Western Australian Current Acts Western Australian Current Acts (1) A registrar may
convene a conference under this section at the request of the court, or on the
registrar’s own initiative —
(a) in
relation to an application for an FVRO, if —
(i)
the applicant has indicated a wish to proceed to a
defended hearing under section 26(1)(b); or
(ii)
the court has made an FVRO under section 29(1)(a) which
is an interim order under section 29(3) and the respondent has indicated an
objection to the interim order becoming final; or
(iii)
the matter has been adjourned under section 29(1)(c);
or
(b) in
relation to an application to vary or cancel an FVRO.
(2) However, a
conference will not be convened if a party objects to participating in a
conference under this section.
(3) If a conference is
to be convened, the registrar is to fix a day, time and place for the
conference.
(4) The purpose of a
conference is to provide a procedure through which an appropriate outcome to
the proceedings, including by the making of orders, may be achieved without
the parties being together during the conduct of the conference.
(5) In particular
—
(a) a
conference will be conducted by a registrar of the court; and
(b) the
registrar must ensure that the applicant and the respondent remain in separate
rooms during a conference; and
(c) the
applicant and the respondent may each be represented by a legal practitioner,
and have 1 or more other persons present or available to provide support; and
(d) the
registrar conducting a conference may —
(i)
require a party to furnish such information as the
registrar thinks fit; and
(ii)
record any agreement reached at the conference and, to
the extent provided by such an agreement, make any determination (including a
determination that the proceedings be discontinued), or make any order
(including an FVRO or a behaviour management order), on behalf of the court;
and
(iii)
close the conference at any time if, in the
registrar’s opinion, an agreement (or an appropriate agreement) cannot
be reached; and
(iv)
refer the matter back to the court for the purposes of
any proceedings, including by taking steps to list the matter for hearing; and
(v)
otherwise conduct the conference as the registrar thinks
fit.
(6) An agreement
reached at a conference may include an unenforceable undertaking by a party to
attend a behaviour change programme approved by the Minister as envisaged by
section 10P, subject to the following qualifications —
(a) the
undertaking will be unenforceable even if the agreement is incorporated into a
determination or order of the court;
(b) Part
1C will not apply in relation to the undertaking even though the party has
agreed to attend a behaviour change programme.
(7) The registrar
conducting a conference must, before making an order that gives effect to an
agreement proposed or reached at the conference, have regard to the matters
set out in section 10F and may decline to accept or give effect to an
agreement if the registrar considers that the agreement is inappropriate in
the circumstances.
(8) If a party does
not attend a conference, the registrar may, if satisfied that the party was
notified of the conference —
(a)
adjourn the conference to another day and time; or
(b) if
the party is the applicant, dismiss the application; or
(c) if
the party is the respondent, proceed to hear the applicant and, if the
registrar thinks fit, make an order on behalf of the court (including a final
FVRO); or
(d)
refer the matter back to the court.
(9) A person to
provide support under subsection (5)(c) is to be approved by the registrar and
is not to be a person who is a witness in, or a party to, the proceedings.
(10) Evidence of
anything said or done in the course of a conference is inadmissible in civil
proceedings before a court except by consent of all parties to the
proceedings.
[Section 49D inserted: No. 30 of 2020 s. 72.]
[Heading inserted: No. 38 of 2004 s. 35.]