Costs","content":"## Part 4—Costs","sortOrder":10},{"sectionNumber":"4.01","sectionType":"section","heading":"Costs in family law and child support matters","content":"#### 4.01 Costs in family law and child support matters\n\n (1) In applying Chapter 12 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 in relation to family law or child support proceedings, the Court may apply the scale of costs in Schedule 3 to those Rules or the scale of costs in Schedule 1 to these Rules.\n (2) In item 12 of the table in Schedule 1 to these Rules:\n (a) the reference to rule 11.15 is a reference to rule 11.15 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as that rule applies because of rule 2.01 of these Rules; and\n (b) the reference to rule 11.34 is a reference to rule 11.34 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 as that rule applies because of rule 2.01 of these Rules.","sortOrder":11},{"sectionNumber":"Part 5","sectionType":"part","heading":"Delegation","content":"## Part 5—Delegation","sortOrder":12},{"sectionNumber":"5.01","sectionType":"section","heading":"Delegation of additional powers to Senior Judicial Registrars and Judicial Registrars","content":"#### 5.01 Delegation of additional powers to Senior Judicial Registrars and Judicial Registrars\n\n Schedule 4 to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 applies as if that Schedule included the items in the table in Schedule 2 to these Rules.","sortOrder":13},{"sectionNumber":"1","sectionType":"section","heading":"Application of this Schedule","content":"#### 1 Application of this Schedule\n\n This Schedule, as substituted by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Amendment (2025 Measures No. 1) Rules 2025, applies to work done or services performed on or after 10 June 2025.","sortOrder":14},{"sectionNumber":"2","sectionType":"section","heading":"Scale of costs in family law and child support matters","content":"#### 2 Scale of costs in family law and child support matters\n\n The following table sets out the scale of costs in family law and child support matters.\n\n```html\n

Scale of costs in family law and child support matters

Item

Column 1

Description

Column 2

Amount (including GST)

1

Initiating or opposing an application up to the completion of the first court date

Both:

(a) $2,730.66; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

2

Initiating or opposing an application that includes interim orders (other than procedural orders) up to the completion of the first court date

Both:

(a) $3,414.18; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

3

Initiating or opposing an application for interlocutory orders (including an interim hearing) that is not otherwise described in item 1 or 2

Both:

(a) $2,275.34; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

4

Procedural or summary hearing—as a discrete event

$2,275.34

5

Conciliation conference (including preparation)

$2,275.34

6

Other dispute resolution (including preparation)

$2,275.34

7

Preparation for final hearing—1 day matter

$5,818.13

8

Preparation for final hearing—2 day matter

$7,214.16

9

Preparation for final hearing—each additional hearing day after the second hearing day

$1,545.47

10

Attendance at hearing to take judgment and explain orders

Both:

(a) $371.89; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

11

Application for location order, recovery order or enforcement of an order (other than an application for enforcement by a Registrar under item 12)

Both:

(a) $1,155.06; and

(b) the daily hearing fee specified in item 13 that applies to the hearing

12

Application for enforcement by a Registrar of:

(a) a warrant under rule 11.15; or

(b) a third party debt notice under rule 11.34

$763.46

13

Daily hearing fee

(a) for a short mention—$371.89; or

(b) for a half day hearing—$1,364.75; or

(c) for a full day hearing—$2,730.66

14

Advocacy loading

50% of the daily hearing fee specified in item 13 that applies to the hearing

15

Drafting, conferences and chamber work (not otherwise covered by other items in the table)

(a) Senior Counsel—$784.33 per hour;

(b) Junior Counsel—$418.24 per hour;

(c) Solicitor—$301.22 per hour

16

Disbursements—Court fees and other fees and payments to the extent that they have been reasonably incurred

The amount of the fees and payments

17

Disbursements—photocopying for each page

$0.95

18

Agents’ fees and travelling costs

Note: For 2 or more hours travel.

$768.10

\n```","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument expands and reconfigures the procedural framework for family law and child support matters in Division 2 by importing the 2021 Family Law Rules with tailored modifications (rules 2.01–2.02 and Table 2.1). It changes which statutory references and officer titles apply (many substitutions in Table 2.1), fixes a Division‑2 specific costs scale and hearing fees (rule 4.01 and Schedule 1), adds registrar delegation (rule 5.01), and creates transfer procedures to Division 1 (rules 3.01–3.02). The amended Schedule takes effect for work on or after 10 June 2025."},"complexity_factors":["Extensive cross‑references and substitutions to the Federal Circuit and Family Court (Family Law) Rules 2021 (rules 2.01–2.02) increasing interpretive load","Large modification table mapping many rule, section and schedule references across Division 1 → Division 2 (Table 2.1)","Detailed cost schedule with multiple line items, conditional components and daily hearing fee calculations (Schedule 1, items 1–18 and item 13)","Discretionary court power to dispense with or vary rules (rule 1.04) creating case‑by‑case variability","Transfer mechanism with multifactor decision criteria (rule 3.01(3)) requiring factual and legal assessment","Delegation of additional powers to registrars by importing Schedule 4 with additions (rule 5.01) which shifts decision‑making from judges to registrars","Temporal application/transition detail for amended Schedule (application clause referencing 10 June 2025) adding timing complexity"],"plain_english_summary":"These Rules apply the Federal Circuit and Family Court (Family Law) Rules 2021 to Division 2 with a long list of specific substitutions, add a detailed costs scale and daily hearing fees (Schedule 1), delegate extra powers to Senior Judicial Registrars and Judicial Registrars, and set rules for transferring Division 2 matters to Division 1. They affect parties, lawyers, registries and judicial officers: parties pay the listed fees and costs, the Registry Manager transfers documents (rule 3.02), and the Court retains discretion to dispense with these Rules (rule 1.04)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose as a 'modification instrument' for Division 2. It does not expand beyond its intended function of adapting the Family Law Rules for the lower court division. The 2025 amendments visible in Schedule 1 (updating the costs scale) are within the original scope of the instrument."},"complexity_factors":["Extensive cross-referencing to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, which are applied 'as modified'","46 separate modification items in Table 2.1 requiring readers to mentally substitute text in the primary rules","Multiple statute references requiring knowledge of both the Federal Circuit and Family Court of Australia Act 2021 and the Family Law Act 1975","Nested conditional logic in rule 2.01 (application of other rules 'as if' they were provisions of these rules)","Dual scale of costs system (Court may choose between Schedule 3 of the Family Law Rules or Schedule 1 of these Rules)","Self-referential definitions (e.g., item 12 of Schedule 1 refers back to rules 11.15 and 11.34 of the Family Law Rules as applied by rule 2.01)","Delegated legislative mechanism in Part 5 incorporating Schedule 2 items into Schedule 4 of the Family Law Rules"],"plain_english_summary":"This instrument adapts the main Family Law Rules for Division 2 of the Federal Circuit and Family Court, aligning terminology and procedure while tailoring processes for a faster, less formal division. It also shortens affidavit and annexure limits, sets when matters can be transferred to Division 1, fixes a schedule of recoverable legal costs, and expands registrar powers.\n\nIt affects parties, lawyers, court staff and judicial officers handling family law and child support matters in Division 2."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021","history":"/api/acts/federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021/history","analysis":"/api/acts/federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021/analysis","conflicts":"/api/acts/federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021/conflicts","importantCases":"/api/acts/federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021/important-cases","documents":"/api/acts/federal-circuit-and-family-court-of-australia-division-2-family-law-rules-2021/documents"}}