35FAppointment of special counsel

35F Appointment of special counsel (1) If a court decides to hear and determine an application for review at a hearing referred to in section 35E(2)(c), the court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing. S. 35F(2) amended by No. 17/2014 s. 160(Sch. 2 item 83.1). (2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) 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. Pt 1 Div. 5A (Heading and ss 34–35B) amended by Nos 6836 s. 11(a), 7621 s. 12(3)(4), 7684 s. 4, 7899 s. 2(1)–(3), 8209 s. 4(a)–(c), 8344 s. 26(3)(r)–(t), 9671 ss 28, 29, 49/1987 ss 14(a)(b), 24(1)(c)(i)–(iii), repealed by No. 37/1994 s. 186(d).