Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p51
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 51/53)
Character Range: 478794–481321

because these countries do not object to the taking of evidence by electronic communication.
Note 2: The court, instead of granting permission for a party to adduce evidence by electronic communication from a witness in a foreign country, may direct the Registry Manager to send a letter of request to the judicial authorities in the foreign country, requesting the court to take evidence from the witness in accordance with the law of the foreign country. For the requirements for a letter of request to the judicial authorities of a foreign country, see rule 8.07.

15.18  Attendance by party or witness in prison
 (1) A party who is in prison must attend a court event by electronic communication.
 (2) A party who intends to adduce evidence from a witness in prison must:
 (a) arrange for the witness to attend and give evidence at the hearing by electronic communication; and
 (b) advise the court and the other parties about that arrangement at least 14 days before the date fixed for the hearing.
 (3) A party may seek permission from the court for a party or witness who is in prison to attend the hearing in person.
Example: A party may apply for an order under subrule (3) if a prison or court has no facilities for the hearing to proceed by electronic communication.
 (4) A request under subrule (3) must:
 (a) be in writing; and
 (b) be made at least 28 days before the date fixed for the hearing or trial to start; and
 (c) set out the reasons why permission should be granted; and
 (d) inform the court whether the other party objects to the request.
 (5) Subrules 15.16(5) and (8) apply to a request under this rule.

15.19  Failure to attend a court event
 (1) If a party to a proceeding is absent from a court event (including a first court date), the court may do one or more of the following:
 (a) adjourn the court event to a specific date or generally;
 (b) order that there is not to be any court event, unless:
 (i) a new date for the court event is fixed; or
 (ii) any other steps that the court directs are taken;
 (c) if the absent party is an applicant—dismiss the application;
 (d) if the absent party is a party who has made an interlocutory application—dismiss the interlocutory application;
 (e) proceed with the hearing generally or in relation to any claim for relief in the proceeding.
 (2) If a party to a proceeding is absent from a court event, the court may also make an order of the kind referred to in subrule 10.27(1) (orders on default), or any other order, or may give any directions,