Commonwealth Consolidated Regulations

FAMILY LAW RULES 2004 - RULE 5.07

        (1)         A party who is in prison must attend at a hearing by electronic communication.

        (2)         A party who intends to adduce evidence from a witness in prison must:

        (a)         arrange for the witness to attend and give evidence at the hearing by electronic communication; and

        (b)         advise the court and the other parties about that arrangement at least 2 days before the date fixed for the hearing.

        (3)         A party may seek permission from the court for a party or witness who is in prison to attend the hearing in person.

Example

A party may apply for an order under subrule (3) if a prison or court has no facilities for the hearing to proceed by electronic communication.

        (4)         A request under subrule (3) must:

        (a)         be in writing;

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

        (c)         set out the reasons why permission should be granted; and

        (d)         inform the court whether the other party objects to the request.

        (5)         Subrules 5.06 (4) and (7) apply to a request under this rule.