Remote appearances related to remote evidence
50 Remote appearances related to remote evidence
The Australian court or tribunal may, on application by a party, give leave for:
the giving of evidence; or
the examination of a person giving evidence under paragraph (a); or
the making of submissions relating to the giving of evidence under paragraph (a);
from New Zealand in one or more hearings related to the proceeding by:
the remote appearance medium specified by the court or tribunal; or
if the court or tribunal does not specify a remote appearance medium—either remote appearance medium.
For remote appearances other than those related to giving evidence remotely from New Zealand, see section 48.
In some cases, a defendant and a defendant’s lawyer may appear remotely without the leave of the court or tribunal: see subsections 18(4) and 36(6) (which deal with applications to stay proceedings or set aside subpoenas).
The Australian court or tribunal must not give leave unless it is satisfied that:
the evidence, examination or submission can more conveniently be given or made from New Zealand; and
if the court or tribunal intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and
if the court or tribunal does not intend to specify a remote appearance medium—both remote appearance mediums are, or can reasonably be made, available; and
it is appropriate to give the leave.
If the Australian court or tribunal gives leave, then a qualified NZ lawyer who is not otherwise entitled to appear before the court or tribunal is entitled to practise as a barrister, a solicitor, or both, in relation to that leave.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.