Brougham v Aboriginal Health Council of South Australia

In *Brougham v Aboriginal Health Council of South Australia*, Brown J of the Federal Circuit Court of Australia considered an application concerning the manner in which proceedings should be conducted. The dispute involved a party's submission that the case should proceed in the conventional, in-person manner as originally envisaged, rather than through an electronic hearing.

The central legal issues before the Court were whether to depart from the traditional method of dispensing justice and, in doing so, how to balance the requirements of open justice and procedural fairness in the context of electronic hearings. The Court was required to consider the statutory obligations of the Federal Circuit Court to exercise its jurisdiction in open court and its objects of operating informally and using streamlined procedures.

Brown J reasoned that while the Federal Circuit Court has a discretion under section 66(1) of the *Federal Circuit Court of Australia Act 1999* (Cth) to allow testimony via video or audio link, this discretion is subject to conditions. The Court must ensure that proceedings remain open to public scrutiny, which can be facilitated by providing access to electronic hearings to the community. However, the Court acknowledged practical difficulties with electronic hearings, such as interruptions due to time delays and the inability to perceive body language, which were described as "hiccups" but not insurmountable. The overarching principle is that justice must be seen to be done to maintain public confidence.