This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Chapter 6 - Appeals and cases stated » Part 6.3 - Appeal and case stated from County Court or Trial Division of Supreme Court to Court of Appeal » Division 7 - Powers and procedure
320 Reference of question to special commissioner
How this provision has changed across versions can't be shown yet: the versions of this Act held here were read by different versions of the parser, and comparing them would report the parsers' own disagreements as amendments. Re-parse every version to restore it.
(1)The Court of Appeal may appoint a special commissioner to inquire into and report on any question referred to the special commissioner by the court if—
(a)the question arises on an appeal under this Part or an application for leave to appeal under this Part; and
(b)the question involves—
(i)prolonged examination of documents or accounts; or
(ii)any scientific or local investigation; and
(c)the court considers that the examination or investigation cannot conveniently be conducted before the court; and
(d)the court considers that it is in the interests of justice to do so.
(2)The Court of Appeal may act on the report of a special commissioner to the extent that the court considers appropriate to adopt the report.
(3)The Court of Appeal may determine the remuneration of a special commissioner.