What is the effect of a judge refusing to grant an ex parte hearing?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

In the context of civil procedure, when a judge refuses to grant an ex parte hearing, it indicates that the judge believes the matter should not proceed without notifying the opposing party. Therefore, the effect of this refusal is that the application will be adjourned, allowing time for the opposing party to be informed and present their case. This approach aligns with the principles of natural justice, which ensure that all parties have an opportunity to be heard.

What this means is that rather than the issue being resolved immediately or dismissed outright, the judge recognizes the necessity of allowing both sides to engage in the proceedings. This decision also upholds the integrity of the legal process by ensuring fairness and transparency. The judge's refusal to proceed ex parte effectively creates an opportunity for a more comprehensive examination of the issues at hand once all parties have been given notice and a chance to respond.

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