South Australian Consolidated Acts

SUMMARY PROCEDURE ACT 1921 - SECT 62

62—Proceedings on non-appearance of defendant

        (1)         If the defendant fails to appear in obedience to the summons the court may—

            (a)         issue a warrant as provided by section 58, and adjourn the hearing until the defendant is apprehended; or

            (b)         upon proof that the summons was served a reasonable time before the time thereby appointed for his appearance, proceed in the absence of the defendant to the hearing of the complaint and subject to section 62C to adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons; or

            (ba)         upon proof that the summons was served a reasonable time before the time thereby appointed for the defendant's appearance, order that the complaint may be heard in the absence of the defendant and adjourn the hearing; or

            (c)         if the defendant has pleaded guilty in writing pursuant to section 57A proceed in the manner provided by sections 62B and 62C.

        (2)         At a hearing adjourned pursuant to paragraph (ba) of subsection (1) of this section, the court may proceed in the absence of the defendant to the hearing of the complaint and subject to section 62C of this Act adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons.

        (3)         Where a hearing is adjourned under subsection (1), the Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.