A court cannot dispense with a jury of its own motion under s 21 of the Defamation Act 2005 (NSW); a party must apply for such an order and bears the onus of establishing the grounds. To enliven the s 21(3)(a) discretion, an applicant must demonstrate not merely that the proceedings will require prolonged examination of records, but that there is something difficult about that process. Whether the matter commented on is a matter of public interest for the purposes of the honest opinion defence is a question for the judge, not the jury, under s 22(5)(b). UCPR 29.2A is ultra vires insofar as it purports to authorise own-motion dispensation with a jury in defamation proceedings.
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