Family Court Regulations 1998

The Regulations rest on several recurring concepts and mechanisms that determine how the Family Court of Western Australia operates day‑to‑day.

• Adoption and mapping of Commonwealth provisions. Regulation 3(1) defines the Family Law Regulations as the Family Law Regulations 2024 (Commonwealth) and regulation 3(3) provides that an adopted Family Law Regulation applies in the form in which it is in force from time to time. Regulation 3(2) maps references from Commonwealth‑language to WA counterparts (for example, treating a reference to the Family Court as a reference to the Family Court of Western Australia). That means the Regulations function as a living incorporation mechanism: selected Commonwealth rules apply locally, with textual adjustments mandated by reg 3(2).

• Fee regime and liability allocation. Part 3 and Schedule 1 set out a detailed fee schedule (Schedule 1), define key fee terms (reg 18), allocate primary liability for particular fees (reg 20), and provide rules for exemptions (reg 21A), financial‑hardship waivers (reg 21B), deferral (reg 21F), consequences of non‑payment (reg 21G), refunds (reg 21H) and recovery (reg 21J). The Schedule (inserted SL 2025/99 r. 4) gives specific dollar amounts for common transactions (for example, filing an application for final orders in eligible financial or parenting proceedings is $435; setting down heard before a judge if defended is $1,070 for the hearing and $1,070 per additional hearing day , Sch 1 items 1-3).

• Registrar discretion. Multiple provisions give a registrar or an authorised officer discretion: to exempt an individual from fees if payment would cause financial hardship (reg 21B); to defer payment where urgency or financial circumstances justify it (reg 21F); to order another party to pay all or part of a fee (reg 20(2)(b)); to allow filing or provision of a service despite non‑payment (reg 21G(3)); and to impose conditions on a deferral (reg 21F(5)). Decisions made by registrars under these Regulations are reviewable under the Family Court Rules 2021 rule 322 as if they were an order or direction by a Principal Registrar (reg 21).

• Information sharing and safeguards. Regulations 10B and 10C operate as an Act‑linked framework for court‑ordered information sharing under the Act (see reg 10B which prescribes agencies for Act s 162C; reg 10C prescribes safeguards required by Act s 162I(1)). Reg 10C prescribes limits on what may be shared, storage and use obligations, steps to prevent access by persons who pose risk to parties or children, and requirements for correction, destruction or redaction when material is incorrect or absent , with exceptions where other record‑keeping obligations apply (reg 10C(11)).

• Parentage testing and reporting. Regulations 15-16 adopt specific Family Law Regulations dealing with parentage testing procedures and reports. Reg 15 adopts Family Law Regulation 59 for the Act’s definition of parentage testing procedure and adopts Family Law Regulations 58 and 60-67 for parentage testing required under a court order (reg 15(2)). Reg 16 allows the Attorney‑General to appoint persons to prepare parentage testing reports and adopts Family Law Regulation 68 for the purposes of Act s 200(b).

• Authentication of consents. Regulation 10A prescribes that where the Act requires a consent in writing to be authenticated for certain specified sections (the regulation lists sections 107, 107A, 108, 108A, 109 and 110 and corresponding subparagraphs), authentication must be by a person who is an authorised witness under the Oaths, Affidavits and Statutory Declarations Act 2005 s 12(6), and the witness must endorse a statement verifying identity and presence when signed (reg 10A).

• Recording and transcript cost recovery. Regulation 7 requires all proceedings to be recorded where practicable (reg 7(1)), allows transcription only when ordered (reg 7(2)), permits parties to request transcripts (reg 7(3)), and fixes the fee for a transcript request as the actual cost to the court of transcription (reg 7(4)). That mechanism directly links access to the transcript to cost recovery.

• Registry location and enforcement mechanics. The registry is fixed in Perth (reg 5). Regulation 6 ties fees payable to the Marshal to fees set out for the Sheriff in the Civil Judgments Enforcement Regulations 2005 Schedule 2, treating references to the Act in that Schedule as references to the Family Court Act 1997 (reg 6(1)-(2)). Registration of orders made elsewhere is facilitated by reg 17 (sealed copy filing), and reg 11 adopts Family Law Regulation 55 for registration under Act s 176(6).

These concepts produce a coherent operational framework: many matters are handled by established registrar discretion, fees are largely prescriptive and payable at particular times (with exceptions and deferrals), and Commonwealth rules are imported where the Regulations refer to Family Law Regulations. The safeguards and exceptions in regs 10C and 21A-21H create procedural limits and relief mechanisms that affect who ultimately bears costs and how information flows to and within the court system.

The Regulations affect a defined set of actors directly and a broader set indirectly.

Directly affected parties

• Litigants in the Family Court of Western Australia. Anyone commencing proceedings generally bears the primary liability for fees under reg 20(1)(c), unless the document relates to certain specified filings (responses, interim order applications, subpoenas) where liability attaches to the filer or requestor (reg 20(1)(a)-(b)). Schedule 1 gives the precise fees for common filings (for example, item 1: filing an application for final orders in eligible financial or parenting proceedings, $435; item 11: conciliation conference, $490).

• Parties filing responses, interim order applications, consent orders or subpoenas. reg 20 distinguishes liability by document type: a response (Sch 1 item 4) or an interim order application (item 8) makes the person for whom the document is filed the liable person (reg 20(1)(a)); issuing a subpoena attracts a fee payable by the person who requests it (Sch 1 item 10, reg 20(1)(b) , $65).

