Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 22.39

Attendance by electronic communication
(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.



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