Wells v Cossari

The case of Wells v Cossari was heard in the County Court of Victoria. The defendant, Cossari, had been involved in a motor vehicle accident with the plaintiff, Wells. Cossari was found liable for the accident and had been ordered to pay damages to Wells. The dispute centred on the mode of trial, specifically whether the case should proceed with a jury trial or as a cause heard by a judge alone, in light of the suspension of all new jury trials due to the COVID-19 pandemic.

The legal issue before the court was whether the suspension of new jury trials necessitated that this proceeding be heard as a cause by a judge alone. This involved an interpretation of the relevant legislation, the Supreme Court Act 1986 (Vic), and the Chief Judge's directions issued in response to the pandemic. The court also had to consider the implications of the Australian Constitution, particularly section 80, which guarantees the right to a jury trial for serious offences.

The court held that the suspension of jury trials did not automatically require this case to proceed as a cause. It found that the legislation and the Chief Judge’s directions did not mandate such an outcome. The court reasoned that while the pandemic circumstances warranted the suspension of new jury trials, existing trials could proceed if it did not pose a risk to public health. Furthermore, the court held that the right to a jury trial was not absolute and could be subject to reasonable restrictions in exceptional circumstances. Ultimately, the court determined that the proceeding could continue as a jury trial, provided that all necessary health protocols were adhered to.