FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 6.11 Use of communication device or recording device in place where hearing taking place
FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 6.11
Use of communication device or recording device in place where hearing taking place(1) In this rule:
"communication device" includes a mobile telephone, audio link, video link or any other electronic communication equipment.
"recording device" means a device that is capable of being used to record images or sound, including a camera, tape recorder, video recorder, mobile telephone or digital audio recorder.
(2) A person must comply with any directions made by the Court at the hearing of any proceeding in the Court relating to the use of a communication device or recording device.
(3) A person must not use a recording device for the purpose of recording or making a transcript of the evidence or submissions in a hearing in the Court.
(4) A person must not use a communication device or a recording device that might:
(a) disturb a hearing in the Court; or
(b) cause any concern to a witness or other participant in the hearing; o r
(c) allow a person who is not present in the Court to receive information about the proceeding or the hearing to which the person is not entitled.
Note 1 The Court may have regard to any relevant matter, including the following:
(a) why the person needs to use the device in the hearing;
(b) if an order has been given excluding one or more witnesses from the Court -- whether there is a risk that the device could be used to brief a witness out of court;
(c) whether the use of the device would disturb the hearing or distract or cause concern to a witness or other participant in the hearing.
Note 2 The Court may dispense with compliance with this rule -- see rule 1.34.