- (1)
- A party may request permission from the court to attend a settlement
conference or hearing of an application or appeal by electronic communication.
(2) The request must:
- (a)
- be in writing;
- (b)
- for a settlement conference or hearing of an application relating to an
appeal be made at least 7 days before the date fixed for that
event;
- (c)
- for an appeal hearing be made at least 28 days before the date
fixed for the sitting of the Full Court during which the appeal will be heard;
- (d)
- address all of the matters mentioned in subrule 16.08 (3), if
applicable; and
- (e)
- set out the notice given of the request to any other party and whether
there is any objection to the request.
(3) The request may be determined, in chambers, in the absence of the parties
by:
- (a)
- for an appeal to be heard by the Full Court a Judge of
the Appeal Division; or
- (b)
- for an appeal to be heard by a single Judge the Judge conducting
the settlement conference or hearing of the application or appeal.
(4) The court may take the following matters into account when considering the
request:
- (a)
- the party's distance from the place where the event is to be
held;
- (b)
- any physical difficulty the party has in attending because of illness,
disability or concerns about security.
- (5)
- The court may:
- (a)
- order a party to pay the expenses of attending by
electronic communication; or
- (b)
- apportion the expense between the parties.