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TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 48 Remote appearances unrelated to remote evidence

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 48

Remote appearances unrelated to remote evidence

  (1)   The Australian court or tribunal may, on application by a party, give the party, the party ' s lawyer , or both , leave to appear remotely from New Zealand in one or more hearings related to the proceeding by :

  (a)   the remote appearance medium specified by the court or tribunal ; or

  (b)   if the court or tribunal does not specify a remote appearance medium--either remote appearance medium.

Note :   In some cases, a defendant and a defendant ' s lawyer may appear remotely without the leave of the court or tribunal : see subsection s   18 (4) and 36 (6) (which deal with applications to stay proceedings or set aside subpoenas ).

  (2 )   The Australian court or tribunal must not give leave to the party or the party's lawyer unless it is satisfied that :

  (a)   the party or the party's lawyer can more conveniently participate in the hearing from New Zealand ; and

  (b)   if the court or tribunal intends to specify a remote appearance medium --that remote appearance medium is, or can reasonably be made, available ; and

  (c)   if the court or tribunal does not intend to specify a remote appearance medium--both remote appearance mediums are, or can reasonably be made, available ; and

  (d )   it is appropriate to give the leave .

  (3 )   If the party's lawyer is not entitled to appear before the court or tribunal , the court or tribunal must not give leave to the party ' s lawyer unless it is satisfied that:

  (a )   the lawyer is a qualified NZ lawyer ; and

  (b )   the party ordinarily resides or, if the party is not an individual, has its principal place of business, in New Zealand .

  (4)   If the court or tribunal gives leave, then a qualified NZ lawyer who is not otherwise entitled to appear before the court or tribunal is entitled to practise as a barrister, a solicitor, or both, in relation to that leave.