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Judicature Acts (1908 to 1999) by Parliamentary Counsel  032
I: Jurisdiction of the Court
19A   >T






   [19A. Certain civil proceedings may be tried by jury---(1) This
 section applies to [[civil proceedings]] in which the only relief
 claimed is payment of a debt or pecuniary damages or the recovery of
 chattels.

   (2) If the debt or damages or the value of the chattels claimed in any
 [[civil proceedings]] to which this section applies exceeds [[$3,000]],
 either party may have the [[civil proceedings]] tried before a Judge and
 a jury on giving notice to the Court and to the other party, within the
 time and in the manner prescribed by the [[High Court Rules]], that he
 requires the [[civil proceedings]] to be tried before a jury.

   (3) Notwithstanding anything in subsection (2) of this section, in any
 case where, after notice has been given pursuant to that subsection but
 before the trial has commenced, the debt or damages or the value of the
 chattels claimed is reduced to [[$3,000]] or less, the [[civil
 proceedings]] shall be tried before a Judge without a jury.

   (4) If, in any [[civil proceedings]] to which this section applies,
 the defendant sets up a counterclaim, then, unless pursuant to this
 section the [[civil proceedings]] and the counterclaim are both to be
 tried before a Judge without a jury, the following provisions shall
 apply:
   (a) On the application of either party made with the consent in
         writing of the other party, both the [[civil proceedings]] and
         counterclaim shall be tried before a Judge without a jury, or
         before a Judge with a jury, whichever is specified in the
         application:
   (b) If no such application is made, the [[civil proceedings]] and the
         counterclaim shall, subject to any direction of the Court or a
         Judge under section 19B of this Act, be tried in accordance with
         the foregoing provisions of this section:
           Provided that if the Court or a Judge orders that the [[civil
         proceedings]] and the counterclaim be tried together, they shall
         be tried before a Judge with a jury.

   (5) Notwithstanding anything to the contrary in the foregoing
 provisions of this section, in any case where notice is given as
 aforesaid requiring any [[civil proceedings]] to be tried before a jury,
 if it appears to a Judge before the trial---
   (a) That the trial of the [[civil proceedings]] or any issue therein
         will involve mainly the consideration of difficult questions of
         law; or
   (b) That the trial of the [[civil proceedings]] or any issue therein
         will require any prolonged examination of documents or accounts,
         or any investigation in which difficult questions in relation to
         scientific, technical, business, or professional matters are
         likely to arise, being an examination or investigation which
         cannot conveniently be made with a jury,---

 the Judge may, on the application of either party, order that the
 [[civil proceedings]] or issue be tried before a Judge without a jury.

   (6) Nothing in this section shall apply in respect of any [[civil
 proceedings]] to be heard by the Court in its admiralty jurisdiction.

       In subs. (1) the words ``civil proceedings'' were substituted for
     the word ``actions'' by s. 11 (1) of the Judicature Amendment Act
     (No. 2) 1985.
       In subss. (2)-(6) the words ``civil proceedings'' in double square
     brackets were substituted for the word ``action'' by s. 11 (1) of
     the Judicature Amendment Act (No. 2) 1985.
       In subs. (2) the words in the fourth set of square brackets were
     substituted for the former words by s. 11 (1) of the Judicature
     Amendment Act (No. 2) 1985.
       In subss. (2) and (3) the expression ``$3,000'' was substituted in
     each case for the expression ``$1,000'' by s. 6 of the Judicature
     Amendment Act 1979.
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