Text as at 15 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

125A Court may determine matter or proceeding without oral hearing

(1)The court may determine any matter in any proceeding, or determine any proceeding, without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—
(a)if the court is satisfied that it is in the interests of justice to do so; and
(b)whether or not the parties consent to the court doing so.
(2)Subsection (1) does not apply to a criminal proceeding or a matter in a criminal proceeding.
Section 337A of the Criminal Procedure Act 2009 provides similarly for criminal proceedings. See also section 201 of that Act.
(3)For the purposes of subsection (1), in determining whether it is in the interests of justice to determine a matter or a proceeding without an oral hearing, the court shall have regard to—
(a)the nature of the matter or proceeding; and
(b)the right to a fair hearing; and
(c)whether the parties have had the opportunity to obtain legal advice; and
(d)whether the parties consent to the court doing so.
(4)Nothing in this section affects any other power of the court to determine a matter or a proceeding without an oral hearing.
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