The phrase 'special circumstances' in s 10A(5) of the Defamation Act 2005 (Vic) does not require judicial gloss but encompasses circumstances that are not routine or run-of-the-mill. A prospect (rather than certainty) that the serious harm element is linked to other trial issues, such as the truth of defamatory allegations, can constitute special circumstances justifying postponement of the serious harm determination to trial. The question of whether media publicity about defamation proceedings can satisfy the 'likely to cause' limb of s 10A(1) remains open for future determination.
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