BOCCA & MARTENS

In the matter of BOCCA & MARTENS, Benjamin J of the Family Court of Australia considered an application for a review of a Registrar's decision that had declined to permit witnesses to give evidence via video-link. The core of the dispute concerned the procedural fairness and practicality of admitting evidence from witnesses located in China.

The legal issues before the Court were whether the Registrar erred in refusing to allow two witnesses, Mr F and Mr E, to give evidence by video-link from China, and what directions were necessary to facilitate such evidence if permitted. The Court was required to determine the appropriate procedural orders to ensure the integrity and admissibility of evidence given remotely.

Benjamin J allowed the application, granting leave for Mr F and Mr E to give evidence by video-link from China. His Honour directed that the applicant provide suitable technology in the Court, including a large screen, for the video evidence and furnish details of this technology to the other party within fourteen days. Further directions included the preparation of a paginated and indexed tender book in both hard copy and electronic format, with specific provision for copies for legal representatives, the witness, and the Court. Crucially, a legal practitioner qualified in China was to be present where the evidence was given to certify the absence of others and that the witnesses were not being coached or assisted. Costs were reserved, and it was certified that engaging counsel to attend was reasonable.