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.
provides that a leading question (a defined term) cannot be put to a witness in examination in chief or re-examination unless leave is given or one of the specified circumstances applies. Such circumstances include where the question relates to a matter introductory to the evidence of the witness or that is not in dispute, or is asked for the purpose of obtaining an expert witness's opinion about a hypothetical statement of facts about which evidence has or is intended to be given. Leave is also not required where all the parties to the proceeding (other than the party examining the witness) are represented by a lawyer and no objection is made. Further, unless the court otherwise directs, in civil proceedings, leading questions may be put to a witness relating to an investigation, inspection or report the witness made in the course of carrying out public or official duties. Subclause (3) enables the court to allow a written statement or report to be tendered or treated as evidence in chief of its maker.