New South Wales Consolidated Acts
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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.
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
(b) the trial involves any technical, scientific or other issue
that cannot be conveniently considered and resolved by a jury.
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 made under
the Civil Procedure Act 2005 for the requisition of a jury in that court.
(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.
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