Victorian Consolidated Legislation

Casino Control Act 1991 - SECT 74B

Appointment of special counsel

74B. Appointment of special counsel



(1) If a court decides to hear and determine an application for review at a
hearing referred to in section 74A(2)(c), the court may appoint a special
counsel to represent the interests of a party to the proceeding at the
hearing.

(2) A special counsel must be a barrister within the meaning of the
Legal Profession Act 2004 who, in the opinion of the court, has the
appropriate skills and ability to represent the interests of the party at the
hearing.

(3) At any time before the special counsel attends the hearing or obtains any
confidential affidavit in relation to the application, the special counsel may
communicate with the party whose interests he or she is representing, or any
representative of that party, for the purpose of obtaining information from
the party or representative in relation to the proceeding.

(4) At any time after the special counsel commences to attend the hearing or
obtains any confidential affidavit in relation to the application, the special
counsel-

   (a)  must not take instructions from the party whose interests he or she is
        representing, or from any representative of that party; and

   (b)  may communicate to that party or a representative of that party any
        order made by the court at or in relation to the hearing; and

   (c)  must not communicate any other information in relation to the hearing
        to that party or a representative of that party without leave of the
        court.