The phrase 'or other issue' in UCPR r 474(b) is confined to issues ejusdem generis with 'technical' and 'scientific' issues; the fact that a self-represented litigant will present a case in an unfocussed manner does not enliven the power under r 474 (majority view, Chesterman JA dissenting). However, failure to pay prescribed jury fees under s 65 Jury Act 1995 (Qld) before trial begins results in loss of the procedural right to jury trial. UCPR r 367 may provide an alternative basis for dispensing with a jury where the interests of justice require it, though this was not fully argued. An order wrongly depriving a party of jury trial does not warrant a new trial unless substantial wrong or miscarriage of justice is demonstrated.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.