Family Law Myth #1 : The Jury

Family Law Myth #1 : The Jury

Raymond Burr as Perry Mason

This is the first in a series of debunking myths that are held about the practice of family law in Australia. Many of these myths come about from watching courtroom dramas, typically American shows such as Law and Order, Boston Legal, or older programs such as Perry Mason.

The first myth is the use of the jury. I have had a number of clients ask over the years whether or not they would have a jury in their case. Some have been quite keen to ensure that they had a jury and were disappointed when they learnt that they did not have one.

This is an easy one to debunk. If you have pretty well any type of family law case, you will not have a jury. You will have a judge alone. The only exception would be the rare type of case where you might sue your former spouse for defaming you, or there are serious criminal proceedings. But those types of cases, although they might involve former spouses are not family law cases.

Divorces, property settlements, spousal and child maintenance and parenting matters are typically heard in the Family or Federal Magistrates Courts. They are heard by judges (or registrars or magistrates) and judges alone. No juries.
Applications for protection orders, AVO’s, intervention orders and the like are typically heard in Magistrates or Local Courts- before magistrates alone. No juries.
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

How I Became a Fertility and Surrogacy Lawyer

A legal career that began in mainstream family law evolved into one of Australia’s most specialist practices in fertility, surrogacy and assisted reproductive technology. Over almost four decades, Stephen Page has handled thousands of complex matters, influenced law reform, advised clinics, taught ethics and regulation, and championed the human rights of everyone affected by assisted… Read More »How I Became a Fertility and Surrogacy Lawyer

Lessons From My Own Surrogacy Journey

Stephen Page’s story is a frank, sometimes brutal, ultimately hopeful account of what it means to pursue parenthood when the path is anything but straightforward. From a childhood conviction to be a dad, to confronting infertility, miscarriage, an ectopic pregnancy and the legal uncertainty around parentage, his journey illustrates the medical, emotional and legal hurdles… Read More »Lessons From My Own Surrogacy Journey

Australian Surrogacy Law: Setting the Record Straight on Misleading Claims

Response to op-ed in The Australian by Stephen Page On Wednesday, a UK writer and anti-surrogacy advocate wrote an op-ed in The Australian. I first became aware of the article when my colleague Sarah Jefford OAM told me. For some reason, the author conflated transmen giving birth with surrogacy ( I am still missing the… Read More »Australian Surrogacy Law: Setting the Record Straight on Misleading Claims

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board