Victorian Numbered Acts

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JUSTICE LEGISLATION AMENDMENT (DISCOVERY, DISCLOSURE AND OTHER MATTERS) ACT 2014 (NO. 25 OF 2014) - SECT 6

Court orders for discovery

    (1)     In section 55(2)(c) of the Principal Act—

        (a)     in subparagraph (ii) for "dispute;" substitute "dispute; or";

        (b)     after subparagraph (ii) insert

    "(iii)     some or all of the issues set out in a statement of issues filed in the proceeding;".

    (2)     After section 55(3) of the Principal Act insert

    "(4)     A court may order or direct a party to pay to another party an amount specified or determined by, or in accordance with, the order or direction in relation to the costs of discovery in any manner considered appropriate by the court, including, but not limited to, payment in advance of an amount to the other party for some or all of the estimated costs of discovery.

    (5)     Without limiting any other power of a court to make costs orders, a court may order or direct that costs payable under an order or a direction under subsection (4) are recoverable as costs in the proceeding.".



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