Western Australian Current Acts Western Australian Current Acts (1) If an applicant
does not attend a final order hearing, the court —
(a) if
it is satisfied the applicant was notified of the hearing, is to dismiss the
application; or
(b)
otherwise, is to adjourn the hearing.
(2) If a respondent
does not attend a final order hearing and the applicant does attend, the court
—
(a) if
it is satisfied that the respondent was —
(i)
in the case of a hearing fixed under section 33, notified
of the hearing; or
(ii)
in the case of a hearing fixed under section 40(3)(c),
41(4) or 43A(7)(b), served with a summons requiring the respondent to attend
the hearing,
is, subject to
subsection (3), to hear the matter in the absence of the respondent; or
(b)
otherwise, is to adjourn the hearing.
(3) If —
(a) a
respondent does not attend a final order hearing; and
(b) the
applicant does attend; and
(c) the
court is satisfied in accordance with subsection (2)(a); and
(d) an
earlier restraining order is in force in respect of the matter,
the court is to make a
final order in the same terms as the earlier order unless any new ground or
matter is raised by the applicant at the final order hearing.
(4) At a final order
hearing —
(a)
attended by the applicant but not by the respondent; or
(b)
attended by both the applicant and the respondent,
a court is to admit as
evidence any record of evidence given (including any affidavit filed) at a
prior hearing in relation to the application that is relevant to the
application.
(5) A court is not to
admit as evidence a record of evidence referred to in subsection (4) unless
—
(a) the
person who gave the evidence is available to be cross-examined on that
evidence; or
(b) the
laws of evidence allow the record to be admitted; or
(c) each
party at the hearing consents.
[Section 42 amended: No. 22 of 2000 s. 9; No. 38
of 2004 s. 23 and 25(4); No. 5 of 2008 s. 95.]