Family Proceedings Amendment Act 2013

1: Title
This Act is the Family Proceedings Amendment Act 2013.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made appointing different dates for different provisions.
2: If any provision of this Act has not earlier been brought into force under subsection (1), it comes into force on the day that is 1 year after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Family Proceedings Act 1980 principal Act 2014-07-15 Family Proceedings Act 1980 see section 2(1) This Act or parts of this Act can come into force earlier by OIC.
4: Appointment of barrister or solicitor to assist Court or represent children
Section 162(6)
5: New sections 162B to 162E inserted
The following sections are inserted after section 162
162B: Costs of Court-appointed barrister or solicitor
1: Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 162(1)(a), the Court may, if it thinks it is appropriate, order a party to the proceedings to refund to the Crown an amount the Court specifies in respect of those fees and expenses.
2: Despite section 162(3), where any fees and expenses have been paid under that subsection that relate to an appointment under section 162(1)(b), the Court must make an order under section 162C
162C: Order requiring refund of payments in respect of barrister or solicitor representing child
1: An order referred to in section 162B(2)
2: Each party must pay an equal share of the prescribed proportion.
3: Despite subsection (1)
4: Despite subsection (2)
5: In this section,— dependent child prescribed proportion section 131A serious hardship
a: includes significant financial difficulties that arise because of—
i: the party's inability to meet minimum living expenses according to normal community standards; or
ii: the cost of medical treatment for an illness or injury of the party or a dependent child of the party; or
iii: a serious illness suffered by the party or by a dependent child of the party; or
iv: the cost of education for a dependent child of the party:
b: does not include significant financial difficulties that arise because—
i: the social activities and entertainment of the party or those of a dependent child of the party may be limited; or
ii: the party is unable to afford goods or services that are expensive or of a high quality or standard according to normal community standards.
162D: Enforcement of orders to refund fees and expenses of Court-appointed barristers or solicitors
1: The amount that a party is ordered to refund under section 162B(1) 162C
2: Despite section 113 or 123 of the District Courts Act 1947 or section 100A of the Judicature Act 1908, no Court fee is payable by a person who seeks to enforce, on behalf of the Crown, an order referred to in subsection (1)
a: is to be added to the amount sought to be enforced; and
b: must be paid to the Registrar of the Court out of any proceeds that result from the enforcement.
3: For the purposes of section 14(1)(b) of the Crown Proceedings Act 1950, the Secretary for Justice may, on behalf of the Crown, enforce a debt under this section.
162E: Time for payment of orders to refund fees and expenses of Court-appointed barristers or solicitors may be extended
1: If an amount that a party is ordered to refund under section 162B(1) 162C
a: a greater time for payment:
b: payment to be made by instalments.
2: No arrangement under subsection (1)
3: No action to enforce an amount that is the subject of an arrangement under this section may be taken as long as the arrangement continues in force and is duly observed.
4: If an amount may be paid by instalments and default is made in the payment of any instalment, proceedings may be taken against the person in default as if default had been made in the payment of all instalments then remaining unpaid.
6: Transitional provisions relating to reimbursement of costs of Court-appointed counsel
1: Section 162(6) section 4
2: This subsection applies to—
a: any order made under section 162(6) section 4
b: any order made, after that commencement, under section 162(6) subsection (1)
3: Despite subsection (1) subsection (2) section 162(6) subsection (1)
4: Sections 162B 162C 162D(1) section 5 section 5
5: Sections 162D(2) and (3) and 162E section 5 subsection (2)