Commonwealth Numbered Regulations

1995 No. 371 FAMILY LAW RULES (AMENDMENT) - RULE 44

44.1 After rule 2AA, insert: Taking evidence or making submissions by video
link or telephone

"2AAA. (1) The court may make an order allowing or directing evidence to be
taken or submissions to be made by video link or telephone from any place
inside or outside Australia.

"(2) In relation to evidence taken or submissions made by video link or
telephone from New Zealand, this rule applies subject to Part 4 of the
Evidence and Procedure (New Zealand) Act 1994.

"(3) The court must not make an order allowing, or directing, evidence to be
given or submissions to be made by video link, unless it is satisfied that:

   (a)  the courtroom or other place where the court is sitting, and the place
        where the evidence is to be given or the submissions are to be made,
        are equipped with facilities that:

        (i)    enable persons who are in the place where the court is sitting
               to see and hear the person giving the evidence or making the
               submissions; and

        (ii)   enable persons who are in the place where the evidence is given
               or the submissions are made to see and hear the persons in the
               place where the court is sitting; and

   (b)  the evidence or submissions can more conveniently be given or made
        from the place where the evidence is to be given or the submissions
        are to be made.

"(4) The court must not make an order allowing, or directing, evidence to be
given or submissions to be made by telephone, unless it is satisfied that:

   (a)  the courtroom or other place where the court is sitting, and the place
        where the evidence is to be given or the submissions are to be made,
        are equipped with facilities that:

        (i)    enable persons who are in the place where the court is sitting
               to hear the person giving the evidence or making the
               submissions; and

        (ii)   enable persons who are in the place where the evidence is given
               or the submissions are made to hear the persons in the place
               where the court is sitting; and

   (b)  the evidence or submissions can more conveniently be given or made
        from the place where the evidence is to be given or the submissions
        are to be made.

"(5) If the court makes an order under subrule (1), the court may also make
orders:

   (a)  for the payment of expenses incurred in connection with taking the
        evidence or making the submissions in that way; and

   (b)  requiring a registrar or other person to arrange for evidence to be
        given or submissions to be made; and

   (c)  requiring or requesting an officer of the court, or of another court,
        or another person, to assist in taking the evidence or making the
        submissions and, in particular, to:

        (i)    introduce witnesses and legal representatives; and

        (ii)   administer oaths or arrange for the administration of oaths;
               and

        (iii)  assist in implementing directions or requests of the judge who
               is hearing the evidence or submissions.".