• Persons attending conciliation conferences. A conciliation conference fee is prescribed (Sch 1 item 11, $490) and the definition of conciliation conference in reg 18 requires that parties not be required to pay practitioner fees for the conference when the conference is of the specified kind.

• Registrars and authorised officers. The Regulations vest significant administrative discretion in registrars and authorised officers (reg 3(1) defines authorised officer; regs 20(2)(b), 21B, 21E-21F, 21G, 21H), requiring them to exercise judgment on fee deferrals, exemptions for financial hardship, refunds, and whether to allow filing or services despite non‑payment. Their decisions are reviewable under Family Court Rules 2021 r 322 as if they were Principal Registrar orders (reg 21).

• Information sharing agencies and police/child protection authorities. Reg 10B prescribes agencies for the purposes of Act s 162C, including State/Territory police forces or parts with firearms licensing responsibility, the Australian Federal Police parts providing services to the ACT, and child protection departments (reg 10B(a)-(e)). Those agencies must have regard to the safeguards in reg 10C when supplying material.

• Attorneys‑General and appointees for parentage reporting. Reg 16 allows the Attorney‑General to appoint persons or classes of persons to prepare parentage testing reports and requires publication in the Gazette.

Indirectly affected parties

• Children and other persons about whom shared material may relate. Reg 10C(5) and (7) require steps to prevent access by persons posing risk and prohibit use of shared material by persons with personal relationships or conflicts of interest with parties or children concerned (reg 10C(5) and (7)). Thus children and third parties are affected by how agencies handle and redress incorrect material (reg 10C(8)-(10)).

• Legal aid and welfare recipients. Exemption from fees is available where a person has been granted legal aid under a Commonwealth or State law or is a cardholder as defined (reg 21A(1)(a)-(b)). The definition excludes dependants of a cardholder (reg 21A(2)), so only the actual cardholder benefits.

• Persons who might be ordered to pay another’s fee. Under reg 20(2)(b) the relevant court or Principal Registrar may order another party to pay a fee or part of a fee instead of the person identified as the liable person. That makes certain parties potentially exposed to fee allocation by judicial or registry order.

• Marshal and enforcement officers. Reg 6 ties Marshal fees to equivalent Sheriff fees in the Civil Judgments Enforcement Regulations 2005 Sch 2, bringing enforcement officers’ charging tied to external instrument schedules.

• Experts and family dispute resolution practitioners. The definition of conciliation conference in reg 18 permits conferences attended by a family dispute resolution practitioner in circumstances where practitioner fees are not required. That affects the fee dynamics for mediators and influences whether parties can be charged practitioner fees for certain conferences.

Geography and administration

• All proceedings are processed through the Perth registry (reg 5), which centralises administrative processing. That affects travel, service logistics and local access for litigants outside Perth.

Who decides

• Registrars and authorised officers exercise administrative discretion (regs 20, 21B, 21F, 21G, 21H). Courts retain ability to dispense with compliance with regulations (reg 4) and to order fee allocation (reg 20(2)(b)). The Attorney‑General makes appointments for parentage reporting (reg 16).

Who pays and who can avoid payment

• The statutory starting point for payment is the liable person (reg 20). Exemptions (reg 21A) and discretionary exemptions for financial hardship (reg 21B) reallocate costs away from individuals with legal aid, certain Commonwealth concession cards, young persons, prisoners or those in receipt of certain social security payments. Registrars may defer payment under reg 21F or order refunds under reg 21H in specified circumstances, and unpaid fees are recoverable by the State as a debt (reg 21J).

When assessing effects, note that the Regulations create both concentrated obligations on litigants (pay a filing or hearing fee up front) and diffuse protections (limited exemptions and discretionary relief) that interact with the administrative power of registrars.

This section identifies statutory obligations imposed by the Regulations on specified actors and the rights, remedies and procedural avenues available to affected persons. Citations are given to the regulating provisions.

Obligations of registrars, authorised officers and the court

• Decision‑making and discretion. Registrars and authorised officers have the power to defer payment of fees (reg 21F), to exempt persons on grounds of financial hardship (reg 21B), to impose conditions on deferral (reg 21F(5)), and to permit filing or provision of services notwithstanding non‑payment (reg 21G(3)). The court itself may dispense with compliance with any requirement of the Regulations either before or after the occasion for compliance has arisen (reg 4).

• Reviewability. A decision by a registrar or authorised officer under these Regulations is reviewable under the Family Court Rules 2021 rule 322 as if it were an order or direction made by the Principal Registrar, a registrar or a deputy registrar (reg 21). That gives an internal route of challenge for persons aggrieved by administrative decisions.

• Handling shared material. When an information sharing agency provides particulars, documents or information under an order made under Act ss 162D or 162E (or the equivalent subregulation references), the agency and the court must have regard to the safeguards in reg 10C. Those safeguards impose duties to limit provision, storage and use of shared material to material relevant to matters identified in ss 162D(2) or 162E(2), to act in good faith with reasonable care to protect persons from harm, to prevent improper access, to take reasonable steps to prevent access by persons posing risk (reg 10C(2)-(5)), to avoid sharing material with persons who have personal relationships or conflicts of interest (reg 10C(7)), and to notify and correct records if material is discovered to be incorrect (reg 10C(8)-(11)). Reg 10C(11) carves out any contradictory record‑keeping obligations imposed by other laws or court orders.

