Applicant to choose whether to have hearing in absence of respondent
26 Applicant to choose whether to have hearing in absence of respondent
In an application under section 24A or 25 the applicant must indicate whether the applicant wishes to —
have the first hearing of the application held in the absence of the respondent; or
proceed directly to a defended hearing.
If the applicant wishes to have the first hearing held in the absence of the respondent, a hearing for that purpose must be fixed in accordance with the rules of court.
If the applicant wishes to proceed directly to a defended hearing, a hearing must be fixed, and a summons served on the respondent, in accordance with the rules of court.
[Section 26 amended: No. 59 of 2004 s. 123; No. 49 of 2016 s. 32; No. 13 of 2020 s. 36.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.