Must discretion to hold phone hearing be exercised reasonably?

Federal Circuit Court. Did the Tribunal have a discretion to hold a hearing by telephone? If so, must that discretion be exercised reasonably? If so, what are the factors relevant to determining whether the exercise was reasonable?

Some of the questions to the Federal Circuit and Family Court (FCC) were as follows:

Question 1: Did the Tribunal have a discretion to hold a hearing by telephone?

Question 2: If the answer to Question 1 is 'yes', must the Tribunal's discretion to hold a hearing by telephone be exercised reasonably?

If the answer to Question 2 is 'yes':

Question 3: Was it relevant to the determination of whether the Tribunal reasonably exercised the discretion to hold a hearing by telephone that the hearing invitation "advised the applicants under the heading “Other things to note” that if they were not able to participate in the telephone hearing, they should advise the Tribunal as soon as possible and the presiding member would consider any submissions as to why it was not “suitable or possible” for the hearing to proceed as scheduled"?

Question 4: Was it relevant to the determination of whether the Tribunal reasonably exercised the discretion to hold a hearing by telephone that "at no time did the applicants claim that they would not be able to participate in the telephone hearing" and in their response to hearing invitation, the applicants "confirmed that they would attend the telephone hearing as scheduled ... and expressly responded “No” to the question: “Do you believe that you or another person will experience difficulty participating in the hearing by telephone or videoconference or the hearing cannot be conducted by telephone or videoconference?”"?

Question 5: Was it relevant to the determination of whether the Tribunal reasonably exercised the discretion to hold a hearing by telephone that "there is also no evidence, and the applicants have never contended that, they raised any issues about the hearing proceeding via telephone during the hearing or at any point in the almost six weeks after the hearing and before the decision was made"?

The FCC answered those questions as follows:

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