Obligations of litigants and parties

• Payment of fees when payable. Filing fees must be paid before the document is filed (reg 21E(1)). Setting down fees and hearing fees must be paid according to the timing rules in reg 21E(2)-(3). Fees for services listed in Schedule 1 must be paid before the service is provided (reg 21E(5)). If a fee is unpaid and no deferral applies, the document must not be filed or service provided (reg 21G(2)), although the court or Principal Registrar may allow otherwise (reg 21G(3)).

• Liability allocation. The person who commences the proceeding is generally liable for most fees (reg 20(1)(c)); special rules assign liability to filers for responses and interim order applications and to subpoena requestors for subpoena issuing (reg 20(1)(a)-(b)). The relevant court or Principal Registrar may order another party to pay instead (reg 20(2)(b)). If multiple persons are liable under reg 20, only the highest applicable fee is payable (reg 19(3)).

• Record and transcript access. Parties may request a copy of a transcript (reg 7(3)), but transcription occurs only where the court or a registrar orders it (reg 7(2)), and the person requesting pays an amount equal to the actual cost to the court of transcribing the record (reg 7(4)).

• Consent authentication. Where the Act requires consent in writing to be authenticated for specified sections (listed in reg 10A), the person authenticating must be an authorised witness under the Oaths, Affidavits and Statutory Declarations Act 2005 s 12(6) and must endorse a statement verifying identity and presence at signing (reg 10A). That creates a duty on witnesses and a right for the court to rely on properly authenticated consents.

Rights and remedies

• Fee exemptions and financial hardship relief. Persons who have legal aid, hold particular Commonwealth concession cards, are under 18, are detained, or receive certain payments are exempt from paying fees under reg 21A(1). A registrar or authorised officer may exempt an individual for financial hardship after considering income, living expenses, liabilities and assets (reg 21B(1)-(2)).

• Deferral and conditions. A person may seek deferral of fees under reg 21F where payment is urgent or would be oppressive in view of financial circumstances. Deferrals must be repaid within 28 days or another period approved in writing; deferrals may be granted more than once and may carry conditions (reg 21F(3)-(5)).

• Refunds. Persons who have overpaid or who have paid when another person already paid are entitled to a refund (reg 21H(1)-(3)). Detailed refund scenarios are prescribed for setting down fees, hearing fees, conciliation conference fees and hearings that do not proceed or are settled (reg 21H(4)-(10)).

• Recovery. Any unpaid fee is recoverable in a court of competent jurisdiction by the State as a debt due to the State (reg 21J).

Other duties

• Parentage testing. A person subjected to a parentage testing order must have procedures carried out in accordance with the adopted Family Law Regulations (reg 15(2)); the Attorney‑General may appoint persons to prepare reports (reg 16(1)-(2)).

• Marshal fees. Fees payable to the Marshal for enforcement actions are tied to the Civil Judgments Enforcement Regulations 2005 Schedule 2 equivalent actions, including treating references to the Act in that Schedule as references to the Family Court Act 1997 (reg 6(1)-(2)).

• Registry location. The registry must be in Perth (reg 5), so administrative duties like filing or sealed copy registration (reg 17) are hosted there.

These duties and rights create a suite of administrative steps and legal entitlements. The regulations grant registrars substantial operational discretion but also give litigants routes for challenge and relief (reg 21 review by Family Court Rules 2021 r 322). The procedural rules for information sharing and parentage testing create specific duties on agencies and the Attorney‑General respectively.

The Regulations themselves do not create penal sanctions in the sense of criminal penalties; instead they provide civil and administrative enforcement mechanisms and financial remedies. The relevant enforcement and penalty mechanisms are as follows.

Recovery of unpaid fees

• Fees due under Schedule 1 that are unpaid are recoverable by the State as a debt in a court of competent jurisdiction (reg 21J). That creates a civil enforcement remedy for the State rather than a penal sanction; it allows the State to pursue debt recovery proceedings for unpaid fees.

Registrar and court powers to control proceedings for non‑payment

• If a conciliation conference fee, a hearing fee or a setting down fee is not paid and payment has not been deferred, the relevant court or Principal Registrar may order that no proceeding, or no proceeding other than a specified proceeding, is to take place except by leave (reg 21G(5)(a)). The court or Principal Registrar may also vacate a scheduled hearing or conciliation conference day (reg 21G(5)(c)). These are process‑control sanctions that restrict access to the court’s timetable and the ability of parties to proceed until fees are resolved.

• A registrar or authorised officer may allow filing or provision of service notwithstanding non‑payment (reg 21G(3)). That discretion means operational enforcement is flexible and not purely coercive.

Refunds and abatements

• Where a fee has been paid in error or was already paid by another person, the person who overpaid is entitled to a refund (reg 21H(1)-(3)). There are detailed refund rules for hearing fees, setting down fees and conciliation conference fees (reg 21H(4)-(10)). The refund rules function as a corrective to overcollection rather than as a penalty.

Review and administrative oversight

• Decisions by registrars and authorised officers are reviewable under Family Court Rules 2021 r 322 (reg 21). The review mechanism is an administrative check, providing litigants with a way to challenge decisions such as refusals to defer or exempt fees, or imposition of conditions on deferral.

Information‑sharing safeguards and correction obligations

• Reg 10C imposes duties on information sharing agencies and the court in relation to shared material. If an agency becomes aware that shared material is incorrect, it must notify the court and, subject to record‑keeping obligations, the court must correct its records (reg 10C(8)). Where an agency does not have documents requested by order, it must destroy or redact its records relating to the order after responding (reg 10C(9)), subject to record‑keeping laws (reg 10C(11)). Non‑compliance here could expose agencies to administrative or legal consequences under other statutes or orders; the Regulation itself frames these as duties rather than prescribing immediate sanctions.

Subpoenas and enforcement officers

• The Regulations prescribe a fee for issuing a subpoena (Sch 1 item 10, $65). Enforcement steps involving the Marshal are tied to the Civil Judgments Enforcement Regulations 2005 Sch 2 (reg 6), which include procedures and fee structures for enforcement; any enforcement action would proceed under those instruments, which set out relevant enforcement mechanics.

Absence of criminal penalties within these Regulations

• The Regulations do not prescribe criminal offences or fines for contravening the Regulations themselves. Enforcement is primarily civil (debt recovery), administrative (filing/service control, registrar decisions), and corrective (refunds, notifications, record corrections).

Operational enforcement risks

• Because the Regulations grant discretionary powers to registrars and authorised officers (for deferral, exemption, conditional filing), the real enforcement lever is administrative control rather than statutory penalty. The power to bar proceedings without leave (reg 21G(5)(a)) is the principal operational sanction available to the court for non‑payment where no deferral applies.

In summary, enforcement in the Regulations is implemented through civil debt recovery, administrative control over the progress of proceedings, refund mechanisms, and duties placed on information sharing agencies and the court to correct or destroy material. The text establishes practical levers to influence behaviour (deny filing, vacate hearings, recover fees) rather than criminalise non‑compliance.

The Regulations interact with Commonwealth and State instruments and statutes through adoption, mapping, and cross‑referencing. The principal interaction patterns are direct adoption of Commonwealth Family Law Regulations, cross‑references to the Family Court Act 1997, incorporation by reference of other State instruments, and reliance on external record‑keeping and oath statutes.

Adoption of Commonwealth Family Law Regulations

• The Regulations expressly adopt the Family Law Regulations 2024 (Commonwealth) as "Family Law Regulations" for defined purposes (reg 3(1)). Part 3 of the Family Law Regulations is adopted wholesale (reg 8). Specific Family Law Regulations are adopted for particular Act sections: Family Law Regulation 42 is adopted for Act s 65D (reg 9); Family Law Regulation 55 is adopted for Act s 176(6) (reg 11); Family Law Regulation 74 is adopted for Act s 205ZLK (reg 13); Family Law Regulation 9 is adopted for the definition of income tested pension, allowance or benefit in Act s 205T (reg 14F); Family Law Regulation 59 and others are adopted for parentage testing (reg 15); Family Law Regulation 68 is adopted for Act s 200(b) (reg 16). These adoptions integrate Commonwealth procedural rules and substantive definitions into the WA regime.

Mapping references to WA entities

• Where an adopted Family Law Regulation refers to a Commonwealth concept like "Family Court" or "registrar," reg 3(2) maps that reference to the Family Court of Western Australia and registrars of that Court, and to comparable provisions of the Family Court Act 1997 (reg 3(2)(a)-(e)). That mapping makes Commonwealth provisions operational within the context of the State Act.

Cross‑references to other State and Commonwealth statutes

• Authentication of consents (reg 10A) requires a person who is an authorised witness under the Oaths, Affidavits and Statutory Declarations Act 2005 s 12(6) to endorse the consent. This cross‑reference imports the State statute’s definition of authorised witness into family consent authentication.

• Marshal fees are tied to the Civil Judgments Enforcement Regulations 2005 Schedule 2; reg 6(1) makes the fee payable to the Marshal equivalent to the Sheriff fee under that Schedule, treating references to "the Act" in that Schedule as references to the Family Court Act 1997 (reg 6(2)(a)-(b)). This creates an operational linkage with State enforcement regulations.

• Exemptions for social security recipients and holders of Commonwealth concession cards refer to Commonwealth statutes (for example, Social Security Act 1991 for youth allowance and Austudy payments) under reg 21A(1)(e) and reg 21A(1)(b). Thus entitlements under social security law affect fee liability.

Interaction with record‑keeping and other statutory duties

• Information sharing safeguards (reg 10C) require notification, destruction or redaction of records in specified circumstances, but reg 10C(11) explicitly makes those duties subject to any record‑keeping obligations imposed on the agency or the court by the Commonwealth, a State or Territory law or a court order. That means reg 10C does not override statutory record‑keeping requirements elsewhere; agencies must balance the safeguard duties against other legal requirements.

Procedural rules and review

• Decisions under these Regulations are reviewable under Family Court Rules 2021 r 322 (reg 21). The Family Court Rules therefore form part of the oversight framework for registrar decisions made under the Regulations, creating an interaction between the Regulations and court practice rules.

Parentage testing and reporting interactions

• Regs 15 and 16 adopt Family Law Regulations that in turn will reference testing standards, chain‑of‑custody and laboratory reporting requirements under Commonwealth health and forensic practice. While the Regulations do not themselves impose scientific standards, they adopt Commonwealth regulatory requirements that do. The Attorney‑General’s appointment of report authors (reg 16) must be published in the Gazette, interacting with State publication procedures.

Transitional and amendment interactions

• The compilation table lists multiple amending instruments and commencement dates (Notes, compilation table). Transitional provisions (regs 22-24) state how prior versions of the Regulations continue to apply to services or proceedings requested or commenced before specified dates. That means earlier fee schedules or procedural rules can persist for legacy matters, creating temporal interaction across versions.

