Victorian Current Acts

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CIVIL PROCEDURE ACT 2010 - SECT 55C

Order for oral examination

    (1)     A court may order that the deponent of an affidavit of document management be subject to oral examination in relation to the affidavit of document management.

    (2)     A court may order that an appropriate person (other than the deponent of an affidavit of document management) who is able to provide information in relation to the matters dealt with in the affidavit of document management be subject to oral examination in relation to those matters.

    (3)     An order under subsection (1) or (2) may—

        (a)     specify the time, place and manner of conducting the examination; and

        (b)     specify whether the oral examination is to be conducted by—

              (i)     the court; or

              (ii)     the court constituted by a judicial officer other than the judicial officer constituting the court that made the order; and

        (c)     specify who is to pay the costs of the oral examination in the first instance; and

        (d)     include any other orders or directions that the court considers appropriate.

    (4)     Nothing in this section limits section 57 or any other powers of a court in relation to oral examination.



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