The Work Health Court has power to entertain summary judgment applications without the consent of the parties, both by implied power as a matter of practice and procedure and by express power under s 97 of the Work Health Act which confers Local Court powers including O 22 and O 23 of the Local Court Rules. The requirement under s 107(2)(a) for consent applies only to summary trials, not to summary judgment applications. The informality of preliminary conferences under s 107 does not displace the rules of natural justice, and a magistrate must give parties an opportunity to be heard before dismissing an application.
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