A trial judge's discretion to dispense with a jury on grounds of expedition and case management may miscarry where the judge proceeds on an incorrect estimate of the length of a jury trial that is not supported by counsel's estimates and to which counsel has not had the opportunity to respond. The transitional provisions in Schedule 4 of the Workers Compensation Legislation Further Amendment Act 2001 (NSW) preserve the right to requisition a jury under s 78 of the District Court Act 1973 for proceedings commenced before the amendments took effect.
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