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FAMILY COURT ACT 1997 - SECT 212

FAMILY COURT ACT 1997 - SECT 212

212 .         Proceedings generally to be in open court — FLA s. 97

        (1)         Subject to subsections (2) and (5), all proceedings are to be heard in open court.

        (2)         In any proceedings under this Act, a court may, of its own motion or on the application of a party to the proceedings, make one or more of the following orders —

            (a)         an order that a specified person is not, or specified persons are not, to be present in court during the proceedings or during a specified part of the proceedings;

            (b)         an order that persons included in a specified class of persons are not to be present in court during the proceedings or during a specified part of the proceedings;

            (c)         an order that only the parties to the proceedings, their legal representatives and such other persons (if any) as are specified by the court may be present in court during the proceedings or during a specified part of the proceedings.

        (3)         In any proceedings under this Act, a court must proceed without undue formality and endeavour to ensure that the proceedings are not protracted.

        (4)         Judges, magistrates and counsel are not to robe for proceedings under this Act.

        (5)         The regulations or rules may authorise proceedings under this Act to be heard by a judge, Principal Registrar, registrar or magistrate sitting in Chambers.

        [Section 212 amended: No. 35 of 2006 s. 73.]