Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 5.06

Attendance by electronic communication

             (1)  A party may request permission to do any of the following things by electronic communication at a hearing:

                     (a)  attend;

                     (b)  make a submission;

                     (c)  give evidence;

                     (d)  adduce evidence from a witness.

             (2)  Before making a request, the party must ask any other party whether the other party agrees, or objects, to the use of electronic communication for the purpose proposed by the party.

             (3)  A request must:

                     (a)  be in writing;

                     (b)  be made at least 7 days before the date fixed for the hearing;

                     (c)  set out the information required under subrule 16.05(3);

                     (d)  set out details of the notice in relation to the request that has been given to any other party;

                     (e)  state whether any other party agrees or objects to the request; and

                      (f)  state the expense to be incurred by using the electronic communication.

             (4)  A request may be considered in chambers, on the documents.

             (5)  The court may take the following matters into account when considering a request:

                     (a)  the distance between the party's residence and the place where the court is to sit;

                     (b)  any difficulty the party has in attending because of illness or disability;

                     (c)  the expense associated with attending;

                     (d)  the expense to be incurred, or the savings to be made, by using the electronic communication;

                     (e)  any concerns about security, including family violence and intimidation;

                      (f)  whether any other party objects to the request.

             (6)  If the court grants the request, the court may:

                     (a)  order a party to pay the expense of using the electronic communication; or

                     (b)  apportion the expense between the parties.

             (7)  If a request is granted, the party who made the request must immediately give written notice to the other parties.



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