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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 344D Rehearing

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 344D

Rehearing

    (1)     If an application under section 344B is heard and determined in the absence of the child, the child may apply to the Court for an order that the determination be set aside and that the application be reheard.

    (2)     On an application for a rehearing, the Court may set aside the order made under section 344C(1) if it considers it appropriate to do so and rehear the application.

    (3)     A notice of intention to apply for a rehearing must—

        (a)     state the reason why the child did not appear at the hearing; and

        (b)     be filed with the registrar at the venue of the Court at which the order was made.

    (4)     The applicant must serve, in accordance with section 593, on the respondent a copy of the notice and may serve it on the day on which the charge is listed for hearing.

Part 5.2—Procedures and standard of proof

Division 1—Custody and bail

S. 345 amended by No. 68/2009 s. 62(1)(2), substituted by No. 1/2016 s. 20.