Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:74
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 74
Character Range: 98577–100128

74  Third party expenses
 (1) For the purposes of subsection 90AJ(4) of the Act, this section provides for matters relating to the expenses of a third party in relation to a marriage in situations where the court has not made an order under subsection 90AJ(2) of the Act in relation to those expenses.
 (2) A third party in relation to a marriage may charge reasonable fees to cover the reasonable expenses of the third party incurred as a necessary result of an order made or an injunction granted, in accordance with Part VIIIAA of the Act, in relation to the marriage.
 (3) Without limiting subsection (2), the fees may cover the reasonable expenses incurred by the third party in complying with the order or injunction.
Examples: Expenses incurred for any of the following matters could be covered in the fees charged by the third party:
(a) legal and registration fees;
(b) valuation fees;
(c) government charges and duties;
(d) searching, obtaining and producing documents;
(e) postage, delivery, transport or other transmission of documents;
(f) communications with the parties to the marriage or another person.
 (4) Each of the parties to the marriage is separately liable to pay to the third party half of the total amount of the fees charged.
 (5) Jurisdiction is conferred on, and invested in, the court:
 (a) to decide whether fees charged by a third party under subsection (2) are reasonable; and
 (b) to make an order in relation to the collection or recovery of such reasonable fees.

Part 9—Registration and enforcement of decrees