Document ID: chunk:federal_register_of_legislation:C2021C00487:section:48
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 48
Character Range: 60045–61941

48  Remote appearances unrelated to remote evidence
 (1) The Australian court or tribunal may, on application by a party, give the party, the party's lawyer, or both, leave to appear remotely from New Zealand in one or more hearings related to the proceeding by:
 (a) the remote appearance medium specified by the court or tribunal; or
 (b) if the court or tribunal does not specify a remote appearance medium—either remote appearance medium.
Note: In some cases, a defendant and a defendant's lawyer may appear remotely without the leave of the court or tribunal: see subsections 18(4) and 36(6) (which deal with applications to stay proceedings or set aside subpoenas).
 (2) The Australian court or tribunal must not give leave to the party or the party's lawyer unless it is satisfied that:
 (a) the party or the party's lawyer can more conveniently participate in the hearing from New Zealand; and
 (b) if the court or tribunal intends to specify a remote appearance medium—that remote appearance medium is, or can reasonably be made, available; and
 (c) if the court or tribunal does not intend to specify a remote appearance medium—both remote appearance mediums are, or can reasonably be made, available; and
 (d) it is appropriate to give the leave.
 (3) If the party's lawyer is not entitled to appear before the court or tribunal, the court or tribunal must not give leave to the party's lawyer unless it is satisfied that:
 (a) the lawyer is a qualified NZ lawyer; and
 (b) the party ordinarily resides or, if the party is not an individual, has its principal place of business, in New Zealand.
 (4) If the court or tribunal gives leave, then a qualified NZ lawyer who is not otherwise entitled to appear before the court or tribunal is entitled to practise as a barrister, a solicitor, or both, in relation to that leave.

Subdivision B—Remote appearances related to remote evidence