The Children's Court of Victoria has a wide procedural discretion under s 215(1) of the Children, Youth and Families Act 2005 to conduct a 'submissions contest' hearing in revocation proceedings, acting on departmental reports and bar table submissions rather than formal sworn evidence, where the critical facts are not in serious dispute and the best interests of the child so require. A disposition report under s 557 is not a condition precedent to the exercise of the revocation power under s 308. The right to a fair hearing under s 24(1) of the Charter applies to parties in Children's Court protection proceedings. On appeal from the Children's Court, the Supreme Court should adopt a cautious approach before interfering with the procedural decisions of that specialist court.
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