Appear before an Australian court from New Zealand by video link or telephone

If you’re part of a civil case that’s being heard in an Australian court you and your lawyer can ask the Australian court if you can appear before it remotely from New Zealand.

A remote appearance can be by an audio link or audiovisual link. This includes telephone conferences and video link.

When will the Australian court let me appear remotely?

You will automatically be allowed to appear remotely if:

  • you have applied to the Australian court for the case to be stopped (called a stay of proceedings) and
  • the facilities for making a remote appearance are available.

Find out more about the Australian court process for a stay of proceedings (external link)

In other civil cases you or your lawyer can ask for permission to appear remotely. The court will only give permission if it is satisfied that:

  • the remote appearance will allow you to more conveniently take part in the proceeding
  • the facilities for making a remote appearance are available
  • it’s appropriate to give permission.

Your lawyer can also ask to appear remotely

A New Zealand lawyer is entitled to appear remotely before the Australian court when applying for an Australian court case to be stayed on the basis that it is more appropriate for the case to be decided by a New Zealand court.

In all other cases, a New Zealand lawyer can ask the Australian court for permission to appear before it remotely even if they are not registered to practise law in Australia.

The Australian court may give permission for a New Zealand lawyer to appear before it remotely if it is satisfied that:

  • the lawyer is a qualified New Zealand lawyer
  • the party the lawyer is representing ordinarily resides or has its main place of business in New Zealand.

A New Zealand lawyer appearing remotely in Australian proceedings under this regime will be granted the same protections and immunities as a lawyer appearing before the New Zealand High Court.

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