Trial by Jury - Challenging juristiction

Dear Fellow Australians,


Everyone has the Right of Trial by Jury, ie: for a Jury to judge the laws and the facts of any action. There must be the clear and unequivocal consent of both parties to be without a Jury - otherwise the Court has no Jurisdiction to proceed summarily, ie: without a Jury.

"Once Jurisdiction is challenged, it must be proven".

If a Judge should deny you your Right to Trial by Jury, then you must say, "I challenge the Jurisdiction of the Court", and that challenge can only be decided by a Special Jury, ie: one empanelled specifically to rule on that one issue. No Judge can arbitrarily rule that he has Jurisdiction , ie: that he has the authority or power to sit in Judgment of a case, because "no man can judge in his own cause". If there is no difficulty in obtaining Trial by Jury, then the Court is properly constituted and both parties present their evidence to the Jury who give their unanimous and lawful Judgment (again, NB: no Judge can deliver a Judgment unless both parties give their consent that he can).


Yours sincerely,
John Wilson.