36Proceedings arising outside Victoria

36 Proceedings arising outside Victoria The court shall have power to hear and determine every proceeding in respect of which jurisdiction is conferred upon it by this or any other Act, notwithstanding that part of the cause of action arose outside Victoria, provided that a material part of the cause of action arose within Victoria, and shall have power to hear and determine every such proceeding notwithstanding that the whole cause of action arose outside Victoria, provided that the defendant or accused resided within Victoria at the time of the service of the originating process upon such defendant or accused. S. 36AA inserted by No. 11/2021 s. 53. 36AA Court may determine matter or proceeding without oral hearing (1) The court may determine any matter in any proceeding, or determine any proceeding, without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties— (a) if the court is satisfied that it is in the interests of justice to do so; and (b) whether or not the parties consent to the court doing so. (2) Subsection (1) does not apply to a criminal proceeding or a matter in a criminal proceeding. Section 337A of the **Criminal Procedure Act 2009** provides similarly for criminal proceedings. See also section 201 of that Act. (3) For the purposes of subsection (1), in determining whether it is in the interests of justice to determine a matter or a proceeding without an oral hearing, the court shall have regard to— (a) the nature of the matter or proceeding; and (b) the right to a fair hearing; and (c) whether the parties have had the opportunity to obtain legal advice; and (d) whether the parties consent to the court doing so. (4) Nothing in this section affects any other power of the court to determine a matter or a proceeding without an oral hearing. Pt 2 Div. 1A (Heading) inserted by No. 7705 s. 7.