85Trial without jury unless jury required in interests of justice

#### 85 Trial without jury unless jury required in interests of justice 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 18 of the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028), 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](/view/pdf/asmade/act-1926-15) or section 151Z (1) (e) of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070), > > > > > (b) any other question of fact ordered by the Court. > > > (6) This section does not apply to proceedings in any Division for defamation. > > > > Note. > > > > Section 21 of the [Defamation Act 2005](/view/html/inforce/current/act-2005-077) makes provision for jury trials in defamation proceedings. > > **s 85:** Am 1977 No 18, Sch 7 (1). Subst 2001 No 124, Sch 2 \[1\]. Am 2005 No 28, Sch 5.47 \[6\]; 2005 No 77, Sch 6.17 \[1\].