Western Australian Current Acts Western Australian Current Acts (1) Subject as
hereinafter provided, if, on the application of any party to an action made
not later than such time before the trial as may be limited by the rules of
court, the Court or a judge is satisfied that —
(a) a
charge of fraud against that party; or
(b) a
claim in respect of libel, slander, malicious prosecution, false imprisonment,
seduction, or breach of promise of marriage,
is in issue, the
action shall, subject to the provisions of the Juries Act 1957 , be tried by
a jury, unless the Court or judge is of opinion that the trial thereof
requires any prolonged examination of documents or accounts or any scientific
or local examination which cannot conveniently be made with a jury; but, save
as aforesaid, any action may, subject to rules of court, in the discretion of
the Court or a judge, be ordered to be tried with or without a jury.
(2) The provisions of
this section shall be without prejudice to the power of the Court or a judge
to order, in accordance with the rules of court, that different questions of
fact arising in any action be tried by different modes of trial, and where
such order is made the provisions of this section requiring trial with a jury
in certain cases shall have effect only as respects questions relating to such
charge or claim as aforesaid.
[Section 42 amended: No. 19 of 2010 s. 51.]