Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.51Hearing of application in absence of stated party
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sec.51 Hearing of application in absence of stated party
The court may hear and decide an application for an order dispensing with the need for the consent of a stated party in the absence of the party only if— the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or the court dispenses with the requirement to serve a copy of the application on the party under section 49 (4) . Subsection (1) does not limit the court’s jurisdiction to exclude a person from a proceeding. (sec.51-ssec.1) The court may hear and decide an application for an order dispensing with the need for the consent of a stated party in the absence of the party only if— the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or the court dispenses with the requirement to serve a copy of the application on the party under section 49 (4) . (sec.51-ssec.2) Subsection (1) does not limit the court’s jurisdiction to exclude a person from a proceeding.
- (a) the party has been given reasonable notice of the hearing and failed to attend or continue to attend the hearing; or
- (b) the court dispenses with the requirement to serve a copy of the application on the party under section 49 (4) .