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  • Rochelle ter M With only a week to the hearing whatever you decide to do you need to do it now.

    You can fill in a form and request to attend via video link- you will then attend court local to you and appear via a video link in that court.

    You can attend via phone- similar to above. You must fill in a form and request leave to attend via phone.
    You can then use your own phone and be in your own home.

    Are you able to fly in and appear in person?
    Just be mindful that the judge has final say.
    You email the other party and ask for leave to attend via phone/video link.
    With such a short period before the hearing I would not wait for their response. I’d leave it overnight and if no response then You write to the associate and send them your form and cc in the other party.
    And you just say you are awaiting a response from the other party.
    The other party can say they don’t agree. Then the judge is able to say that as the other party has not allowed it they won’t allow, or they will say they do allow it despite that.

    It will mostly depend on your judge.
    A judge I had last year was not at all happy with video link.
    I was appealing her decision and she was on another state.
    We got given a date for the stay only a few days before the hearing! I asked for leave to appear via phone and she said that I was aware the stay would be in another state and she says I must attend in person or she will make orders against me!
    I had no other choice, I had to find a lawyer to attend with only one days notice!!! Because she got told on Friday and the hearing was on Tuesday! Was very stressful!
    The lawyer managed to get it adjourned and once I won the appeal the stay was no longer needed.
    • Anita Rany There are many hearings conducted via a video link. Write to a case coordinator / judge’s associate to request attendance via phone or video link.
      If they don’t respond favourably make an urgent application in a case (with an affidavit in support).
      Good luck
      • Ben Ormonde Write to the judge's associate for guidance.
        • Brad Hill ( Brad Hill )   would advise you to speak to a lawyer asap.
           
          • MelissaAnn Williams Brad Hill yes need to file an application in a case and affidavit for the adjournment there was a case I did ( opposing) an adjournment , filed a week before and listed the day before the trial ( it got granted but in light of what happened after it probably shouldn’t have as the objections came into fruition, though I suppose it’s not the courts fault giving the benefit of the doubt on the issue of an adjournment for the late very very late request for an expert report to be done, after a change of solicitors ... though it could have helped the court ... ) but that application needs to go in this week and also you can attend trial as a witness by video link but need to make the request 28 days before ( and should be raised at readiness hearing ) if it’s not you need an application in a case and affidavit so same that needs to get filed this week.
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