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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Courts Legislation Amendment (Civil
Juries) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of District Court Act 1973 No 9 2
4 Amendment of Supreme Court Act 1970 No 52 2
5 Amendment of Defamation Act 1974 No 18 2
Schedules
1 Amendment of District Court Act 1973 3
2 Amendment of Supreme Court Act 1970 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Courts Legislation Amendment (Civil
Juries) Bill 2001
Act No , 2001
An Act to amend the District Court Act 1973 and Supreme Court Act 1970 to
restrict the use of juries in civil proceedings; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Courts Legislation Amendment (Civil Juries) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Amendment (Civil Juries) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of District Court Act 1973 No 9
The District Court Act 1973 is amended as set out in Schedule 1.
4 Amendment of Supreme Court Act 1970 No 52
The Supreme Court Act 1970 is amended as set out in Schedule 2.
5 Amendment of Defamation Act 1974 No 18
The Defamation Act 1974 is amended by omitting "To the extent that
section 88 of the Supreme Court Act 1970 applies to proceedings for
defamation, it" from section 7A (5) and by inserting instead
"Section 86 of the Supreme Court Act 1970".
Page 2
Courts Legislation Amendment (Civil Juries) Bill 2001
Amendment of District Court Act 1973 Schedule 1
Schedule 1 Amendment of District Court Act 1973
(Section 3)
[1] Section 76A
Insert after section 76:
76A Action to be tried without jury unless jury required in interests
of justice
(1) An action is to be tried without a jury, unless the Court orders
otherwise.
(2) The Court may make an order under subsection (1) that an
action is to be tried with a jury if:
(a) any party to the action:
(i) files, within the prescribed time, a requisition for
trial with a jury, and
(ii) pays the fee prescribed by the regulations made
under section 150, and
(b) the Court is satisfied that the interests of justice require
that the action be tried by a jury.
(3) A fee paid under this section is to be treated as costs in the
action, unless the Court orders otherwise.
[2] Section 77 Questions of fact and law
Omit subsection (3).
[3] Section 77 (5)
Omit the subsection. Insert instead:
(5) In any proceedings in which the Court has ordered a jury be
summoned, 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,
Page 3
Courts Legislation Amendment (Civil Juries) Bill 2001
Schedule 1 Amendment of District Court Act 1973
(b) any other question of fact ordered by the Court.
[4] Sections 78-79A
Omit the sections.
[5] Schedule 3 Savings and transitional provisions consequent on
amendments to this Act
Insert at the end of clause 1 (1):
Courts Legislation Amendment (Civil Juries) Act 2001, but
only in relation to the amendments made to this Act
[6] Schedule 3
Insert after Part 4:
Part 5 Provision consequent on enactment of Courts
Legislation Amendment (Civil Juries) Act 2001
8 Application of amendments
A provision of subdivision 8 of Division 3 of Part 3, as in force
immediately before its amendment by the Courts Legislation
Amendment (Civil Juries) Act 2001, continues to apply in
relation to actions commenced but not finally determined
before the commencement of that amendment as if the
provision had not been amended.
Page 4
Courts Legislation Amendment (Civil Juries) Bill 2001
Amendment of Supreme Court Act 1970 Schedule 2
Schedule 2 Amendment of Supreme Court Act 1970
(Section 4)
[1] Sections 85-89
Omit the sections. Insert instead:
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 130, 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 referred to in
section 86.
Page 5
Courts Legislation Amendment (Civil Juries) Bill 2001
Schedule 2 Amendment of Supreme Court Act 1970
86 Common law claim--defamation
(1) Proceedings on a common law claim in which there are issues
of fact on a claim in respect of defamation are to be tried with
a jury.
(2) Despite subsection (1), the Court may order that all or any issue
of fact be tried without a jury if:
(a) any prolonged examination of documents or scientific
or local investigation is required and cannot
conveniently be made with a jury, or
(b) all parties consent to the order.
87 Questions of fact
The Court may order that any question of fact in proceedings
(whether the proceedings are to be tried with or without a jury)
be tried before any other question of fact in the proceedings.
[2] Fourth Schedule Savings and transitional provisions
Insert at the end of clause 1 (2):
Courts Legislation Amendment (Civil Juries) Act 2001, but
only in relation to the amendments made to this Act
Page 6
Courts Legislation Amendment (Civil Juries) Bill 2001
Amendment of Supreme Court Act 1970 Schedule 2
[3] Fourth Schedule
Insert after Part 11:
Part 12 Provision consequent on enactment of
Courts Legislation Amendment (Civil Juries)
Act 2001
19 Application of amendment
Section 85, 86, 87, 88 or 89, as in force immediately before its
amendment by the Courts Legislation Amendment (Civil
Juries) Act 2001, continues to apply in relation to proceedings
commenced but not finally determined before the
commencement of that amendment as if the section had not
been amended.
Page 7
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