Once a trial date is first allocated under s 68B(1)(c) of the Supreme Court Act 1933 (ACT), the right to elect for trial by judge alone is exhausted and cannot be revived by vacating the trial date. The right to elect for trial by judge alone is not part of the right to a fair trial under s 21 of the Human Rights Act 2004 (ACT). The interpretative obligation in s 30 of the HRA does not authorise the broad approach taken by the House of Lords in Ghaidan v Godin-Mendoza; the interpretation adopted must be consistent with the purpose of the provision being interpreted.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.