(1) The court may determine any matter in anyproceeding, or determine anyproceeding, without an oral hearing and entirelyon the basis of written submissions and without the appearance of theparties—
(a) if the court is satisfied thatit is in the interests of justice to do so; and
(b) whether or not the partiesconsent to the court doing so.
(2) Subsection (1) does not apply to a criminalproceeding or a matter in a criminalproceeding.
Note
Section 337A of theCriminal Procedure Act 2009provides similarly forcriminalproceedings. See also section 201 of that Act.
(3) For the purposes of subsection (1), indetermining whether it is in the interests of justice to determine a matter oraproceeding without an oral hearing, the court shall have regard to—
(a) the nature of the matter orproceeding; and
(b) the right to a fair hearing; and
(c) whether the parties have had theopportunity to obtain legal advice; and
(d) whether the parties consent tothe court doing so.
(4) Nothing in this section affects any otherpower of the court to determine a matter or aproceeding without an oralhearing.
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