Right to trial by jury - construction of Uniform Civil Procedure r474
Jackson, Sheryl (2002) Right to trial by jury - construction of Uniform Civil Procedure r474. Proctor, 22(6), p. 35.
In Smit v Chan  QSC 493 (Supreme Court of Queensland, S1233 of 1995, Mullins J, 21.12.2001) the sixth defendant successfully obtained an order that a complex medical negligence action be tried without a jury. This was the first application to be decided under r474 of UCPR 1999, and the decision is a significant precedent for defendants in similar cases who want to avoid the unpredictability of outcome and the inflated damages awards sometimes associated with jury trials.
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|Item Type:||Journal Article|
|Keywords:||UCPR r474, right to trial by jury, factors relevant to exercise of discretion to order trial without jury|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
|Deposited On:||10 Jun 2014 22:37|
|Last Modified:||10 Jun 2014 22:37|
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