CTHRepealedLegislation
Family Law Rules 1984
17ACertain applications may proceed without oral hearing
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17A Certain applications may proceed without oral hearing
(1) The Court may order that an application for an order referred to in subsection 94 (2B) or (2D) or subsection 94AAA (8) or (10) of the Act, subsection 107A (7) or (9) of the Registration Act, or subsection 102A (7) or (9) of the Assessment Act may be dealt with by the Court without an oral hearing.
(2) The order may be subject to conditions as the Court directs, in relation to:
(a) the time for filing of affidavits; and
(b) the length of, and time for filing of, written submissions; and
(c) any other matter the Court thinks fit in the interests of justice.
18 Dismissal of appeal
(1) If an appellant has not met a requirement of these Rules or the Regulations, or in some other way has not shown reasonable diligence in proceeding with the appeal, a Full Court may, of its own motion or on application by a party to the appeal:
(a) dismiss the appeal; or
(b) make:
(i) an order fixing a time at which, or within which, the requirement is to be met; and
(ii) at the same time, an order that the appeal will be dismissed if the requirement is not met at or within the time fixed; or
(c) make any other order as appears just.
(2) However, the court may make an order under this rule only if, at least 14 days before the court intends making the order, an Appeal Registrar has given notice to the appellant of the date and time at which the court will consider whether to make the order.
(3) Subrule (2) does not apply to an order arising from an application.
(4) A Full Court may vary an order at any time before the dismissal of the appeal to which the order relates and, in special circumstances, may vary or revoke the order after that time.
19 Procedures on application for dismissal
(1) If a respondent or another party applies for an order under subrule 18 (1), then, unless the Full Court or a Judge of a court having jurisdiction under the Act orders otherwise, a copy of each of:
(a) an application in accordance with Form 42A; and
(b) an affidavit setting out concisely the matters relied on in support of the application;
must be filed in the Regional Appeal Registry by or for the applicant at least 14 days before the return day for the application.
(2) As soon as practicable after the application and the supporting affidavit are filed, the applicant must serve, in accordance with Order 18, a sealed copy of the application and the supporting affidavit on:
19AA Short reasons for decision
The court, when exercising its power under subsection 94 (2A) or 94AAA (7) of the Act, subsection 102 (5) or 102A (6) of the Assessment Act or subsection 107 (4) or 107A (6) of the Registration Act, to give reasons in short form for its decision to dismiss an appeal, must do so by stating them in accordance with Form 42C.