ACTIn ForceRegulation
Court Procedures Rules
4314Magistrates Court conviction made in absence of party
Start here
Get a plain-English read of 4314
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
4314 Magistrates Court conviction made in absence of party
set aside—hearing
(1) This rule applies if the court has set aside a conviction in a criminal
proceeding under any of the following rules:
• rule 4310 (Magistrates Court order made in absence of party may
be set aside—general)
• rule 4311 (Magistrates Court order made in absence of defendant
may be set aside—summons for prescribed offence)
• rule 4312 (Magistrates Court order made in absence of party may
be set aside—other offences).
(a) on giving the parties reasonable notice, hear and decide the
(b) adjourn the hearing of the proceeding to a time and place the
court considers appropriate.
(3) If the court adjourns the hearing of the proceeding under
subrule (2) (a), the court may direct the registrar to tell the parties the
date set for the adjourned hearing.