Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 15.18

Attendance by party or witness in prison

             (1)  A party who is in prison must attend a court event by electronic communication.

             (2)  A party who intends to adduce evidence from a witness in prison must:

                     (a)  arrange for the witness to attend and give evidence at the hearing by electronic communication; and

                     (b)  advise the court and the other parties about that arrangement at least 14 days before the date fixed for the hearing.

             (3)  A party may seek permission from the court for a party or witness who is in prison to attend the hearing in person.

Example:    A party may apply for an order under subrule (3) if a prison or court has no facilities for the hearing to proceed by electronic communication.

             (4)  A request under subrule (3) must:

                     (a)  be in writing; and

                     (b)  be made at least 28 days before the date fixed for the hearing or trial to start; and

                     (c)  set out the reasons why permission should be granted; and

                     (d)  inform the court whether the other party objects to the request.

             (5)  Subrules 15.16(5) and (8) apply to a request under this rule.



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