Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.29

             (1)  This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.

             (2)  The fees are a necessary expense for a proceeding if:

                     (a)  either:

                              (i)  the proceeding was heard by a Full Court; or

                             (ii)  in any other proceeding--it was reasonable to engage counsel to attend at the proceeding; and

                     (b)  for a hearing or trial, counsel:

                              (i)  was present for a considerable part of the hearing or trial; and

                             (ii)  gave substantial assistance during the period to which the fees relate in the conduct of the proceeding; and

                     (c)  the fees are not more than the amount otherwise payable under these Rules for counsel engaged to attend at a proceeding.