Western Australian Current 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.

        (2)         An election must be —

            (a)         made in accordance with rules of court; and

            (b)         accompanied by any relevant fee prescribed by a written law.

        (3)         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.