Interplay with enforcement instruments

• Because Marshal fees refer to the Civil Judgments Enforcement Regulations, enforcement of orders and the charging of enforcement fees interact with the wider State enforcement regime. Any enforcement proceedings for debts (unpaid fees) will interact with ordinary State debt recovery law.

In sum, the Regulations are an integration layer. They import Commonwealth family law rules, map those rules to WA structures, and cross‑link to State enforcement and oath legislation and to Commonwealth social security laws. Where conflicts could arise , for example, between a reg 10C obligation to destroy records and other statutory record‑keeping obligations , the Regulations defer to other laws (reg 10C(11)). Practitioners must therefore treat the Regulations as part of a network of instruments rather than as a standalone code.

The compilation table at the end of the Regulations records amendment instruments and commencement dates from 1998 through 2025. The text of the Regulations also contains inline amendment annotations for individual regulations. Key amendment milestones and their legal effects are as follows, drawn from the compilation table and the amendment notes in the body of the instrument.

Initial enactment and early amendments

• Family Court Regulations 1998, published 25 Sep 1998, commenced 26 Sep 1998 (r 2; compilation table). That instrument constituted the first set of regulations under the Family Court Act 1997.

• Family Court Amendment Regulations 2002: Gazette 29 Nov 2002; commenced 1 Dec 2002 (compilation table). Amendments from 2002 are reflected in reg 3 and others where amended annotation indicates Gazette 29 Nov 2002.

2006 and 2011 updates

• Family Court Amendment Regulations 2006: Gazette 14 Jul 2006; commenced 15 Jul 2006 (compilation table). Several provisions were inserted or amended then, including adoption of certain Family Law Regulations (reg 8 insertion note; reg 9 insertion).

• Family Court Amendment Regulations 2011: Gazette 13 May 2011; most provisions commenced 14 May 2011 (compilation table). The heading "Part 2 , General" was inserted by Gazette 13 May 2011 p. 1738, and reg 4 onwards reflect the 2011 insertion date in the marginal notes.

Fee‑related amendments, 2012-2015

• Family Court Amendment Regulations 2012: Gazette 14 Dec 2012; most provisions commenced 1 Jan 2013 (compilation table). Part 3 (court fees) heading was inserted by this instrument (heading inserted: Gazette 14 Dec 2012 p. 6236). Regulation 18 (terms used) and Division structuring for the fee Part reflect 2012 changes.

• Family Court Amendment Regulations (No. 2) 2015 and related 2015 instruments: The compilation table records multiple 2015 amendments and a repeal/regulatory reshaping sequence, including an amendment repealed prior to commencement (Family Court Amendment Regulations 2015 repealed by Family Court Amendment Repeal Regulations 2015), and subsequent instruments No. 2 and No. 3 which took effect in July and August 2015 respectively. Transitional reg 24 addresses a refund arising from a Commonwealth Family Law (Fees) Amendment disallowance and aligns liability as if the "current fees" had been in force during the refund period.

Recent and 2021-2025 amendments

• Family Court Amendment Regulations 2021 (SL 2021/19), 2021/137 (No. 2), 2022/45, 2022/123 (No. 2), 2023/88, 2024/140, 2025/16, 2025/63 and 2025/99 appear in the compilation table with commencement dates between 2021 and 2025. Inline amendment notes in the text reference these instruments at the regulation level (for example reg 3 amended SL 2022/45 r. 4; reg 7A inserted SL 2022/45 r. 5; multiple regs amended SL 2025/16 r. x, SL 2025/63 r. x, SL 2025/99 r. 4).

• The Schedule 1 fee amounts and the note "[Pt. 3] [Heading inserted: SL 2025/99 r. 4.]" show that Schedule 1 was inserted or updated by SL 2025/99 r. 4, setting specific dollar amounts for filing and hearing fees as of 25 Jun 2025 (with regulations other than r 1 and 2 commencing 1 Jul 2025 per compilation table). The Schedule lists itemised fees such as $435 for filing an application for final orders (Sch 1 item 1), $1,070 setting down for a judge in defended eligible proceedings (Sch 1 item 2(a)), $490 conciliation conference (Sch 1 item 11), etc.

Textual deletions and insertions

• Several provisions are shown as deleted in the text with marginal notes, including reg 8A (deleted), regs 12, 14 and 14A-14E (deleted), and reg 21I (deleted SL 2021/137 r. 4). This indicates a history of clean‑up and redrafting where provisions were removed or relocated.

Transitional provisions

• The Regulations contain a suite of transitional provisions that preserve prior rules for proceedings or services started before particular amendment commencement dates (regs 22-24). For example, reg 22 preserves certain pre‑2011 regulations for proceedings commenced before the Family Court Amendment Regulations 2011 commencement; reg 23 preserves old regulations for services requested before 1 Jan 2013; reg 24 governs refunds and correction of liabilities for the 2015 fee disallowance refund period.

Amendment notes embedded in provisions

• Many regulations include amendment marginal notes specifying the Gazette or Statutory Instrument and date that effected the insertion or amendment. For instance, reg 3 shows amendment notes including Gazette 29 Nov 2002, 14 Jul 2006, 13 May 2011, 14 Dec 2012, SL 2022/45 r. 4; SL 2025/63 r. 4. Reg 10C and 10B were inserted by SL 2025/16 r. 5, indicating relatively recent additions to the information‑sharing framework.

