Reasonable doubt

“Unelected judges” are getting in the way of justice, overturning what juries have properly decided and thwarting what the community “knows” is right. Or so the story goes, fuelled by some media commentary. The recent case of Cardinal George Pell has attracted much attention, and criticism – but it is no outrage and it is not by any means a one of a kind. Rather, it is merely one example of the criminal-justice system doing what it is supposed to do. Many say that the law should not provide for the decisions of juries to be overturned, but in the… Read More

Give the children a voice – an analysis of submissions made by Save the Children to the Joint Select Committee on Australia’s Family Law system

The Family Law Act 1975 (Cth) (“the Act”) stipulates a presumption that it is in a child’s best interests for that child’s parents to have equal shared responsibility for the child. Parental responsibility is defined in the Act as all the duties, powers, responsibility and authority which parents have in relation to children. This means that separated parents will have equal responsibility for a child, or children, unless the Family Court is satisfied that the presumption is contrary to the child’s best interests. The Act clearly states that the best interest of a child must be the paramount consideration… Read More
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