Western Australian Current Acts Western Australian Current Acts (1) Where a jury in a
civil trial has remained in deliberation for such period as the judge thinks
reasonable, being not less than 4 hours, and 5 of the jurors of a jury of 6,
or 4 of a jury of 5 or of 4, do not agree in any such verdict, answer, or
assessment, as is referred to in section 49, the judge may discharge the jury.
(2) The case may then
without any new process for that purpose be again set down for trial or
assessment as the case may be, either at the same or any subsequent sittings
as the court or judge orders and is hereby empowered to order.
(3) The costs of any
trial of a case or of any issue in respect of which a jury is discharged
without returning a verdict, answer, or assessment, shall follow the order
made as to costs on the final determination of the case or issue.