Victorian Current Acts Victorian Current Acts(1) Unless the court orders otherwise, a plaintiff or defendant in defamation proceedings in the Supreme Court or the County Court may elect for the proceedings to be tried by jury.
S. 21(1A) inserted by No. 35/2020 s. 27(1).
(1A) Without limiting subsection (1), a court may order that a defamation proceeding is 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 or under an Act for the requisition of a jury in that court.
S. 21(3) substituted by No. 35/2020 s. 27(2).
(3) An election may be revoked only—
(a) with the consent of all the parties to the proceeding; or
(b) if all the parties do not consent, with the leave of the court.
S. 21(4) inserted by No. 35/2020 s. 27(2).
(4) The court may, on the application of a party to the proceeding, 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.