Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 26

26 .         Applicant to choose whether to have hearing in absence of respondent

        (1)         In an application under section 24A or 25 the applicant must indicate whether the applicant wishes to —

            (a)         have the first hearing of the application held in the absence of the respondent; or

            (b)         proceed directly to a defended hearing.

        (2)         If the applicant wishes to have the first hearing held in the absence of the respondent, a hearing for that purpose must be fixed in accordance with the rules of court.

        (3)         If the applicant wishes to proceed directly to a defended hearing, a hearing must be fixed, and a summons served on the respondent, in accordance with the rules of court.

        [Section 26 amended: No. 59 of 2004 s. 123; No. 49 of 2016 s. 32; No. 13 of 2020 s. 36.]