Interlocutory application for order for use of audio link or audiovisual link (New Zealand) (Form 102)
Form 102 asks the Federal Court of Australia for an order that evidence be taken, or submissions made, by audio or audiovisual link from New Zealand.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 102
- Version
- vb16dd02d
- Last updated
- 14 October 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 102 is for
Section 50 of the Trans-Tasman Proceedings Act 2010 lets an Australian court, on a party's application, give leave for evidence to be given from New Zealand, for the examination of that witness, and for submissions about that evidence, by audio link or audiovisual link. Leave can only be given if the court is satisfied the evidence or submission can more conveniently be given or made from New Zealand, the link is or can reasonably be made available, and it is appropriate (s 50(2)). Rule 34.77 of the Federal Court Rules 2011 requires the application to be an interlocutory application in accordance with Form 102, with an affidavit of the material facts.
When you need it
- A witness in a Federal Court proceeding is in New Zealand and it would be more convenient for them to give evidence from there.
- You want submissions about that evidence made from New Zealand.
- Not needed for a person served in New Zealand who asks for a remote hearing of their own application to set aside a subpoena (r 34.77(2)).
- A party or lawyer wanting to appear remotely for reasons unrelated to evidence seeks leave under section 48 instead.
How to fill it in
- 1
Heading and addressees
Copy the proceeding heading and name each party who may be affected.
- 2
Hearing details
Leave the time, date and place, and any abridgment, for the Registry.
- 3
Orders sought
The form applies for an order that evidence be taken, or submissions made, by audio link or audiovisual link from New Zealand. Specify the witness, the hearing and the link you propose.
- 4
Supporting affidavit
State the material facts, including why it is more convenient for the evidence to be given from New Zealand and what facilities are available at both ends (ss 50(2), 51, 52).
- 5
Service, date and sign
Choose the service option and sign as the party or its lawyer.
Filing, lodging and service
- File Form 102 with the affidavit through eLodgment or at a District Registry, well before the hearing so the link can be arranged.
- Serve the application and affidavit on the other parties as with any interlocutory application.
- The Court may make orders for payment of the expenses of the remote appearance (s 53). A filing fee may apply; check the fee schedule.
Common mistakes
- For an audiovisual link, both the courtroom and the New Zealand location must let people at each end see and hear each other (s 51). For audio link, they must be able to hear each other (s 52).
- Identify a suitable New Zealand location and contact person in the affidavit.
- A qualified New Zealand lawyer may practise in relation to the leave if it is given (s 50(3)).
Frequently Asked Questions
Can a witness in New Zealand give evidence by video in the Federal Court?
Yes, with the Court's leave under section 50 of the Trans-Tasman Proceedings Act 2010. The application is made in Form 102 (r 34.77).
What must the Court be satisfied of?
That the evidence or submission can more conveniently be given or made from New Zealand, that the link is or can reasonably be made available, and that it is appropriate to give leave (s 50(2)).
Checked against the official sources on 26 October 2026
- Trans-Tasman Proceedings Act 2010 (Cth) ss 48 to 53
- Federal Court Rules 2011 (Cth) r 34.77
- Federal Court of Australia - Form 102
- Federal Court of Australia - Fees
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
8 boxes on the Interlocutory application for order for use of audio link or audiovisual link (New Zealand) (Form 102) fill from your matter. 3 are for you to complete: ticks, signatures and anything that needs judgement.
- Our Firm
- Firm name
- Client
- Client full name(s), Client postal address (full), Client state
- Key Dates
- Current date
- Operator
- User First Name, User Full Name (first + surname)
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