77Questions of fact and law

77 Questions of fact and law

77 Questions of fact and law

(1) In an action the Judge shall determine all questions of law.

(2) In an action the Judge shall, subject to subsection (5), determine all questions of fact unless a jury has been summoned.

(3), (4) (Repealed)

(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,

(b) any other question of fact ordered by the Court.

s 77: Am 1987 No 79, Sch 1; 1987 No 164, Sch 1 (1); 1997 No 55, Sch 2.4; 2001 No 124, Sch 1 [2] [3]; 2005 No 28, Sch 5.12 [21].