Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 3.09

                If, in an Application for Divorce (other than a case started by a joint Application):

        (a)         no Response has been filed;

        (b)         at the date fixed for the hearing, there are no children of the marriage within the meaning of subsection 98A (3) of the Act;

        (c)         the applicant has requested that the case be heard in the absence of the parties; and

        (d)         the respondent has not requested the court not to hear the case in the absence of the parties;

the court may determine the case in the absence of the parties.