Undefended Hearings List for Protection Proceedings
Information Note - Supplement to Practice Direction 6 of 2021
This notice applies to protection proceedings in the Protection and Care jurisdiction of the Perth Children's Court.
Commencing on 26 September 2022, the Perth Children's Court will operate an Undefended Hearings list. The purpose of the Undefended Hearings List is to determine protection order applications that are proceeding on an undefended basis. This includes:
- Where the matter is proceeding in the absence of a party (ex parte;
- Where any of the parties adopt the position of neither consenting to, nor opposing the protection order application.
The Undefended Hearings List will run at 11am each day, replacing the 11am general list. Consequently, the General List will only operate at 9am.
When a matter is listed for an undefended hearing, the presiding judicial officer will usually allocate an undefended hearing date that is a minimum of two weeks away. The presiding judicial officer may also give directions for the lodging of additional material which may include affidavits, written proposals, and cultural support plans.
Where additional information is to be lodged, and unless directed otherwise, it is to be lodged at least three days prior to the undefended hearing.
The reason for having a separate Undefended Hearing List is to allow sufficient time for the consideration and determination of matters proceeding on an undefended basis (including giving reasons), away from the pressures of the busy General List.
Judge Hylton Quail
President of the Children's Court of Western Australia
14 September 2022
Last updated: 22 February 2023