1. Introduction

The term ‘electronic hearing’ is used throughout this guide to refer to court hearings conducted via electronic means, either videoconferencing or teleconferencing. An electronic hearing is a proper and formal court hearing. The only difference is that it is conducted via electronic means rather than in-person with all parties in a courtroom. This may include hybrid hearings where the hearing contains both in person and electronic attendees.

Proceedings identified as being suitable will be listed for hearing using remote access technology including but not limited to Microsoft Teams (Teams) or Cisco Webex (Webex). The usual Rules of Court, court procedures, courtesies and formalities are still applicable and are expected to be complied with. The Court will inform you whether your hearing is scheduled to take place in-person or electronically.

This guide is for proceedings conducted in the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2) (Courts).

2. Initial Steps

The decision as to how a hearing is conducted is a matter for each judicial officer. In considering the suitability of videoconferencing or teleconferencing, the Court may consider issues such as the nature of the case, the technological facilities available to parties, their lawyers and any witnesses to be called, their ability to effectively participate in the hearing, and how best to uphold the interests of justice.

Practitioners and self-represented litigants will receive correspondence from the Court in relation to the technology that will be used to facilitate their hearing, and whether it is by videoconference or teleconference. Practitioners and litigants are expected to be proactive and inform the Court promptly if they foresee any difficulty with participating in an electronic hearing, and to propose jointly agreed solutions where possible.

If a hearing is listed in person, permission must be sought to attend by telephone or video link. A Request to attend by electronic communication must be filed within the required timeframe.

If there is a dispute about whether a trial should proceed via videoconferencing, the presiding Judge will determine that dispute. Practitioners should not assume that resistance to a video trial will automatically be successful.

2.1 Setting up the hearing

Electronic hearings via Teams and Webex are set up by email. The Court will email the legal representatives and self-represented litigants the details needed to join the hearing.

The Court may request that a direct email address for solicitors and self-represented litigants be provided to the Court so that a hearing invitation can be sent. If a direct email address is not provided, the email address on the Notice of Address for Service for each party will be used.

To assist the Court, please ensure that a current Notice of Address for Service, including an email address, is on the court file. The form can be downloaded from the FCFCOA website, and uploaded to the Commonwealth Courts Portal.

For represented parties, it is the responsibility of each solicitor to forward the meeting details and electronic meeting link to their client and any counsel appearing.

2.2 Joining an electronic hearing

Participants can join a hearing held via Teams or Webex by video or audio from a desktop, laptop, tablet or smartphone.

Participants who wish to join by Web Browser or Application should refer to Annexure A which contains illustrative instructions on how to download the application, access testing environments, how to join a Teams or Webex Meeting and meeting controls available to participants. Participants are not expected to download download/purchase an application to attend electronically, unless you are joining by smartphone.

Important: If joining a Teams or Webex hearing by smartphone, participants will need to download the free application from the relevant App Store.

Parties required to attend by teleconference, see Annexure B for illustrative instructions on how to prepare for and dial into Teams or Webex Meeting by Phone.

2.3 Technology Tips

Use a headset, or headphones that have a microphone (such as most headphones that come with smartphones), to avoid echo and increase audio quality. Ensure you select the headphones in the settings for ‘Devices’ as the microphone and speaker. If you have the volume turned up and audio coming through the speakers of your device, it may be picked up by your microphone and echo. If other participants are complaining of echo and you cannot hear any echo, it is likely that you are the cause.

Participants should have their microphone muted and cameras switched off when they are not speaking or not required to be seen, as the Judge or Registrar directs.

Ensure you are located in a quiet, distraction-free location with good lighting and minimal background noise. Use an appropriate camera angle and background to your video.

If litigants are participating from their home, as far as is possible, ensure that they are out of earshot of any children present in the household to which the proceedings relate.

Ensure devices are fully charged before the hearing and have the charger handy nearby. Videoconferencing can drain the battery of devices quickly.

If appearing by telephone, do not place the Court on hold. Speak directly into the phone. Do not place the phone on loudspeaker, as it will decrease audio quality.

3. Electronic Hearing Procedure and Etiquette

A courtroom is a formal place, whether it is in a physical court registry or convened electronically. Please review the Etiquette and Tips and Electronic hearings pages on the Courts’ website for expectations of courtroom behaviour and decorum.

You can also watch a video about what to expect for an in-person or electronic hearing.

