New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
SUPREME COURT ACT 1970 - SECT 85
Trial without jury unless jury required in interests of justice
85 Trial without jury unless jury required in interests of justice
(1) Proceedings in any Division are to be tried without a jury, unless the
Court orders otherwise.
(2) The Court may make an order under subsection (1)
that proceedings are to be tried with a jury if-- (a) any party to the
proceedings-- (i) files a requisition for trial with a jury, and
(ii) pays
the fee prescribed by the regulations made under section 18 of the
Civil Procedure Act 2005 , and
(b) the Court is satisfied that the interests
of justice require a trial by jury in the proceedings.
(3) The rules may
prescribe the time within which a requisition must be filed for the purposes
of subsection (2) (a).
(4) A fee paid under this section is to be treated as
costs in the proceedings, unless the Court orders otherwise.
(5) In any
proceedings in which the Court has ordered a trial by jury, the following
questions of fact must be tried without the jury-- (a) questions of fact on a
defence arising under section 63 (5) or 64 (1) (c) of the Workers'
Compensation Act 1926 or section 151Z (1) (e) of the Workers Compensation Act
1987 ,
(b) any other question of fact ordered by the Court.
(6) This section
does not apply to proceedings in any Division for defamation. Note--:
Section 21 of the Defamation Act 2005 makes provision for jury trials in
defamation proceedings.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback