Attendance at hearing
40 Attendance at hearing
If an applicant does not attend a mention hearing, the court —
if it is satisfied the applicant was notified of the hearing, is to dismiss the application; or
otherwise, is to adjourn the hearing.
If a respondent does not attend a mention hearing and the applicant does attend, the court —
if it is satisfied the respondent was served with the summons requiring the respondent to attend the hearing, is to hear the matter in the absence of the respondent; or
otherwise, is to adjourn the hearing.
When hearing a matter in the absence of the respondent, the court is to —
make a restraining order; or
dismiss the application; or
direct the registrar to fix a hearing and summons the respondent to attend the hearing; or
adjourn the mention hearing.
The registrar is to prepare and serve an order made under subsection (3)(a).
[Section 40 amended: No. 10 of 1998 s. 62(2); No. 59 of 2004 s. 123.]
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