Land Court Rules 2022
sec.36When court may dispense with oral hearing
Start here
Get a plain-English read of sec.36
Turn the raw legal text into a practical explanation grounded in Land Court Rules 2022.
sec.36 When court may dispense with oral hearing
The court may, at the request of a party to a proceeding or on its own initiative, dispense with the oral hearing of the proceeding, or an application in the proceeding, if— the court is satisfied that it is appropriate to decide the proceeding or application without an oral hearing; and the parties are given notice of the court’s proposal to decide the proceeding or application without an oral hearing; and there is no objection raised by any party to the proceeding. However, if at any time the court decides it is inappropriate to decide the proceeding or application without an oral hearing, the court— must, as soon as practicable, notify the parties of the decision; and may set a date for hearing the proceeding or application. A proceeding, or an application in a proceeding, is decided without an oral hearing if it is decided on written material and submissions without the parties to the proceeding attending. (sec.36-ssec.1) The court may, at the request of a party to a proceeding or on its own initiative, dispense with the oral hearing of the proceeding, or an application in the proceeding, if— the court is satisfied that it is appropriate to decide the proceeding or application without an oral hearing; and the parties are given notice of the court’s proposal to decide the proceeding or application without an oral hearing; and there is no objection raised by any party to the proceeding. (sec.36-ssec.2) However, if at any time the court decides it is inappropriate to decide the proceeding or application without an oral hearing, the court— must, as soon as practicable, notify the parties of the decision; and may set a date for hearing the proceeding or application. (sec.36-ssec.3) A proceeding, or an application in a proceeding, is decided without an oral hearing if it is decided on written material and submissions without the parties to the proceeding attending.
- (a) the court is satisfied that it is appropriate to decide the proceeding or application without an oral hearing; and
- (b) the parties are given notice of the court’s proposal to decide the proceeding or application without an oral hearing; and
- (c) there is no objection raised by any party to the proceeding.
- (a) must, as soon as practicable, notify the parties of the decision; and
- (b) may set a date for hearing the proceeding or application.