(SCR o 39 r 2A and o 80 r 3; NSW r 31.3; Qld r 392)
(1) The court may receive evidence or submissions by telephone, video link or another form of communication in a proceeding.
(2) The court may, by order, impose conditions for subrule (1).
Note 1 The following provisions also apply to receipt of evidence or submissions by the court by audiovisual or audio link:
• from within the ACT—the Evidence (Miscellaneous Provisions) Act 1991 , div 3.4
• from elsewhere in Australia—the Evidence (Miscellaneous Provisions) Act 1991 , div 3.2 and these rules, div 6.10.6 (Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link)
• from New Zealand—the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), pt 4 and these rules, div 6.10.7 (Taking evidence from New Zealand by video link or telephone).
Note 2 The provisions of the Evidence (Miscellaneous Provisions) Act 1991 mentioned in note 1 do not exclude or limit the operation of any territory law (including these rules) that makes provision for the taking of evidence or the making of a submission outside the ACT for a proceeding in the ACT (see that Act, s 18).
Note 3 Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.