Victorian Current Acts

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Court appointed experts

    (1)     A court may make an order appointing an expert—

        (a)     to assist the court; and

        (b)     to inquire into and report on any issue in a proceeding.

    (2)     The court may make an order appointing a court appointed expert at any stage of the proceeding.

    (3)     In making an order to appoint a court appointed expert, the court must consider—

        (a)     whether the appointment of a court appointed expert would be disproportionate to—

              (i)     the complexity or importance of the issues in dispute; and

              (ii)     the amount in dispute in the proceeding;

        (b)     whether the issue falls within a substantially established area of knowledge;

        (c)     whether it is necessary for the court to have a range of expert opinion;

        (d)     the likelihood of the appointment expediting or delaying the trial;

        (e)     any other relevant consideration.

    (4)     A person must not be appointed as a court appointed expert unless he or she consents to the appointment.

S. 65N inserted by No. 62/2012 s. 10.

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