Today’s the day for the High Court challenge

Today’s the day for the High Court challenge


Today and tomorrow the High Court is hearing two challenges against the Australian marriage law postal survey. 
I have previously said that the postal survey was a dead duck and unlikely to survive a High Court challenge.  Let’s see if I’m right.
There is a great article here about the two Court cases which are being heard together.  I think it’s quite simply the best analysis I have seen of the Court cases.
It is likely that the High Court will announce their orders quickly.  The head of the Australian Bureau of Statistics has undertaken to the Court that he will not distribute the survey until 12 September.
Therefore, the options for the Court are:
·         Pronounce orders before 12 September; or
·         Put in place a restraining order, called an injunction, preventing the Commonwealth from distributing the ballot papers after 12 September.
The latter is most unlikely because of the cost to the taxpayer from such an injunction.  It is much more likely that the Court will issue its orders before 12 September.
It will probably be some time after that, maybe months, before the Court issues reasons.
We shall then discover, either tomorrow or in the next week whether the survey is going ahead or not.
In the meantime, those who are fighting for the Yes campaign, as I am, should proceed on the basis that we are still full steam ahead.
I have not put on the blog the avalanche of articles about equal marriage that have popped up in the last week, including all the hate messages from neo-Nazi groups amongst others.  There is simplytoo much material.  I have shared thatmaterial on my Twitter feed.
The live feed for the High Court challenge can be seen here
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