Principles for determining the appropriateness of online hearings
Updated December 2025
The onset of the COVID-19 pandemic in 2020 led to an unprecedented shift in the way Australian courts and tribunals conduct proceedings, including a sizable increase in the use of online and hybrid hearings. Since that time, substantial investments have been made in the digital infrastructure of Australia’s courts and tribunals. This has significantly enhanced the capacity to conduct online and hybrid hearings effectively.
The Law Council recognises that while the increased use of online hearings may present opportunities to reduce potential barriers associated with physical attendance, it also creates a number of challenges for courts and tribunals and their users, and may adversely impact both access to justice and the principle of open justice.
The Law Council first published the Principles for determining the appropriateness of online hearings in November 2022, following the height of the COVID-19 pandemic to encourage clarity and consistency in the approach of courts, tribunals, and practitioners to conducting hearings online.
This document proposes, from the perspective of the legal profession, a set of best practice principles for courts and tribunals when considering the appropriateness of online hearings, with a particular emphasis on promoting access to justice for parties and the integrity of process.
The Principles have been produced as high-level guidance for the benefit of courts and tribunals with the view to promoting consistency across jurisdictions. It is not intended that they be prescriptive, and the Law Council recognises that courts and tribunals will need to determine procedures and practices in accordance with their specific needs.
The Principles were revised in December 2025 to ensure that they remain relevant and reflective of the profession’s perspective on appropriate hearing modes in a post-pandemic legal system.
Last Updated on 11/12/2025