This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 September 2006, amend the High Court Rules by inserting new rules relating to the hearing of certain matters by video link.
Section 26IB of the Judicature Act (the Act) provides for Judges or Associate Judges to hear, by video link, matters that are referred to in section 26I of the Act and that are specified in rules made under section 51C of the Act for the purposes of section 26IB. In general terms, the rules—
•specify, for the purposes of section 26IB of the Act, the matters a Judge or Associate Judge can hear by video link:
•prescribe conditions that must be met before a matter can be heard by video link:
•provide for directions to be given concerning the conduct of a hearing by video link.
Rule 2 provides that the rules come into force on 1 September 2006. Section 7 of the Judicature Amendment Act 2006, which inserts section 26IB in the Act, also comes into force on that date.
Rule 3 provides that these rules amend the High Court Rules.
Rule 4 amends rule 48H(1)(b) by adding expenses of conducting a hearing by video link to the list of expenses included in the definition of disbursements for the purposes of rule 48H. As a consequence, these may be included in the costs awarded for a proceeding.
Rule 5 inserts new rules 72B to 72E. New rule 72B defines the terms relating to video links used in these rules and, for the avoidance of doubt, provides that Judge has the meaning of Judge or Associate Judge given to it by rule 3(1). New rules 72C and 72D deal with the jurisdiction of a Judge to hear a matter by video link. In general terms—
•a Judge can hear any matter referred to in section 26I of the Act by video link provided that he or she is satisfied that all locations involved in the video link are equipped with the facilities referred to in new rule 72D(a) and that the use of a video link is consistent with fairness and the interests of justice:
•a matter can be heard by video link on the application of a party to the proceeding or on the Judge's own initiative.
New rule 72E provides for the directions the Judge may give concerning the procedure for the hearing.