(1) A party may seek permission from the court to use electronic communication to do any of the following at a hearing:

(a)

attend;

(b)

adduce evidence of a party or witness;

(c)

make a submission to the court.

(2) A request under subrule (1) must:

(a)

be in writing;

(b)

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

(c)

address each matter mentioned in subrule 16.08 (3); and

(d)

set out:

(i)

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

(ii)

whether any other party objects to the request; and

(iii)

the expense to be incurred by using electronic communication.

(3)

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

(4) The court may take the following matters into account when considering a request:

(a)

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

(b)

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

(c)

the expense associated with attending;

(d)

any concerns about security, including family violence and intimidation;

(e)

whether any other party objects to the request.

(5)

In granting a request, the court may:

(a)

order a party to pay the expenses of the attendance by electronic communication; or

(b)

apportion the expenses between the parties.

(6)

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