Tasmanian Consolidated Acts

DEFAMATION ACT 2005 - SECT 21

      (1) Unless the Supreme Court orders otherwise, a plaintiff or defendant in defamation proceedings may elect for the proceedings to be tried by jury.

      (2) An election must be –

(a) 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; and

(b) accompanied by the fee (if any) prescribed by the regulations for jury trials in that court.

      (3) 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 cannot be conveniently considered and resolved by a jury.

      (4) If the defamation proceedings are to be tried in the Magistrates Court, the parties may not elect for the proceedings to be tried by jury.