Practical effect of the amendment record

• The compilation table shows a steady pattern of fee updates, adoption of Commonwealth provisions, and procedural adjustments. For practitioners, the amendment history indicates that critical items such as fee amounts and adopted Commonwealth provisions may change and should be checked against the current reprint and the Gazette for the date that applies to a given matter, noting transitional provisions that preserve older rules for legacy matters (regs 22-24). The Regulation’s approach to adoption "in the form in which it is in force from time to time" (reg 3(3)) means the adopted Commonwealth Family Law Regulations are living, so practitioners must check both State and Commonwealth changes.

This amendment history is recorded in the Regulations’ compilation table and inline marginal notes, which practitioners must consult to determine which version applies to a particular proceeding or filing date.

The text of the Regulations does not record any cases, judicial consideration, or litigation outcomes arising from these Regulations. The instrument itself contains no reported decisions, no references to judicial interpretation, and no recorded appeals or case law citations. The compilation table and the notes are administrative and statutory; they do not include litigation annotations.

Implications for practitioners

• Absence of cited cases in the instrument does not mean there has been no litigation involving these Regulations. It means the Regulations do not annotate or compile case law. Practitioners seeking judicial interpretation of particular regulatory provisions (for example, the exercise of registrar discretion under reg 21F or the scope of the information‑sharing safeguards in reg 10C) must consult court judgments, family law reports and registries for any relevant decisions. The Regulations make decisions by registrars reviewable under Family Court Rules 2021 r 322 (reg 21), so there may be administrative review decisions that bear on practice.

• Because the Regulations rely extensively on adopted Commonwealth Family Law Regulations (reg 3(1), reg 3(3)), litigation at the Commonwealth level on adopted provisions could be relevant to WA practice. Practitioners should check any case law interpreting Family Law Regulations provisions that the State has adopted (for example, adopted provisions concerning parentage testing, registration of foreign orders, or spouse/child maintenance rules).

• Judicial review of registrar decisions and appeals from court orders will be conducted under the Family Court Act 1997 and the Family Court Rules 2021 framework, not within the Regulations themselves; reg 21 simply makes administrative decisions subject to rule 322 review as if they were Principal Registrar orders.

Practical search approach

• For litigation history relevant to these Regulations, search Family Court of Western Australia decisions, Federal Court and Family Court (if applicable), and tribunals for cases mentioning specific regulation numbers (reg 21B, 21F, 10C, 7, etc.) and for Commonwealth Family Law Regulations provisions adopted by the Regulations. Because the Regulations adopt Family Law Regulations in their current form (reg 3(3)), cases interpreting Commonwealth regulations adopted into WA law may be persuasive or directly relevant.

• Given the absence of litigation references in the text, the Regulations place the onus on practitioners to compile relevant case law externally when advising clients on disputed applications of registrar discretion, fee disputes, information sharing orders, parentage testing orders, or transcript access.

In short, there is no litigation history recorded in the Regulations themselves; practitioners must rely on external legal research to locate any judicial interpretation or case law that affects the application of these Rules.

The Regulations contain several practical traps and non‑obvious mechanics that commonly produce procedural pitfalls. These gotchas are derived from specific language in the Regulations and the Schedule and are matters to confirm in practice.

1. Adoption is dynamic, not static (reg 3(3)). The Regulations adopt Family Law Regulations "in the form in which it is in force from time to time" (reg 3(3)). That means a practitioner cannot rely on a single printed copy of an adopted Family Law Regulation without checking the current Commonwealth version. If a Commonwealth amendment alters an adopted regulation, it may have immediate effect locally unless a transitional provision says otherwise. Confirm the operative text at the time of filing.

2. Mapping changes text meaning (reg 3(2)). When a Family Law Regulation says "Family Court" or "registrar" it is to be read as the Family Court of WA or a registrar of that Court (reg 3(2)(a)-(b)). Some Commonwealth forms or references to "Registry" map to a local registry and to forms "with the appropriate modifications" (reg 3(2)(d)). Practitioners should not assume wording is identical in substance; check how mapping affects procedural requirements and forms.

3. Liability allocation varies by document type (reg 20). The general rule is the person who commences proceedings pays the fee (reg 20(1)(c)), but filing a response or interim order application shifts liability to the filer (reg 20(1)(a)). Subpoenas are paid by the requestor (reg 20(1)(b)). If multiple persons are liable, only the highest applicable fee is payable (reg 19(3)). This can produce unexpected bills when proceedings cover multiple matters , always check which item in Schedule 1 applies.

4. Exemption does not extend to cardholders’ dependants (reg 21A(2)). reg 21A(1)(b) exempts holders of specified Commonwealth cards, but reg 21A(2) clarifies that "holder" does not include a dependant of the person who is issued the card. If your client is a dependant on someone else’s concession card (for example, family member living together), they are not automatically exempt.

5. Financial hardship relief is discretionary and fact‑sensitive (reg 21B). The registrar or authorised officer must consider income, day‑to‑day living expenses, liabilities and assets (reg 21B(2)). There is no statutory threshold; the decision is subjective and reviewable under the Family Court Rules 2021 r 322 (reg 21). Practitioners should prepare financial affidavits tailored to those criteria.

6. Deferral is capped to 28 days absent written variation (reg 21F(3)). Although deferrals can be granted more than once (reg 21F(4)), the default repayment period is 28 days unless another written period is approved. If a hearing or setting down is imminent, the deferral period may be insufficient and could force a registrar to deny deferral if urgency does not justify overriding the payment requirement (reg 21F(2)(a)).