Similar to an in-person Court hearing, an Associate, Legal Case Manager or Court Officer will run the electronic hearing using Teams or Webex. The Associate or Court Officer will:

• admit participants into the hearing through the virtual lobby;
• record participants’ names and appearances before the commencement of the hearing;
• inform the participants when the Judge or Registrar will join the hearing, open and close the courtroom, and call the name of the matter for hearing;
• provide documents to the Judge or Registrar that have been handed up by email, or share documents on the screen for all parties to see; and
• Administer oaths or affirmations when necessary.

In relation to proceedings by video conference or teleconference, see the following provisions:

• Division 2 of Part XI of the Family Law Act 1975 (Cth) – Use of video link, audio link or other appropriate means to give testimony, make appearances and give submissions etc.
• Division 6 of Part 6 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) – Use of video links or audio links.

Counsel are expected to robe as per usual, unless otherwise indicated by the presiding judge. Solicitors, litigants and witnesses should dress professionally as if they were attending an in-person hearing in a courtroom.

Participants are not expected to stand when the Judge or Registrar joins the hearing electronically and should remain seated when addressing the Court. Aside from water, participants should not eat or drink during the hearing.

Participants should ensure that their mobile phones are switched off or on silent. Discreet mobile phone or tablet usage is permitted for communicating or obtaining instructions, provided the devices are on silent, and that practitioners and parties mute their microphones when they are communicating.

If your matter is stood down, please ensure that you rejoin the hearing promptly at the time directed, to minimise disruption and delay to proceedings.

3.1 Guidelines for witnesses

For the purpose of this guidance, a witness includes a party.

The below information is provided as guidance. The conduct of the hearing remains a matter for the presiding judicial officer. Witnesses, parties and lawyers should follow any direction given by the judicial officer in relation to the conduct of the proceedings and manner in which the witness is to give evidence.

• The behaviour, manner and presentation of a witness should be the same as if they were attending the Court hearing in person. This includes addressing the Judge correctly as “Your Honour” and addressing Counsel politely and courteously.
• A witness is to be alone, in a secure room with doors closed.
• The witness is to ensure that there will be no interruptions or distractions for the duration of the video appearance at the hearing.
• If witnesses are unable to give uninterrupted evidence, they should advise their legal representatives as soon as practicable.
• A witness may have a glass of water with them but a witness is not permitted to eat or to drink anything else during the course of the hearing, without permission to do so.
• The witness may take notes and have pen and blank paper for doing so but the taking of notes will not be permitted where it impedes the flow of the evidence.
• A witness should have recently re-read all affidavits or statements made by them in these proceedings and have a clean copy of those documents with them. Copy affidavits should be placed face down on the surface in front of the witness and not turned over or read by the witness unless or until the witness is directed to do so. If the witness only has electronic copies, the files should be placed on the desktop of the witness’ computer, and not opened or read by the witness unless or until directed to do so.
• The witness will be sworn or affirmed by the Associate prior to commencement of their evidence. It is expected that the witness has had explained to them the distinction between an oath and an affirmation and be able to say whether they wish to make an oath or an affirmation.
• The party cross-examining the witness is to ensure that the witness has all documents to which they may be referred. This means that a cross-examiner must know in advance what documents will be shown to the witness and ensure that those documents are available to the witness in a timely manner.
• Witnesses cannot communicate with anyone about their evidence whilst under cross-examination:
  • Witnesses are not permitted to use or access their phones whilst giving evidence. They may use them to communicate with their practitioner at all other times;
  • Witnesses may be asked to show the Court their location for giving evidence, to confirm that they are alone.
• Where an objection is made and discussions are required in the absence of the witness, the witness may be asked to mute their computer or otherwise be virtually ejected from the meeting space and invited to re-join when the objection has been dealt with.

4. Document Management

All documents relied upon by parties must be e-filed or e-lodged, or only if this is not possible, emailed to the relevant registry. For more information, see Filing.

Documents should only be emailed to Chambers if ordered or directed to do so. Practitioners and litigants should continue to adhere to the Protocol for Communicating with Chambers, including the requirement to ensure that all parties are copied into any correspondence with the Court.

When required, the Associate or Court Officer in control of the electronic hearing will be able to share a document on the screen for all participants can see. This is one way of facilitating the electronic ‘handing up’ of documents. A participant may only share their screen if given permission by the Judicial Officer.

