Western Australian Consolidated Acts Western Australian Consolidated Acts Subject as hereinafter
provided, if, on the application of any party to an action made not later than
such time before the trial as may be limited by the rules of court, the Court
or a judge is satisfied that —
(a) a
charge of fraud against that party; or
(b) a
claim in respect of libel, slander, malicious prosecution, false imprisonment,
seduction, or breach of promise of marriage,
is in issue, the
action shall, subject to the provisions of the Juries Act 1957 , be tried
by a jury, unless the Court or judge is of opinion that the trial thereof
requires any prolonged examination of documents or accounts or any scientific
or local examination which cannot conveniently be made with a jury; but, save
as aforesaid, any action may, subject to rules of court, in the discretion of
the Court or a judge, be ordered to be tried with or without a jury:
Provided that the
provisions of this section shall be without prejudice to the power of the
Court or a judge to order, in accordance with the rules of court, that
different questions of fact arising in any action be tried by different modes
of trial, and where such order is made the provisions of this section
requiring trial with a jury in certain cases shall have effect only as
respects questions relating to such charge or claim as aforesaid.