Generic time and cost savings inherent in judge-alone trials, as compared with jury trials, are not sufficient cause to deprive a party of its prima facie entitlement to trial by jury under Rule 47.02 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic). The reasoning in Aon Risk Services Australia Ltd v ANU does not extend to the exercise of discretion as to mode of trial. Rule 47.03(2) is invalid to the extent it requires payment of jury fees to the plaintiff rather than the Prothonotary as required by s 24 of the Juries Act 2000 (Vic). Under s 24, jury fees for the first day of trial may be paid at any time before the jury is empanelled. A party who acquiesces in a trial proceeding to completion without seeking a timely stay cannot obtain appellate relief for an erroneous order dispensing with the jury.
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