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FAMILY LAW ACT 1975 - SECT 97 Procedure
(1)
Subject to subsections (1A) and (2), to the regulations and to the
applicable Rules of Court, all proceedings in the Family Court, in the Federal
Magistrates Court, or in a court of a Territory (other than the Northern
Territory) when exercising jurisdiction under this Act, shall be heard in open
court.
(1A)
The regulations and the applicable Rules of Court may authorise
proceedings to be heard by a Judge, Judicial Registrar, Registrar, Federal
Magistrate or magistrate sitting in Chambers.
(2)
In any proceedings in the Family Court, or in another court when
exercising jurisdiction under this Act, the 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 proceedings under this Act, the court shall proceed without undue
formality and shall endeavour to ensure that the proceedings are not protracted.