Use of communication device or recording tool in a hearing
6.11 Use of communication device or recording tool in a hearing
In this rule:
communication device includes a mobile telephone, audio link, video link or any other electronic communication equipment.
recording tool means any device, software or hardware that is capable of capturing or recording audio, images or video, including a camera, tape recorder, video recorder, mobile telephone, digital audio recorder, automated system, bot, or embedded technology in a computing device.
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 tool.
A person must not use a recording tool for the purpose of recording or making a transcript of the evidence or submissions in a hearing in the Court, including a hearing made accessible to the public by way of video link, audio link or other appropriate means.
A person must not use a communication device or a recording tool that might:
disturb a hearing in the Court; or
cause any concern to a witness or other participant in the hearing; or
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.
The Court may have regard to any relevant matter, including the following:
why the person needs to use the device or tool in the hearing;
if an order has been given excluding one or more witnesses from the Court—whether there is a risk that the device or tool could be used to brief a witness out of court;
whether the use of the device or tool would disturb the hearing or distract or cause concern to a witness or other participant in the hearing.
The Court may dispense with compliance with this rule—see rule 1.34.
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