Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p36
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 36/53)
Character Range: 443772–446350

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.

13.33  Attendance by party in prison
 (1) A party who is in prison must 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, if practicable.
 (2) A party may request permission from the court to attend a hearing referred to in subrule (1) in person.
 (3) A request under subrule (2) must:
 (a) be in writing; and
 (b) be made at least 14 days before the date fixed for the relevant hearing; and
 (c) set out the reasons why permission should be granted; and
 (d) set out the notice given of the request to any other party and whether there is any objection to the request.

13.34  Subpoenas
 (1) A subpoena may be issued in an appeal only if leave to issue the subpoena has been given by:
 (a) for an appeal heard by a Full Court—that Full Court; or
 (b) for an appeal heard by a single Judge—that Judge.
 (2) A document produced in compliance with a subpoena issued in accordance with subrule (1) may be inspected only with the leave of the Full Court referred to in paragraph (1)(a) or the Judge referred to in paragraph (1)(b).

Part 13.7—Applications in relation to appeals

Division 13.7.1—How to make an application

13.35  Application of Part 13.7
  This Part applies if a party seeks to make an application in relation to an appeal (other than an