DEFAMATION ACT 2005 - SECT 21
Election for defamation proceedings to be tried by jury
DEFAMATION ACT 2005 - SECT 21
Election for defamation proceedings to be tried by jury
21 Election for defamation proceedings to be tried by jury
(1) Unless the court orders otherwise, a plaintiff or defendant in defamation
proceedings may elect for the proceedings to be tried by jury.
(1A) Without
limiting subsection (1) , a court may order that defamation proceedings are
not to be tried by jury if—
(a) the trial requires a prolonged examination
of records; or
(b) the trial involves any technical, scientific or other
issue that can not be conveniently considered and resolved by a jury.
(2) An
election must be made at the time and in the manner prescribed by the rules of
court for the court in which the proceedings are to be tried.
(3) An election
may be revoked only—
(a) with the consent of all the parties to the
proceedings; or
(b) if all the parties do not consent—with the leave of the
court.
(4) The court may, on the application of a party to the proceedings,
grant leave for the purposes of subsection (3) (b) only if satisfied it is in
the interests of justice for the election to be revoked.
(5) In this
section—
"court" means the Supreme Court or the District Court.