Work Health Court Rules 1999

(1) A party seeking to adduce evidence by communication link must apply for an order in accordance with this rule.

(2) A party who applies for an order under this rule must advise the Court of the name of the witness to be examined and, if applicable, the arrangements the party has made for communication link.

(3) If a party seeks an order that he or she may adduce evidence at the hearing of the proceeding by the use of closed-circuit television, the party must:

(a) if possible – apply for the order at a directions conference or prehearing conference; or

(b) if it is not possible to comply with paragraph (a) – apply for the order by:

(ii) on the day of filing – serving a copy of the application on each other party.

(4) Not later than 14 days after being served with an application under subrule (3)(b)(ii), a party may file and serve a notice of objection in accordance with Form 16B, setting out the reasons for the objection.

(5) An objection to an order sought under this rule may be heard at a directions conference, prehearing conference or in open court and the Court must notify the parties of the date, time and place fixed for the hearing of the objection.

(6) If no notice of objection is filed, the Court may make the order sought.

(7) Under this rule the Court may make the orders it considers appropriate, including orders in respect of the following matters:

(c) whether the evidence-in-chief of a medical or non-medical expert to be adduced by communication link is to be confined to that expert's statement.

(8) A party who is entitled to adduce evidence by communication link must reserve the facilities to be used and pay all the costs in connection with their use.

(9) A party who is entitled to adduce evidence by the use of closed-circuit television must, if possible, use the Court's communication facilities and reserve those facilities:

(a) by making the necessary arrangements with the appropriate officer of the Court; and

(b) as soon as practicable after arrangements are made under paragraph (a) – by filing and serving a notice of reservation and undertaking in accordance with Form 16C and serving.