At the start of the hearing, practitioners must ensure that they have ready access to electronic copies of all filed documents and material in order to be able to email them to Chambers at short notice during the hearing if required.

4.1 Court Books

Court books/electronic tender bundles are to be provided in the time and manner directed by each Judge. Court books must be provided in PDF format and be indexed and paginated. A page limit may be imposed.

In the event medical, child protection or police records obtained under subpoena are required to show a witness, tender to the court or be included in a Court Book, practitioners are at liberty to contact Chambers to seek leave to copy same or seek other orders and directions to facilitate this process. Where the Judge deems it appropriate, orders may be made for those documents to be copied or scanned subject to strict conditions imposed on the practitioners making that request.

PDF files can be combined, paginated and bookmarked using a number of different programs.

Adobe Scan is a free and useful mobile app that can be used to ‘scan’ any hardcopy document using a smartphone and convert it into a PDF.

5. Recording and Transcription

Electronic hearings are being recorded by the Courts’ recording and transcription service provider, VIQ Solutions, or through the Teams or Webex recording function. Participation in an electronic hearing indicates a participant’s consent to being recorded. Transcript will be available through VIQ Solutions in accordance with the usual ordering processes.

All participants are prohibited from recording, by any means, including recording by AI, any court hearing or other court event.

See rule 15.23 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 for family law proceedings, and Division 6.2 of the Federal Court Rules 2011 for general federal law and migration proceedings.

Part XIVB of the Family Law Act 1975 (Cth), which replaced section 121, prohibits the publication or dissemination of an account of any part of any proceedings that identifies a party, a witness, or any person associated with the proceedings.

6. Safety in Electronic Hearings

Litigants should be mindful of their personal safety when participating in an electronic hearing, including by considering the following:

• If joining the hearing using video, consider turning on background blur, or sitting in front of a neutral background such as a blank wall, blind or door;
• If there are safety concerns about appearing with video turned on, the Judge or Registrar may permit litigants to participate in the hearing using only audio:
  • If joining a Teams hearing by telephone, switch caller ID off before dialling the conference number. Otherwise, if caller ID is switched on, litigants should be aware that their phone number will be displayed in the Teams meeting to others participating using the desktop app, web browser version or smartphone app (but will not be visible to other participants also dialling in on the telephone). Switching caller ID off means only a random 9 digit number will be shown.

Caller ID ON	Caller ID OFF

• If joining a Webex hearing by telephone, Webex will automatically redact your phone number from display to other participants in the meeting.

Caller ID ON	Caller ID OFF

• Set aside time to participate in the hearing distraction-free and without children present.
• Maintain social distancing at remote locations.

Visit Web Conferencing Security | Cyber.gov.au tips on video-conferencing security.

7. Open Justice

Hearings can be observed by any member of the public. This is subject to a Judge or Registrar’s usual discretion to determine that in particular cases, only certain people should be present during the hearing, or that certain people are not to be present during the hearing.

The daily court lists are published on the Courts’ website at approximately 4pm the day before the hearing. If a member of the public wishes to observe a hearing, or listen in to a hearing, they should contact the Associate or Legal Case Manager to the judicial officer (Judge, Senior Judicial Registrar, Judicial Registrar) via email as early as possible and by no later than 8.30am local time on the morning of the hearing. If you do not have the email address for the Associate or Legal Case Manager you can contact the Court by calling 1300 352 000.

The Court will endeavour to respond to all requests in a timely way, noting that if members of the public email the Court shortly before a hearing is scheduled to start, the request may not be able to be accommodated.

Current as at 22^nd April 2024. Errors or queries in relation to this document should be forwarded to DigitalPractice@fedcourt.gov.au

0424V1

Annexure A: Join Webex or Teams meeting via web browser or application

Download

• To join a Teams or Webex meeting via application, first download the application. Visit:
  • Teams App | Microsoft website; or
  • Webex App | Cisco website
• Click on the relevant download button.
• A download will begin. Once completed, click on the file to begin installation.
• Once installation is complete, press Continue to check the desktop app will open. If it opens, no further action is required until the day of the hearing.

Important: On the next screen, you will be prompted to create an account or sign in Participants do not need to sign up for an account – it is sufficient to have the desktop app downloaded onto the computer.

