After some debate within the Senate, it has been resolved to significantly increase the filing fees applicable to all applications before the Family Court and Federal Circuit Court of Australia.
This includes a significant increase in the filing fee for a Divorce Application, from $845 to $1,200.
The full list of fees can be accessed through the following link:
http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/fees-and-costs/fees
1. Require a Head Contractor when making a Payment Claim to accompany it with a Full Statement of the claim and a Statutory Declaration that all Sub Contractors have been paid the amounts due and payable for the relevant construction work.
A failure by a Head Contractor to serve such a Statement is potentially a criminal offence.
2. For any Commercial Building Contract it is not necessary for a Payment Claim to be endorsed in the manner under the old Act. A Payment Claim, whether or not it is endorsed, for a Commercial Payment remains valid.
There has been an existing prohibition on the making of Costs Orders in small cases, even when a Plaintiff is successful. A Plaintiff obtaining a Judgment for less than $500,000 in the Supreme Court of New South Wales, or less than $40,000 in the District Court of New South Wales, should not expect to have a Costs Order made in their favour.
However, a recent case of Spanos v Thornberry (2013) District Court, Gibson DCJ makes it clear that the Courts have a discretionary right to grant Costs Orders even within these limitations, particularly in complex litigation.
If you are contemplating Court proceedings you should always obtain competent legal advice before doing so. The issue of the recovery of your own Costs is an important consideration. Our Firm can explain the procedures to you in the initial conference with Matt Howlin, Bruce Honeyman and/or Jodie Jamieson.
