New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 65

65 Preliminary conferences

(1) After copies of the care application have been served in accordance with section 64, a Children’s Registrar of the Children’s Court is to arrange and conduct a preliminary conference between the parties, unless the Children’s Registrar is of the opinion that the holding of such a conference should be deferred until a later time in the proceedings.

(1A) Despite subsection (1), a Children’s Registrar may dispense with the requirement for a preliminary conference between the parties if:

(a) there has been a defended hearing in relation to an application for an assessment order under section 53, an interim care order under section 69, or a care order under section 70, and the Children’s Registrar considers that no useful purpose will be served by a preliminary conference, or

(b) the parties consent to dispense with the preliminary conference, or

(c) there are circumstances, identified by the Children’s Court Rules, in which the requirement for a preliminary conference may be dispensed with.

(2) The purpose of a preliminary conference is:

(a) to identify areas of agreement between the parties, and

(b) to identify issues in dispute between the parties, and

(c) to determine the best way of resolving any issues in dispute, including by referring the application to independent alternative dispute resolution, and

(d) if it is not appropriate to refer the application to independent alternative dispute resolution, to set a timetable for the hearing of the application by the Children’s Court, and

(e) to formulate any interim orders that may be made by consent.

(3) A party may be legally represented at a preliminary conference.

(4) A power conferred by this Act when exercised by a Children’s Registrar is taken to have been exercised by the Children’s Court.

(5) The exercise by a Children’s Registrar of a power conferred by this Act (including this section) does not prevent the exercise of the power by the Children’s Court.