Testing

1. Web browser

1.1. Test Connection to a Teams meeting before the hearing commences:

1. Follow steps 1-5 under Joining the Electronic Hearing below to manage your microphone, speaker and camera settings before entering the electronic lobby/meeting.

1.2. Test connection to a Webex meeting anytime:

1. Go to Cisco Webex | Test online meeting
2. Enter your Name and Email, then select Join button
3. If asked to give Webex permission to use your microphone and camera, select Allow per Figure 1 below.
4. Select your microphone and video settings.
5. Select Join Meeting button
6. To check your microphone is working, enable Closed Captions and speak into the microphone. Your speech should appear as text on the bottom of the screen:

2. Application

1. Visit the:
   
   1. Teams App | Microsoft website; or
   2. Webex App | Cisco website
2. Click on the relevant download button.
3. A download will begin. Once completed, click on the file to begin installation.

4. Once installation is complete, press Continue to check the desktop app will open. If it opens, no further action is required until the day of the hearing.

   Important: On the next screen, you will be prompted to create an account or sign in Participants do not need to sign up for an account – it is sufficient to have the desktop app downloaded onto the computer.

5. To test your device settings, visit:
   
   1. Teams App | Manage your call settings in Microsoft Teams; or
   2. Webex App | Test your audio before a call or meeting

Joining the Electronic Hearing

1. To join an Electronic Hearing, select the Join button included in the meeting details provided by the Court at least 15 minutes prior to the Electronic Hearing commencing:

   Microsoft Teams	Cisco Webex

2. The below web page will open. Choose to join via Web Browser or Application:

3. If joining via Web Browser, you may be asked to give permission for Microsoft Teams or Cisco Webex to access your device’s microphone and camera – select Allow.

4. On the next screen, enter your Full Name (or pseudonym) in the relevant field and manage your microphone and camera settings, if required, through the Settings Panel.

5. Select Join now or Join meeting

6. Patiently wait in the virtual lobby until you have been admitted into the Electronic Hearing:

Participant meeting controls

		Option	Description
		Microphone	To mute or unmute your microphone. Webex only, use the down arrow to quickly access microphone or speaker settings.
		Camera	To turn your camera on or off. Webex only, use the down arrow to quickly access camera settings.
		Share	Only if directed by the Court, the ‘sharing screen’ functionality may be used during an Online Hearing to display and navigate through documents. To do this, select the ‘Share’ button on the Teams menu ribbon: Then, choose to present either Desktop or Window (i.e. a particular program). The latter option is strongly recommended.
		More	Check device settings, accessibility, and more.
		Chat	Open the chat window on the right-hand side of the screen.
		Participants	Open the list of participants on the right-hand side of the screen.
		Layout	By default, all participants will be displayed in a grid layout. Open the Layout menu to change the display as pictured below:
		Pin	Pin a participant’s video by hovering over their name on the screen or in the participants list and selecting the ellipsis to pin on your stage, as below:
		Leave	Leave the meeting when the hearing is finished.

Annexure B: Dial into Teams or Webex by Phone

Preparation

If joining a Teams hearing by telephone, switch caller ID off before dialling the conference number. Otherwise, if caller ID is switched on, litigants should be aware that their phone number will be displayed in the Teams meeting to others participating using the desktop app, web browser version or smartphone app (but will not be visible to other participants also dialling in on the telephone). Switching caller ID off means that only a random 9 digit number will be shown.

If joining a Webex hearing by telephone, Webex will automatically redact your phone number from display to other participants in the meeting.

Joining the Electronic Meeting

1. To dial-in to an Electronic Hearing, under the Join Microsoft Teams Meeting or Join meeting locate the dial-in number and unique phone conference ID:

   Or call in (audio only) +61 2 9161 XXXX,,123456XXX#Australia, Sydney Phone Conference ID: 123 456 XXX#

   Tap to join from a mobile device (attendees only)  +61-2-9338-XXXX,,12345678XXX## Australia Toll

2. The participant is to dial the first number provided, starting with +61 2.
3. An automated message will play, directing the participant to enter the unique phone conference ID provided.
4. The participant will need to open their keypad and dial the second number provided, followed by one #.
5. Patiently wait in the telephone lobby until you have been admitted into the Electronic Hearing.
6. To mute and unmute your microphone, select the microphone icon on your telephone.

Important: As a teleconference participant, you will not be able to see other participants, use your camera or screen share function to navigate documents.