Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (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 16.08 (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.