New South Wales Consolidated Acts

DEFAMATION ACT 2005 - SECT 21

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.

(1A) 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.

(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 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.