- The Bar Council on 23.5.2020 issued a circular with the proposed amendments to the three rules received from the judiciary on 21.5.2020. Members were invited to provide feedback by 12.00 noon 2.6.2020. The amendments principally is to facilitate the conduct of proceedings via remote communication technology (RCT).
Key amendments to the Rules of Court 2012
- A new O. 33A is introduced and would include the followings:
(1) The Court may direct any proceedings to be conducted via RCT. The RCT is as approved by the Chief Justice. The direction can be given by the Court on its own motion or upon the application of any party.
(2) Appearance of any person or parties, evidence of witness or prisoner may be taken via RCT from a specified place on a specified period. The Registrar must be satisfied that sufficient administrative and technical facilities have been put in place. Examination of any person or witnesses may also be directed to be taken via RCT.
(3) The direction for proceedings via RCT may be revoked if (1) the RCT stops working or there would be unreasonable delay to wait until a working system becomes available; (2) it was necessary to ensure a fair hearing to the parties; (3) there has been a material change in the circumstances; or (4) it was necessary in the interests of justice.
(4) The Registrar may direct the proceedings via RCT to be broadcast to members of the public
(5) Judgment or order pronounced in the RCT proceedings is to be treated as if delivered in open court.
(6) The direction for proceedings via RCT may also be given during the pre-trial case management
(7) If there is a request, the hearing via RCT may be conducted on a weekly holiday or on a public holiday.
(8) Unless otherwise provided, application for leave is to be dealt with without any oral hearing. In exceptional circumstances, direction may be given for the application to be dealt with by oral hearing.
(9) Examination of witness out of jurisdiction may also be permitted to be done via RCT.
Key amendments to the Rules of the Court of Appeal 1994
- As follows:
(1) Application for leave to appeal may be dealt with without any oral submission unless otherwise directed.
(2) If there is a request, the cause or matter may be heard via RCT on a weekly holiday or on a public holiday.
(3) A new rule 95A is introduced to enable the Registrar to direct any matter to be heard via RCT and the rules to be applied for RCT proceedings. The Registrar may give the RCT directions on his own motion or upon the application by any party.
Key amendments to the Rules of the Federal Court 1995.
- As follows :
(1) Application for leave to appeal may be dealt with without any oral submission unless otherwise directed.
(2) The decision on an application for leave is final and conclusive and no re-hearing unless there are exceptional circumstances.
(3) A new rule 127A is introduced to enable the Registrar to direct any matter to be heard via RCT and the rules to be applied for RCT proceedings. The Registrar may give the RCT directions on his own motion or upon the application by any party.
- This note is just to highlight the key proposals for easier understanding and to facilitate feedback. Some of the proposals have far reaching implications (we are not saying they are bad!). We should all take time, study the proposals and provide our feedback.