7. Refund exclusions for setting down fees (reg 21H(4)). A person is not entitled to a refund of a setting down fee if the first hearing day fixed by the setting down, or a hearing day fixed in place of the first hearing day, does not occur (reg 21H(4)). That is counter‑intuitive: if a hearing date is vacated and not replaced, setting down fees may be non‑refundable in some circumstances. However, hearing fees and conciliation conference fees have refund pathways if proceedings settle before the hearing or conference (reg 21H(5), (9), (10)).

8. Transcript cost equals "actual cost to the court" (reg 7(4)). The fee for transcripts is not a fixed Schedule amount; reg 7(4) makes the fee equivalent to the court’s actual transcription cost. Practitioners should expect variable fees and request estimates prior to ordering transcripts.

9. Information sharing duties subject to other record‑keeping obligations (reg 10C(11)). Reg 10C requires correction and destruction/redaction of records in certain circumstances (reg 10C(8)-(10)), but expressly subjects those duties to any record‑keeping obligations imposed by Commonwealth, State or Territory law or a court order (reg 10C(11)). Agencies and the court must reconcile conflicting obligations; do not assume immediate destruction rights exist.

10. Shared material must not be provided to persons with conflict interests (reg 10C(7)). Reg 10C(7) bars sharing with persons who have a personal relationship with, or any other actual or potential conflict of interest in relation to, a party or child. Practitioners relying on disclosure must check whether recipients fall within the prohibition.

11. Conciliation conference fee structure and practitioner fees (reg 18, Sch 1 item 11). The definition of conciliation conference requires that parties are not required to pay practitioner fees related to the conference (reg 18). If a conference is convened with an external practitioner, confirm whether they can charge separately or the conference meets the definition that precludes practitioner fees being charged to parties.

12. Parentage testing incorporates Commonwealth procedures (reg 15). For parentage testing orders under Act s 195, Family Law Regulations 58-67 apply (reg 15(2)). Practitioners must follow the tested Commonwealth standards and not assume State practice differs: chain‑of‑custody, consent and lab reporting standards may be governed by those adopted regulations.

13. Registry centralisation (reg 5). All filings and registry business are to be conducted through Perth (reg 5). For out‑of‑Perth clients, filing logistics, service and travel must be planned accordingly.

14. Registrar decisions are reviewable as if they were Principal Registrar orders (reg 21). This procedural framing can affect the forum and process for review , the Family Court Rules 2021 r 322 should be consulted to know timelines and grounds.

15. Marshal fee equivalence nuance (reg 6(2)(b)). reg 6(2)(b) specifies that an action is not prevented from being the same as an equivalent action merely because descriptions differ. When aligning Marshal fees to Sheriff fees in the Civil Judgments Enforcement Regulations 2005 Sch 2, differences in terminology will not prevent equivalence, but must be checked to ensure the correct fee is applied.

These specific operational features produce discrete compliance traps. Practitioners should verify cardholder status, the identity of the liable person for each Schedule 1 item, seek written deferrals where needed, obtain registrar pre‑approval for refunds, and review the current adopted Commonwealth provisions to ensure procedural compliance.

This section provides a practical compliance checklist for lawyers, registrars, court staff and parties to proceed under the Family Court Regulations 1998. Each step is grounded in the Regulations and includes citations to the relevant provisions.

Pre‑filing and filing steps

1. Identify the correct filing item in Schedule 1. Before lodging, confirm which Schedule 1 item applies to the document (reg 19(1); Schedule 1). Examples: filing for final orders in eligible financial or parenting proceedings (Sch 1 item 1, $435); filing a consent order (Sch 1 item 7, $205); filing an interim order application (Sch 1 item 8, $150). If the document includes an interim order application and covers another matter, the fee is the sum of item 8 and the filing fee for the document (reg 19(2)).

2. Determine liability for the fee. Use reg 20 to determine who is the liable person: the person who commences the proceedings is generally liable (reg 20(1)(c)); the filer is liable for a response or interim order application (reg 20(1)(a)); the requestor is liable for subpoena issuing (reg 20(1)(b)). If multiple persons are potentially liable, only the highest fee is payable in relation to that fee (reg 19(3)).

3. Check for exemptions and financial hardship. If your client has legal aid, holds a specified Commonwealth concession card, is a prisoner, is under 18, or receives youth allowance/Austudy/ABSTUDY benefits, they may be exempt under reg 21A(1). Confirm cardholder status because a dependant is not a "holder" for exemption purposes (reg 21A(2)). If exemption does not apply, consider applying for exemption on grounds of financial hardship under reg 21B. The registrar or authorised officer must consider income, day‑to‑day living expenses, liabilities and assets (reg 21B(2)).

4. Prepare for timing of payment. Filing fees must be paid before the document is filed (reg 21E(1)). Setting down fees and hearing fees have precise timing obligations (reg 21E(2)-(3)). Conciliation conference fees are payable either before or by 28 days depending on when the conference is fixed (reg 21E(4)). If the payment deadline is an operational issue, seek deferral (reg 21F).

Deferral, conditions and urgent filings

5. Apply for deferral if appropriate. If the filing is urgent and payment before filing would be overridden by urgency, or payment would be oppressive given the person’s financial circumstances, the registrar may defer payment under reg 21F(2)(a)-(b). Draft an application setting out urgency and financial particulars and propose a repayment plan. Be aware that deferral is typically repayable within 28 days unless another written period is approved (reg 21F(3)). A registrar can impose conditions on a deferral (reg 21F(5)) and may defer payment more than once (reg 21F(4)).

