sec.74Oral applications

sec.74 Oral applications

A party to a proceeding may make an oral application for any order or relief the court may make or grant on a written application. If a party makes an oral application under subrule (1) , the court may— permit the application to proceed orally, in a way and on the conditions the court considers appropriate; or direct the party to make the application in writing in accordance with rule 73 . In deciding whether to permit the application to proceed orally under subrule (2) (a) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. r 74 amd 2024 SL No. 76 s 20 (sec.74-ssec.1) A party to a proceeding may make an oral application for any order or relief the court may make or grant on a written application. (sec.74-ssec.2) If a party makes an oral application under subrule (1) , the court may— permit the application to proceed orally, in a way and on the conditions the court considers appropriate; or direct the party to make the application in writing in accordance with rule 73 . (sec.74-ssec.3) In deciding whether to permit the application to proceed orally under subrule (2) (a) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.

• (a) permit the application to proceed orally, in a way and on the conditions the court considers appropriate; or
• (b) direct the party to make the application in writing in accordance with rule 73 .
• (a) consider as paramount— (i) for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or (ii) for a decision in an adoption proceeding—the adoption principles; and Note— For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration.
• (i) for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or