Family Court Rules 2021

A party may request permission to do any of the following things by electronic communication at a hearing —

attend;

make a submission;

give evidence;

adduce evidence from a witness.

Before making a request, the party must ask any other party whether the other party agrees, or objects, to the use of electronic communication for the purpose proposed by the party.

A request must —

be in writing; and

be made at least 7 days before the date fixed for the hearing; and

set out details of the notice in relation to the request that has been given to any other party; and

state whether any other party agrees or objects to the request; and

state the expense to be incurred by using the electronic communication.

A request may be considered in chambers, on the documents.

The court may take the following matters into account when considering a request —

the distance between the party’s residence and the place where the court is to sit;

any difficulty the party has in attending because of illness or disability;

the expense associated with attending;

the expense to be incurred, or the savings to be made, by using the electronic communication;

any concerns about security, including family violence and intimidation;

whether any other party objects to the request.

If the court grants the request, it may —

order a party to pay the expense of using the electronic communication; or

apportion the expense between the parties.

If a request is granted, the party who made the request must immediately give written notice to the other parties.