1Under s 32 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT), the Court may, on a party's application, direct that a person appear by AV link from a place outside the ACT but within Australia, but only where the necessary facilities are available and the direction is in the interests of the administration of justice.
2The s 32(3) considerations are not exhaustive. They include whether the evidence can be more conveniently given elsewhere, any unfairness to another party, and whether the order supports court efficiency by reducing costs or delay.
3For expert medical witnesses in personal injury claims, relevant factors include:
- the risk of significantly inflating costs by requiring experts to take days out of practice;
- whether the expert must examine diagrams or footage in a way remote attendance would impede;
- any need for joint expert evidence; and
- the likelihood that the expert will actually be cross-examined.
