Place and mode of trial – Order 47

Question 1

When will a trial be held?

Answer 1

• Unless the court otherwise orders, a trial will be heard in the place specified by P in the originating place.

Question 2

Place and mode of trial if not specified

Answer 2

• If not specified, it will be assumed that the trial be heard in Melbourne and without a jury.

Question 3

What is the right to jury trials?

Answer 3

• Presumptive right to trial by jury in contract and tort cases commenced by writ.
• Jury in civil trials: 6 members

Question 4

Trial before a jury and CPA obligations?

Answer 4

• Prima facie right to trial by jury is not affected by the overarching purpose. Any savings in time and costs which are no greater than what would be expected where a case proceeds by trial by judge alone are not sufficient to justify depriving a party of their prima facie right to trial by jury (Trevor Roller)