Livestreaming Practice Note (GPN-LS)

General Practice Note

1. The purpose of this Practice Note

1.1 Under s 17(1A) of the Federal Court of Australia Act 1976 (Cth) the circumstances in which the jurisdiction of the Court is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link, or other appropriate means.

1.2 Under r 6.21 of the Federal Court Rules 2011 (Cth) the Court may, in its discretion, permit the livestreaming of any proceeding or any part of a proceeding. In exercising its discretion, the Court may have regard to any matters set out in any practice note concerning livestreaming.

1.3 This Practice Note complements r 6.21 and provides guidance to practitioners and other interested persons regarding the livestreaming of proceedings in the Federal Court of Australia. It is intended to assist in understanding the considerations relevant to judicial discretion and to promote consistency in approach, while respecting the autonomy of the judges to make decisions in individual cases about the livestreaming of hearings over the Internet.

2. The Court's capacity to livestream

2.1 Livestreaming of proceedings may be authorised upon a request of the parties, or a member of the public including the media, or on the Court’s own initiative.

2.2 Most courtrooms are equipped to enable livestreaming and livestreaming is generally conducted in one of two ways:

(a) Webex, which is the Court’s preferred video-conferencing platform for online and hybrid hearings where leave is given to parties to appear or to adduce evidence by  video link: Federal Court of Australia Act, ss 47A, 47B and 47C. Webex enables the Court, where appropriate, to stream a hearing to persons participating in the hearing and to members of the public who are permitted to enter the virtual courtroom and observe online. Where available, a Webex link for a courtroom will usually appear in the Court’s daily list.

(b) The Court’s YouTube channel. Alternatively, the Court may stream hearings via the Court’s YouTube channel. Persons viewing proceedings on the Court’s YouTube channel are not required to identify themselves.

2.3 There may be other platforms from which livestreaming occurs, as technology develops or is adopted.

2.4 All or part of a proceeding may be livestreamed with appropriate delay and moderation where necessary.

2.5 The Court may impose conditions controlling livestreaming, including limitations on access or duration.

3. The decision to authorise livestreaming is for the Court

3.1 The decision to authorise livestreaming of a particular hearing rests solely with the Court. There is no entitlement to livestreaming: it is a matter that is within the discretion of the Court.

4. Considerations for livestreaming

4.1 The Court may consider the following factors when determining whether to authorise livestreaming:

(a) the nature of the hearing;

(b) the public interest in facilitating public knowledge of the proceedings, accuracy of reporting on proceedings, and public understanding of the judicial system;

(c) the level of expected demand by members of the public or other persons with an interest in the proceedings for access to the hearing via livestreaming;

(d) whether parties or other persons interested in the proceedings are situated in locations remote from the courtroom where the proceeding is to be heard;

(e) the need to ensure a fair hearing, and particularly whether and to what extent prejudicial publicity could affect a fair hearing;

(f) any potential adverse impact of livestream publication on the proceedings, including on parties, witnesses, and any other participants in the proceedings;

(g) the cultural views, beliefs and practices of participants in the proceedings which may make them uncomfortable with having images of a participant or anything said by a participant being published on the Internet;

(h) the views of the parties and any vulnerable witnesses;

(i) the risk that information or material which is confidential or otherwise inappropriate to be published by way of livestreaming will be publicly released during the process;

(j) whether an order for witnesses or other persons to remain out of court has been made or is likely to be made;

(k) any legislative restrictions on publication; and

(l) any other matter the presiding judge or court considers relevant.

5. Recording is prohibited

5.1 The recording of a hearing using any recording tool is strictly prohibited unless expressly authorised: see Federal Court Rules, rr 6.11 and 1.34. Breach of this prohibition may constitute contempt of court.

6. Copyright

6.1 Publication of a hearing by the Court does not involve any waiver of copyright.

7. Communications with the Court and objections

7.1 Any issues about livestreaming should be raised with the Court at the earliest opportunity.

7.2 Any communications from the media should be directed to the Court’s media team at media-fca@fedcourt.gov.au.

7.3 Any communications from the parties should be directed to the Chambers of the presiding judge or registrar. If the presiding judge or registrar is not known, the communication should be directed to the relevant District Registry.

7.4 Where the Court is contemplating making proceedings available via YouTube, it will ordinarily raise the issue with the parties to the proceedings and give them an opportunity to make submissions as to the proposal.

7.5 A Webex link involves different considerations. Webex links are used by the Court for its hybrid hearings and hearings by video link. Webex links may be published and made available to the public without hearing from the parties. Any party who wishes to object to livestreaming via a Webex link should raise that objection at the commencement of, or during the hearing.

7.6 Otherwise, during a hearing, a party may raise any issues about continuing livestreaming, or any modifications that should be imposed.

7.7 This practice note should be read together with the Central Practice Note (CPN-1), which sets out the fundamental principles concerning the National Court Framework of the Federal Court and the key principles of case management procedure. It takes effect from the date it is issued and, to the extent practicable, applies to all proceedings in this Court whether filed before, or after, the date of issuing.

8. Review of Practice Note

8.1 This Practice Note will be reviewed in May 2027.

D S MORTIMER
Chief Justice
12 June 2026