The phrase 'interests of justice require' in s 85(2)(b) of the Supreme Court Act 1970 (NSW) imposes a high and absolute standard: the court must be positively satisfied that the disinterested interests of justice require departure from the general rule of trial by judge alone. The novelty of proceedings, the community nature of the subject matter, and perceived community values are not sufficient to engage the power. The approach in Muir v Council of Trinity Grammar School — asking whether proceedings raise questions that 'ought to be resolved by a jury' — should not be applied.
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