QLDIn ForceAct
Civil Proceedings Act 2011
sec.45Procedure at case appraisal
Start here
Get a plain-English read of sec.45
Turn the raw legal text into a practical explanation grounded in Civil Proceedings Act 2011.
### sec.45 Procedure at case appraisal
At a case appraisal, the case appraiser—
must decide the procedure to be used at the case appraisal; and
may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and
must finish the case appraisal as quickly as possible.
However, the case appraiser may, in special circumstances—
receive evidence; and
examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser.
The court may, at any time, give directions about procedure to be used at the case appraisal.
This section is subject to section 46 .
(sec.45-ssec.1) At a case appraisal, the case appraiser— must decide the procedure to be used at the case appraisal; and may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and must finish the case appraisal as quickly as possible.
(sec.45-ssec.2) However, the case appraiser may, in special circumstances— receive evidence; and examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser.
(sec.45-ssec.3) The court may, at any time, give directions about procedure to be used at the case appraisal.
(sec.45-ssec.4) This section is subject to section 46 .
- (a) must decide the procedure to be used at the case appraisal; and
- (b) may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and
- (c) must finish the case appraisal as quickly as possible.
- (a) receive evidence; and
- (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser.