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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 13.32

Attendance by electronic communication

             (1)  A party may request permission from the court to attend the hearing of an appeal, an application for leave to appeal or any other application in relation to an appeal, or a procedural hearing, by electronic communication.

             (2)  The request must:

                     (a)  be in writing; and

                     (b)  for an application in relation to an appeal or a procedural hearing--be made at least 14 days before the date fixed for the hearing of the application or the procedural hearing; and

                     (c)  for an application for leave to appeal or an appeal--be made at least 14 days before the date fixed for the hearing of the application for leave to appeal or the appeal; and

                     (d)  address all of the matters referred to in subrule 15.16(4) that are 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 or application to be heard by a Full Court--a Judge of the Federal Circuit and Family Court (Division 1); or

                     (b)  for an appeal or application to be heard by a single Judge--the Judge hearing the appeal or application; or

                     (c)  for a procedural hearing--the Judicial Registrar or Judge who is to conduct the procedural hearing.

             (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 expenses between the parties; or

                     (c)  make no order about the expenses.

             (6)  This rule does not apply if the court, on its own initiative, decides to hear an appeal, an application for leave to appeal, or any other application in relation to an appeal, or a procedural hearing, by electronic communication.



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