A “Court” is a “place where Justice is administered”. “Justice” is “the protection of rights and the punishment of wrongs”. The Right to Trial by Jury belongs to everyone. It is inalienable, ie: it can neither be taken away nor given away. In any action in any Court, there must be the clear and unequivocal consent by both parties to be without a Jury – otherwise, the Court has no Jurisdiction to proceed summarily (which means “without a Jury”). Should a Court try to proceed without such consent, the Jurisdiction of the Court must be Challenged – whereupon only a Special Jury will decide whether Australians have the Right to Trial by Jury.
The Family Court, as it is presently constituted, is not a “Court” because the Right to Trial by Jury is being unlawfully denied. The Family Court is a “Den of Inequity” that exacerbates wrong and injury….. “in the place of Justice wickedness is there”.
It is the Democratic Right of every Australian to be able to access Trial by Jury for redress and remedy. If both parties to an action do not want to have a Jury Trial, then both must sign a Memorandum of Consent to that fact, and a Judge can hear, try and determine the case.
Also presently, the Family Court (by way of Judges) administers Statute Law which are merely Acts of Parliament and often the product of vested interest groups within the Parliament or the result of pressure being exerted by militant or mischievous groups upon the Parliament. Under the Australian Constitution, there are 3 Arms of Government, ie: the Executive; the Parliament; and the Judicature. Australian Judges are part of the Executive Arm of Government because they are appointed by the Crown of the United Kingdom, ie: Her Majesty Queen Elizabeth the Second. [This is a matter for resolution at another time].
“Judicature” means “the administration of Justice”, and the 19th century framers of the Australian Constitution knew what they were doing by using that word. They knew that the Judiciary, or “body of Judges”, is of the Executive Arm of Government and the presence of Judges in a Court is to ensure that the Judgments of Juries are carried out by employing the facilities under and at the disposal of the Executive, such as the Sheriff, the Departments of Police, Correction, etc..
Section 118 of the Australian Constitution guarantees that all Australians should enjoy all the Rights and Privileges as set out in the “Charters of Liberty”, ie: Magna Carta 1215; Petition of Right 1627; Habeas Corpus 1640; Bill of Rights 1688; etc., which became entrenched Constitutional Enactments in Australia in 1828, because of the likes of men such as William Charles Wentworth and others who transformed Australia from a Penal Colony under a military Governor into a country where Englishmen could be as free as if they were in England.
Fathers committing suicide as a result of Family Court Injustice is a senseless tragedy. Kids in Distress as a result of Family Court Injustice is an offence against the nation … all for the lack of knowledge ……. knowledge as to what is the Rule of Law.
It is the paramount duty and responsibility of a Jury to not only determine what are the facts but what is the law, to judge the justice of the law, to decide if the law is appropriately being applied, to judge the moral intentions of the parties, and to vote for a judgment entirely according to their conscience. This was known to our forefathers – but we have not been taught this Truth. Now, because of the arrival of the Internet, we can discover what has been withheld from us.
One party to a Family Court action may well decide that the existing Statutes are to their advantage – while the other party must believe that the Statutes are unfair. The Statutes are Acts of Parliament given Royal assent by the Executive. Judges are of the Executive to “well and truly serve” the Executive. However, “Law and Justice are not synonymous because a Law can be unjust” is a Legal Maxim.
Therefore, to restore Justice to our Courts, the Right to Trial by Jury is mandatory.