The person who saw the disputed work now lives interstate
The relevant person is no longer nearby
A hypothetical construction dispute concerns work observed by a supervisor who has since moved interstate. The owner assumes the supervisor can simply join a video call if the case reaches a hearing. Identify the person's current location and availability early, then ask the lawyer what arrangements are appropriate. Practical convenience does not determine how the court will receive evidence.
Explain what the person actually observed
Give the lawyer a factual description of the events the supervisor may know about and the documents associated with them. Separate personal observations from things the supervisor heard from others. Do not describe someone as a witness to an event merely because they managed the project generally. The legal team can assess relevance and decide what further information is required.
Follow the court's own process
NSW Courts explains that each court or tribunal uses particular forms, rules and procedures. For a NSW proceeding, ask the responsible lawyer about the applicable evidence and attendance arrangements; do not export those assumptions to another jurisdiction. Whether remote participation is available in the particular matter requires confirmation. This article does not provide witness statement wording or a substitute for court directions.
Check availability without coaching the account
Use an appropriate contact process to establish availability and notify the lawyer of any difficulty. In the hypothetical example, the supervisor may have work commitments or planned travel. Do not tell them what they need to say to support the business's position. Preserve relevant original messages and records and let the lawyer advise how evidence should be obtained and prepared.
Keep a request separate from approval
If remote attendance or another arrangement is requested, track whether it has actually been authorised and what conditions apply. Avoid cancelling travel or promising reimbursement before the business has confirmed its commitments. Ensure the person receives the current instructions through the legal team. An informal agreement between business staff does not establish what the court expects.
Update the plan when circumstances change
Tell the lawyer promptly if the person becomes unavailable or their contact details change. Keep alternate sources of factual records identifiable without assuming they can replace the person's evidence. CRP can help organise the commercial background to the dispute. Early practical planning gives the legal team time to address a genuine availability issue without inventing certainty about how interstate evidence will be handled.