SCR o 47 – Place and mode of trial

Question 1

47.01 Place of trial

Answer 1

The place of trial of a proceeding shall be determined in accordance with Rule 5.08 (desired place & mode of trial indorsed on writ; if no place stated, Melbourne assumed; if no mode stated, trial without jury assumed).

Court can order otherwise.

Question 2

47.02 Mode of trial

Answer 2

A proceeding commenced by WRIT and FOUNDED ON CONTRACT or TORT (including breach of statutory duty) CAN be tried with a JURY if—

• the P in the writ (or the D by notice to the P and the Prothonotary) signify they DESIRE to have the proceeding tried by jury OF 6; and
• the prescribed JURY FEES are paid.

BUT the Court MAY direct trial WITHOUT a jury if in its opinion the proceeding SHOULD NOT in all the circumstances be tried before a jury. (Complexity; length; other)

Any other proceeding shall be tried without a jury, unless the Court otherwise orders.

Question 3

47.04 Separate trial of question

Answer 3

The Court may order that—

• different questions be tried at different times or places or by different modes of trial;
• any question in a proceeding be tried before, at or after the trial of the proceeding.

If a question is tried separately and substantially disposes of/renders the trial of the proceeding unnecessary, the Court may dismiss the proceeding/make any order it sees fit.