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SUPREME COURT ACT 1970 - SECT 85 Trial without jury unless jury required in interests of justice

SUPREME COURT ACT 1970 - SECT 85

Trial without jury unless jury required in interests of justice

85 Trial without jury unless jury required in interests of justice

(1) Proceedings in any Division are to be tried without a jury, unless the Court orders otherwise.
(2) The Court may make an order under subsection (1) that proceedings are to be tried with a jury if--
(a) any party to the proceedings--
(i) files a requisition for trial with a jury, and
(ii) pays the fee prescribed by the regulations made under section 18 of the Civil Procedure Act 2005 , and
(b) the Court is satisfied that the interests of justice require a trial by jury in the proceedings.
(3) The rules may prescribe the time within which a requisition must be filed for the purposes of subsection (2) (a).
(4) A fee paid under this section is to be treated as costs in the proceedings, unless the Court orders otherwise.
(5) In any proceedings in which the Court has ordered a trial by jury, the following questions of fact must be tried without the jury--
(a) questions of fact on a defence arising under section 63 (5) or 64 (1) (c) of the Workers' Compensation Act 1926 or section 151Z (1) (e) of the Workers Compensation Act 1987 ,
(b) any other question of fact ordered by the Court.
(6) This section does not apply to proceedings in any Division for defamation.
Note : Section 21 of the Defamation Act 2005 makes provision for jury trials in defamation proceedings.