When the respondent does not appear at a conciliation hearing, on what basis may the conciliation judge make the cross-referred decision of the court's own motion?
General information · Not legal advice
Material to check
In a practice file we read the notice of the conciliation hearing and the paper showing when and how it was served on the respondent, the court's attendance record for that hearing date, the conciliation application showing what the dispute concerns, and the written decision the conciliation judge later made.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition the provision attaches: where the respondent does not appear at the conciliation hearing, the conciliation judge may, "on the judge's own motion" rather than on either party's application, make the decision the provision cross-refers to, and only "where the judge finds that appropriate".
Another reading notes what the provision leaves open: it gives no criteria for what counts as appropriate, does not say whether proper service of the hearing notice on the respondent is required before the judge may act, and does not describe the content of the cross-referred decision, so the file must show those matters separately.
Your judgment
If the respondent's absence is explained by a late or disputed notice, what in the file shows that the conciliation judge's decision on the judge's own motion was still appropriate?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set criteria for finding a decision appropriate, to require proper service of the hearing notice, or to describe the cross-referred decision, or if a court decision explains when the conciliation judge may act on the respondent's absence.