A court will not order a judge alone trial under s 68BA(3) of the Supreme Court Act 1933 (ACT) against the wishes of all parties where the emergency provision has been repealed and jury trials have resumed. The legislative repeal of the emergency provision is a relevant factor weighing against making such an order.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
4 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.