Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 22.38

Decision without an oral hearing

             (1)  Part 5.4 applies to an application in relation to an appeal as if a reference in that Part:

                     (a)  to an application for an interim or procedural order were a reference to an application in relation to an appeal; and

                     (b)  to 'in the absence of the parties' were a reference to 'without an oral hearing'.

             (2)  If an application is referred to a Judge in chambers in accordance with paragraph 22.37(b), the Judge may:

                     (a)   order that the application be dealt with by the court without an oral hearing and:

                              (i)  make procedural orders in relation to the conduct of the application, including the filing of written submissions; or

                             (ii)  determine the application; or

                     (b)   direct that a date for hearing be fixed for the application and require the parties to attend.

Note 1:       The court has the power to determine some applications relating to an appeal without an oral hearing (see subsections 94(2C) and (2E), 94AAA(9) and (11), and 94AA(3) of the Act, subsections 102(7) and (9), and 102A(8) and (10) of the Assessment Act and subsections 107(6) and (8), and 107A(8) and (10) of the Registration Act). The court may decide to deal with an application without an oral hearing on its own initiative or on application.

Note 2:       For the requirements for withdrawing or discontinuing an application, see Part 10.2.



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