DEFAMATION — practice and procedure — application for leave to elect for trial by jury out of time — deprivation of defendant’s right to apply for trial without a jury — no issue of principle
Quick Take
1In NSW defamation proceedings, the right to elect for trial by jury under s 21 of the Defamation Act 2005 (NSW) must be exercised in conformity with UCPR r 29.2A before a hearing date is fixed; absent a compliant election, the default is trial by judge alone.
2The procedural steps prescribed by r 29.2A serve the important purpose of preserving the opposing party's right under r 29.2A(4) to apply for an order that the proceedings not be tried by jury; deprivation of that right weighs heavily against granting an extension of time under r 1.12 UCPR.
3Ignorance of the procedural requirements for electing jury trial is not a satisfactory explanation for non-compliance with r 29.2A, and the court has no obligation to advise self-represented litigants of the available modes of trial.
