Victorian Consolidated Legislation

Defamation Act 2005 - SECT 22

Roles of judicial officers and juries in defamation proceedings

22. Roles of judicial officers and juries in defamation proceedings



(1) This section applies to defamation proceedings that are tried by jury.

(2) The jury is to determine whether the defendant has published defamatory
matter about the plaintiff and, if so, whether any defence raised by the
defendant has been established.

(3) If the jury finds that the defendant has published defamatory matter about
the plaintiff and that no defence has been established, the judicial officer
and not the jury is to determine the amount of damages (if any) that should be
awarded to the plaintiff and all unresolved issues of fact and law relating to
the determination of that amount.

(4) If the proceedings relate to more than one cause of action for defamation,
the jury must give a single verdict in relation to all causes of action on
which the plaintiff relies unless the judicial officer orders otherwise.

(5) Nothing in this section-

   (a)  affects any law or practice relating to special verdicts; or

   (b)  requires or permits a jury to determine any issue that, at general
        law, is an issue to be determined by the judicial officer.