Childrens Court Rules 2016
sec.64Way court may manage child protection proceeding or acknowledgement of sex proceeding
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sec.64 Way court may manage child protection proceeding or acknowledgement of sex proceeding
The court may manage a child protection proceeding or an acknowledgement of sex proceeding by making an order or issuing a direction it considers appropriate about the conduct of the proceeding. Without limiting subrule (1) , the court may do any of the following for the proceeding at any time— decide the way the proceeding is to be conducted, including by— setting a timetable for the proceeding; or directing when stages in the proceeding are to be completed; direct that documents in the proceeding be amended; identify the issues in the proceeding; decide the issues that need to be investigated; decide the issues that are to be addressed at an appearance in the proceeding; decide the order in which the issues in the proceeding are to be resolved; if the court considers alternative dispute resolution is appropriate for the proceeding—encourage the parties to use alternative dispute resolution; help the parties to settle all or some of the issues in the proceeding; encourage the parties to cooperate with each other in the proceeding; decide when and how an appearance in the proceeding is to happen, including by directing that technology be used for the proceeding; See also rule 48 . deal with as many issues in the proceeding as possible at each appearance; deal with issues at an appearance without requiring the attendance of some or all of the parties; deal with issues in the proceeding without an appearance; make an order or issue a direction to promote the quick resolution of the proceeding, including by adjourning the proceeding on the court’s own initiative or by application in the proceeding. See division 2 in relation to applications in proceedings. However, for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child, the court must, in acting under subrule (1) or (2) , have regard to the fact that the applicant is a child. See also the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration in exercising jurisdiction or powers in an acknowledgement of sex proceeding. r 64 amd 2024 SL No. 76 s 31 (sec.64-ssec.1) The court may manage a child protection proceeding or an acknowledgement of sex proceeding by making an order or issuing a direction it considers appropriate about the conduct of the proceeding. (sec.64-ssec.2) Without limiting subrule (1) , the court may do any of the following for the proceeding at any time— decide the way the proceeding is to be conducted, including by— setting a timetable for the proceeding; or directing when stages in the proceeding are to be completed; direct that documents in the proceeding be amended; identify the issues in the proceeding; decide the issues that need to be investigated; decide the issues that are to be addressed at an appearance in the proceeding; decide the order in which the issues in the proceeding are to be resolved; if the court considers alternative dispute resolution is appropriate for the proceeding—encourage the parties to use alternative dispute resolution; help the parties to settle all or some of the issues in the proceeding; encourage the parties to cooperate with each other in the proceeding; decide when and how an appearance in the proceeding is to happen, including by directing that technology be used for the proceeding; See also rule 48 . deal with as many issues in the proceeding as possible at each appearance; deal with issues at an appearance without requiring the attendance of some or all of the parties; deal with issues in the proceeding without an appearance; make an order or issue a direction to promote the quick resolution of the proceeding, including by adjourning the proceeding on the court’s own initiative or by application in the proceeding. See division 2 in relation to applications in proceedings. (sec.64-ssec.3) However, for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child, the court must, in acting under subrule (1) or (2) , have regard to the fact that the applicant is a child. See also the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration in exercising jurisdiction or powers in an acknowledgement of sex proceeding.