6. Allow for registrar discretion and review. If a registrar declines an exemption, deferral, or imposes conditions, the decision is reviewable under Family Court Rules 2021 r 322 as if it were a Principal Registrar order (reg 21). Lodge a review application in accordance with Rule 322 timeframes and grounds.

Transcripts, recording and appeals

7. Transcript process. Proceedings must be recorded where practicable (reg 7(1)). Transcripts are produced only where ordered by the court or registrar (reg 7(2)). If a transcript is requested, be prepared to pay the actual cost to the court of transcribing the record (reg 7(4)). Seek an estimate before instructing transcription services to manage client cost exposure.

8. Appeal fee and setting down considerations. For appeals and setting down, note specific items in Schedule 1: setting down an appeal from a Magistrates Court decree unless item 12 fee was paid is Sch 1 item 5 ($1,070) and filing an application for leave to appeal under s 211 from an interlocutory order of the Magistrates Court is Sch 1 item 12 ($1,705). Ensure the correct fee is paid and confirm timing requirements under reg 21E.

Subpoenas and enforcement

9. Subpoena issuing fee and inspection objections. Issuing a subpoena carries a $65 fee (Sch 1 item 10). There is no fee for an application to set aside a subpoena (reg 21D(1)(c)) or for an objection to inspection or copying of a subpoenaed document (reg 21D(2)). Ensure that subpoenas are correctly costed and lodged.

10. Marshal enforcement fee alignment. If enforcement action entails Marshal involvement, refer to the Civil Judgments Enforcement Regulations 2005 Schedule 2 for equivalent Sheriff fees, noting reg 6(1)-(2) treats references to "the Act" in that Schedule as references to the Family Court Act 1997. Verify the corresponding action description to pick the correct fee even if wording differs (reg 6(2)(b)).

Information sharing, parentage testing and consents

11. Information sharing orders. If seeking or responding to a court order under Act ss 162D or 162E, ensure compliance with reg 10C safeguards: limit provision, storage and use to material relevant to matters identified in ss 162D(2) or 162E(2) or otherwise authorised by law (reg 10C(2)); take reasonable steps to prevent improper access or disclosure (reg 10C(4)); prevent access by persons posing risk to parties or children (reg 10C(5)); and avoid providing material to persons with conflicts of interest (reg 10C(7)). If shared material is found incorrect, notify the court as soon as possible (reg 10C(8)) and expect the court to correct records unless other record‑keeping obligations apply (reg 10C(11)).

12. Authentication of written consents. For consents required to be authenticated under the Act sections listed in reg 10A, obtain authentication by a person who is an authorised witness under the Oaths, Affidavits and Statutory Declarations Act 2005 s 12(6). The witness must endorse a statement confirming identity and that the consent was signed in the witness’s presence (reg 10A). Include a compliant endorsement form to avoid any challenge to consent validity.

13. Parentage testing compliance. If a court orders parentage testing under Act s 195, ensure tests are carried out in accordance with the adopted Family Law Regulations 58 and 60-67 (reg 15(2)) and that any reports are prepared by persons appointed by the Attorney‑General or otherwise in accordance with reg 16. Confirm which laboratories and procedures are appointed and published in the Gazette as required by reg 16(2).

Refunds and dispute handling

14. Refund claims. If a fee has been overpaid, has already been paid by another person, or was not payable (reg 21H(1)-(3)), lodge a written refund claim referencing the relevant payment details and the Schedule 1 item. For hearing fees, a person is entitled to refund if the hearing does not commence and the person notifies the registrar in the prescribed timeframes where relevant (reg 21H(5)-(7)). For conciliation conferences, claim refunds when proceedings are settled or discontinued before the conference (reg 21H(10)).

15. Consequences of unpaid fees. If fees are unpaid and not deferred, documents must not be filed and services not provided (reg 21G(2)), though a registrar may permit filing despite non‑payment (reg 21G(3)). If unpaid, the court may order proceedings be by leave only (reg 21G(5)(a)) and may vacate scheduled hearings (reg 21G(5)(c)). If facing unpaid‑fee issues, seek immediate registrar engagement and consider a formal deferral or exemption application.

Administrative record‑keeping and publication

16. Gazette and appointment publication. If the Attorney‑General appoints persons or classes to prepare parentage testing reports, the instrument of appointment must be published in the Gazette (reg 16(2)). When relying on appointments for expert reports, confirm the appointment exists in the Gazette.

17. Registry location and filing logistics. Registry is in Perth (reg 5). Plan filings, service and sealed‑copy registrations accordingly. Reg 17(1) allows registration of proceedings and certain orders by filing a sealed copy in the registry.

18. Keep records of financial information for hardship applications. When applying for exemption or deferral, supply evidence of income, living expenses, liabilities and assets consistent with reg 21B(2). Anticipate proof requests and provide bank statements, Centrelink notices, pay slips and asset schedules.

19. Check transitional provisions for legacy matters. If the proceeding or service predates an amendment commencement date, consult regs 22-24 to see whether an earlier regime applies. The compilation table and transitional regs set out which version applies to legacy matters.

20. Seek timely review if aggrieved. If a registrar decision is adverse (no deferral, no exemption, improper fee allocation), use the review avenue via Family Court Rules 2021 r 322 as required by reg 21. Preserve evidence and adhere to procedural timeframes for review.

This checklist aligns regulatory obligations and practical steps to statutory text. For contentious or high‑value matters where registrar discretion is likely to be invoked, consider filing detailed financial affidavits, obtaining written deferral terms, and preparing for review under rule 322 if necessary.