Are online court and tribunal hearings preferred over physical attendance?

With the COVID-19 pandemic leading to most sessions over the Courts and Tribunals being held online, many clients are asking what the difference is for online versus physical hearings. More importantly, clients are asking which method is preferred. Ultimately, physical attendances allow for the Tribunal and Courts to meet the parties in person and assess their credibility to a greater extent when compared to viewing someone over a screen. In addition, Judges and Tribunal members prefer having parties attend in person so that the importance of the judicial system and administration of justice is emphasised on the people, who may not understand the serious nature of the court if they observed from home. However, when it comes to online meetings, there is no need to account for travel time to a physical venue and people can submit documents and share files via email. This ensures that the focus of the online hearing is on the people and what they say online as opposed to reading from the documents. In this respect, parties are required to be present for the online hearings and stay throughout. Being at home whilst attending a hearing does not mean you can eat in front of the camera, take frequent toilet breaks or do other things. Your full attention is still required at the online hearing. Overall, it is more convenient for parties to conduct online hearings at home. However, the importance and serious nature has to be present or else there will be very serious consequences for parties. Chua Tan Associates regularly appears at Court and have done so throughout the entire coronavirus pandemic. We have extensive experience using all online video-conferencing software used by the various Courts and Tribunals. Speak to one of our experienced lawyers if you would like to consult us about your court or tribunal matter.

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