JURY – defamation – whether the Court should direct a trial by jury under s 40 of the Federal Court of Australia Act 1976 (Cth) – whether jury best able to determine all or some factual issues – where all parties oppose direction of trial by jury – where prospect of juror bias – allegations attracting vast publicity – where proceedings overlap with public inquiry – significant publicity most compelling factor – no substantial reason to depart from ordinary mode of judge alone trial
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0612
For more information, see the original judgement.