(1)
| (a) | Upon allocation of a date for the hearing the clerk must cause a notice corresponding substantially with Form 4 of the justice regulations to be served on the parties or any other person to the proceedings informing them of the date of hearing, where the hearing has to be attended in person: Provided that where the parties or any person have been informed by the court to attend, such notice is not required. |
| (b) | The parties or any other person may be informed of the hearing electronically; |
| (2) | If the court has directed that the hearing can be attended virtually, or that any witnesses can testify using an audio-visual facility, the clerk must make the necessary arrangements for the audio-visual hearing or testimony. |
| (3) | Unless the court directs otherwise the hearing must— |
| (a) | take place as provided for in section 42(8) of the Act; |
| (b) | be conducted in camera as provided for in section 56 of the Act; and |
(c) be conducted in the manner provided for in section 60(3) of the Act.
(4)
| (a) | The court must explain the nature and purpose of the hearing, how it will be conducted, including the right of the child to participate. |
| (b) | A witness who is not a party to the hearing must be ordered by the court to— |
| (i) | leave the courtroom until he or she is called to give evidence; or |
| (ii) | to remain present outside the courtroom until his or her evidence has been given and he or she had been excused by the court. |
| (c) | The court must ensure compliance with the provisions of rule 3 regarding participation of the child. |
| (5) | The court may, before proceeding to hear evidence, require the parties to state shortly the issues of fact or questions of law which are in dispute and may record the issues so stated. |
| (6) | If, in any pending matter, it appears to the court, that there is a question of law or fact which may conveniently be decided either before any evidence is led or separately from any other question, the court may make an order directing the disposal of such question in such manner as it may deem fit, and the court must at the request of any party make such order unless it appears that the questions cannot conveniently be decided separately. |
| (7) | If the question in dispute is a question of law and the parties are agreed upon the facts, the facts may be admitted in court, either orally or by written statement, by the parties and recorded by the court and judgment may be given thereon without further evidence. |
| (8) | When questions of law and issues of fact arise in the same case and the court is of the opinion that the case may be disposed of upon the questions of law only, the court may— |
| (a) | require the parties to argue upon those questions only; |
| (b) | give its decision thereon before taking evidence as to the issues of fact; and |
| (c) | give final judgment without dealing with the issues of fact. |
| (9) | All parties to the proceedings, including the child may adduce evidence, call witnesses, question witnesses, cross-examine witnesses and address the court as provided for in sections 58, 60 and 63(3)(b) of the Act. |
