The Abbott government's plan to increase divorce application charges by $350 from July 1 faces a rocky break up of its own: the Greens are confident they can strike the fee hike down in the Senate.
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The government announced a range of Federal Circuit, Federal and Family Court fee increases in the May Budget, including raising the cost of divorce applications from $845 to $1195. Subpoena fees will go up from $55 to $120.
These changes, which have been criticised by lawyers as "cynical" and a "heavy blow to access to justice" are due to raise $87.4 million over four years. Of this, $22.5 million will go to "streamlining" the courts, while $30 million will refurbish court buildings.
The Greens' legal affairs spokeswoman Penny Wright said it was "completely inappropriate to use family breakdown as a cash cow for the government".
Senator Wright said that divorce applications were very straightforward and usually took only 10 minutes each.
"It is not these cases that are soaking up the court's resources," she said.
Attorney-General George Brandis tabled a regulation setting out the changes this week, but the Senate has the power to strike them out and the Greens plan to move a disallowance motion next Tuesday.
Labor has been highly critical of the fee increases, and the Greens are confident they will gain the extra four crossbench votes they would also need to stop all the changes from taking effect.
Senator Wright said that the fee increases would make it harder for domestic violence victims to get divorces.
"Higher divorce and subpoena fees are an effective tax on court users, targeting people in need right when they are most vulnerable," she said.
Labor's family law spokesman Graham Perrett has previously described the tax as "mean spirited".
"I"m sure the Attorney-General knows that child abuse and family violence cases require the greatest number of subpoenas to be filed."
The Law Council of Australia has also expressed concern about the increase in fees, describing the family law fee changes as "particularly cynical".
"There is no option for divorcing parties other than to apply to the court," Law Council family law spokesman Rick O'Brien said.
"The fact that the revenue raised is not being fully invested back into the underfunded Family Courts simply makes it worse."
Law Council President Duncan McConnel added that many low and middle income Australians might find it too expensive to "enforce their rights through the courts".
