Victorian Consolidated Legislation

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 in the Supreme Court or the County Court 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 or under an Act for the
        requisition of a jury 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.