Domestic Violence Act 1995

General provisions

81 Court may appoint lawyer

(1)

In any proceedings under this Act (not being criminal proceedings), the court may appoint a lawyer—

(a)

to assist the court; or

(b)

to represent a child—

(i)

in any proceedings on an application made, on behalf of that child, in accordance with section 9(2), for a protection order; or

(ii)

in any proceedings relating to or arising out of a protection order made, under this Act, on any such application made on that child’s behalf; or

(c)

to represent any other person (being a person to whom section 11 applies)—

(i)

in any proceedings on an application made, on behalf of that person, in accordance with section 11(2), for any order under this Act; or

(ii)

in any proceedings relating to or arising out of an order made, under this Act, on any such application made on that person’s behalf.

(2)

A lawyer appointed under subsection (1)(c) may call any person as a witness in the proceedings, and may cross-examine witnesses called by any party to the proceedings or by the court.

(2A)

The fees and expenses of a lawyer appointed under subsection (1)(a) or (b) must—

(a)

be determined in accordance with regulations made under section 16D of the Family Court Act 1980 or, if no such regulations are made, by a Registrar of the court; and

(b)

be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.

(3)

The fees and expenses of a lawyer appointed under subsection (1)(c) must—

(a)

be determined in accordance with regulations made under this Act or, if no such regulations are made, by a Registrar of the court; and

(b)

be paid in accordance with that determination out of public money appropriated by Parliament for the purpose.

(4)

An invoice for fees and expenses submitted for payment by a lawyer appointed under this section must be given to a Registrar of the court, and the Registrar processing the invoice may decide to adjust the amount of the invoice.

(5)

If the lawyer is dissatisfied with the decision of the Registrar as to the amount of the invoice, the lawyer may, within 14 days after the date of the decision, apply to a Judge of the court to review the decision; and the Judge may make such order varying or confirming the decision as the Judge considers fair and reasonable.

Compare: 1968 No 63 s 30; 1983 No 76 s 3; 1994 No 35 s 3(1)

Section 81(2): amended, on 31 March 2014, by section 16(1) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 81(2A): inserted, on 31 March 2014, by section 16(2) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 81(2A)(a): amended, on 8 September 2018, by section 46(1) of the Statutes Amendment Act 2018 (2018 No 27).

Section 81(2A)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 81(3): replaced, on 31 March 2014, by section 16(3) of the Domestic Violence Amendment Act 2013 (2013 No 77).

Section 81(3)(a): amended, on 8 September 2018, by section 46(1) of the Statutes Amendment Act 2018 (2018 No 27).

Section 81(4): replaced, on 8 September 2018, by section 46(2) of the Statutes Amendment Act 2018 (2018 No 27).

Section 81(5): amended, on 31 March 2014, by section 16(5) of the Domestic Violence Amendment Act 2013 (2013 No 77).