This is the key requirement. If the absent party received the court documents and knew about the hearing, the Court is generally entitled to proceed.

This includes:

• personal service
• acknowledged email service (where allowed)
• service through a lawyer
• substituted service ordered by the Court

If someone repeatedly misses hearings without explanation, the Court may conclude they’re avoiding the process.

The goal is to prevent proceedings from being stalled. In these situations, the Court is more likely to:

• make interim orders
• enforce deadlines
• progress the matter despite their absence

For example:

• directions hearings
• mentions
• compliance checks

The Court often proceeds with procedural steps even if one party is missing, especially if those steps are necessary to keep the matter on track (such as setting deadlines or ordering disclosure).

If the application involves something serious or time-sensitive,the Court may decide it cannot wait for the other party to attend.

This includes:

• child safety concerns
• risk of relocation
• urgent property issues

The Court may decide it cannot wait for the other party to attend.

If one party doesn’t attend an interim hearing, the Court may:

• hear the attending party’s argument
• make interim orders based on the available evidence
• proceed as if the absent party does not oppose the orders

This can significantly affect parenting or financial arrangements, at least in the short term.

The Court can make orders when a party fails to attend, and in many cases it will. If you’ve missed a hearing, or if the other party keeps failing to show up, understanding how the process works can help you make informed decisions about your next steps. If you ever feel unsure about what to expect at an upcoming hearing or what to do if someone doesn’t attend, getting early advice can make the process far less stressful.