For defamation causes of action accruing before 1 January 2006, the procedural provisions of the Defamation Act 1974 (NSW) — including the s 7A jury procedure — continue to apply. The transitional provisions in sch 4, cl 2 of the Defamation Act 2005 (NSW) preserve the 'existing law of defamation' in its entirety, encompassing both substantive and procedural aspects. The expression 'the determination of civil liability' in cl 2(4) is not limited to matters of substance.
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