Affidavit Requesting to Attend Trial by Electronic Means

If you need to attend a trial by electronic means, need to file an affidavit with your application in a case (Form 2). See attending by phone or video link for more details.

The affidavit needs to include the following information:

• what the applicant seeks permission to do by electronic communication (eg. Attend, give evidence, call a witness to give evidence)
• the type of electronic communication to be used
• the place from which the party proposes to attend
• the facilities at the place that will enable everyone to see or hear each other. Eg. A phone conference system so that both you and your lawyer can hear and participate in the proceedings
• if you want a witness to give evidence by electronic communication:
  • whether an affidavit by the witness has been filed
  • whether you are requesting permission for the witness to give oral evidence
  • the relevance of the evidence to the case
  • whether the witness is an expert witness
  • the name, address and occupation of any person who will be present when the evidence is given
  • if the applicant proposes to refer the witness to a document, whether:
    • the document has been filed, and
    • the witness will have a copy of the document
  • whether an interpreter is required, and if so, what arrangements will be made
• the expense of using electronic communication, including any expense to the Court, and the proposals for paying those expenses
• whether the other parties object to the use of telephone or video link and, if so, the reason for the objection.

Evidence given by phone or video from outside Australia

If you are proposing for a witness to give evidence from an overseas jurisdiction, you also need to address:

• whether the party has read the information published by the Attorney-General’s Department about the arrangements with other countries for taking evidence, to determine the attitude of the country’s government to evidence given by electronic communication
• the attitude of the government to evidence by electronic communication can’t be determined from sources within Australia – that that party has made appropriate inquiries through diplomatic channels, a lawyer or a provider of technical facilities in the country to determine that attitude
• whether permission is needed from the country’s government to have a witness give evidence in that country by electronic communication
• if permission is needed, whether permission has been granted or refused
• if permission has been refused, the reason for refusal, and
• whether there are any special requirements to give evidence, including:
  • the administration of an oath, or
  • the form of the oath.

Last updated: 16-Apr-2018

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