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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 20A Power of the Court to deal with civil matters without an oral hearing

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 20A

Power of the Court to deal with civil matters without an oral hearing

  (1)   This section applies in relation to any civil matter coming before the Court in the original jurisdiction of the Court.

  (2)   The Court or a Judge may deal with the matter without an oral hearing (either with or without the consent of the parties) if satisfied that:

  (a)   the matter is frivolous or vexatious; or

  (b)   the issue or issues on which determination of the matter depends have been decided authoritatively in the case law; or

  (c)   determination of the matter would not be significantly aided by an oral hearing because:

  (i)   there is no real issue of fact relevant to determination of the matter; and

  (ii)   the legal arguments in relation to the matter can be dealt with adequately by written submissions.

  (3)   This section does not limit subsections   20(4) and (6).