Supreme Court of New South Wales for the District of Port Phillip
Encyclopedia
The Supreme Court of New South Wales for the District of Port Phillip was an historical division of the Supreme Court of New South Wales
, exercising the jurisdiction of that court within the Port Phillip District
of New South Wales
. It consisted of a single Resident Judge. It existed from 1840 until 1852, when, following the separation of the Port Phillip District to form the Colony of Victoria
, it was replaced by the Supreme Court of Victoria
.
In addition to creating the position of Resident Judge, the legislation removed from the court in Sydney the jurisdiction at first instance over the Port Phillip District. However, decisions made by the Resident Judge could be appealed to the other three judges in Sydney. Moreover, the Advancement of Justice Act 1841 (NSW) provided that the Resident Judge could reserve questions of law
for consideration by the full bench.
appointed James Simpson as an arbitrator to resolve disputes between them. Following the official opening up of settlement in the district, Captain William Lonsdale
was appointed as police magistrate, and held the first local court sittings within the District. A Court of Quarter Sessions (for criminal trials) was established on 14 August 1838, and a Court of Requests (for civil matters) in late 1839, but major cases had to be heard in the Supreme Court in Sydney.
This situation produced many difficulties, not least the exorbitant cost to the New South Wales administration of transporting defendants and witnesses to Sydney; expenses for witnesses alone reached over £150 in one case. Public disquiet in Melbourne over the standards of the administration of justice also contributed to the pressure for a local court.
Responding to these pressures, the administration moved to provide for a local court. The Port Phillip division was established by way of the Administration of Justice Act 1840 (NSW), which created the position of Resident Judge for Port Phillip (and a similar position for New Zealand
, which was a part of New South Wales until 1841).
Justice John Walpole Willis
was appointed the first Resident Judge by Governor George Gipps
, largely to provide some measure of peace within the judicial establishment, Willis having been engaged in a number of acrimonious conflicts with his fellow judges in Sydney. Sittings of the Court began on 12 April 1841. Willis was soon in conflict with the legal profession and various leading citizens in Melbourne, and a series of petitions were produced calling for him to be recalled to Sydney; Gipps recalled him on 17 June 1843.
Willis was succeeded by Justice William Jeffcott, who was an effective and well-regarded judge. However in December 1844, after Willis appealed the order removing him from office to the Privy Council
, Jeffcott resigned, out of conscientious concern that were Willis' appeal upheld his own appointment would be invalid. Replacing Jeffcott was Justice Roger Therry
, previously a member of the Legislative Council of New South Wales, who served as Resident Judge until February 1846, when he was transferred to the bench in Sydney. Justice William à Beckett
, then the Primary Judge in Equity in Sydney, became Resident Judge following Therry's departure in 1846.
The Port Phillip District was separated from New South Wales on 1 July 1851, to form the new Colony of Victoria. The Australian Colonies Government Act 1850
provided an initial constitution for Victoria, but it did not create any courts, rather, it provided that the current arrangements would continue either until a charter of justice were issued, or until legislation were implemented by the Legislative Council of Victoria. The Administration of Justice Act 1852 was accordingly passed by the Legislative Council in January 1852, creating the Supreme Court of Victoria
to replace the Supreme Court for Port Phillip.
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, exercising the jurisdiction of that court within the Port Phillip District
Port Phillip District
The Port Phillip District was an historical administrative division of the Colony of New South Wales, existing from September 1836 until 1 July 1851, when it was separated from New South Wales and became the Colony of Victoria....
of New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. It consisted of a single Resident Judge. It existed from 1840 until 1852, when, following the separation of the Port Phillip District to form the Colony of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, it was replaced by the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
.
Jurisdiction
The initial jurisdiction of the Port Phillip division was set out under the Administration of Justice Act 1840 (NSW). For the most part, its jurisdiction was the same as the Supreme Court of New South Wales' ordinary jurisdiction, with the Resident Judge able to exercise all the powers and jurisdiction of the court, including powers and jurisdiction exercisable by a full bench.In addition to creating the position of Resident Judge, the legislation removed from the court in Sydney the jurisdiction at first instance over the Port Phillip District. However, decisions made by the Resident Judge could be appealed to the other three judges in Sydney. Moreover, the Advancement of Justice Act 1841 (NSW) provided that the Resident Judge could reserve questions of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
for consideration by the full bench.
History
The first local arrangements for the administration of justice within the Port Phillip District were implemented on 1 June 1836, when at a public meeting, the residents of MelbourneMelbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
appointed James Simpson as an arbitrator to resolve disputes between them. Following the official opening up of settlement in the district, Captain William Lonsdale
William Lonsdale
William Lonsdale , English geologist and palaeontologist, won the Wollaston medal in 1846 for his research on the various kinds of fossil corals.-Biography:...
was appointed as police magistrate, and held the first local court sittings within the District. A Court of Quarter Sessions (for criminal trials) was established on 14 August 1838, and a Court of Requests (for civil matters) in late 1839, but major cases had to be heard in the Supreme Court in Sydney.
This situation produced many difficulties, not least the exorbitant cost to the New South Wales administration of transporting defendants and witnesses to Sydney; expenses for witnesses alone reached over £150 in one case. Public disquiet in Melbourne over the standards of the administration of justice also contributed to the pressure for a local court.
Responding to these pressures, the administration moved to provide for a local court. The Port Phillip division was established by way of the Administration of Justice Act 1840 (NSW), which created the position of Resident Judge for Port Phillip (and a similar position for New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, which was a part of New South Wales until 1841).
Justice John Walpole Willis
John Walpole Willis
John Walpole Willis was an English-born judge, and a judge of the Supreme Court of New South Wales.- Early life :...
was appointed the first Resident Judge by Governor George Gipps
George Gipps
Sir George Gipps was Governor of the colony of New South Wales, Australia, for eight years, between 1838 and 1846. His governorship was during a period of great change for New South Wales and Australia, as well as for New Zealand, which was administered as part of New South Wales for much of this...
, largely to provide some measure of peace within the judicial establishment, Willis having been engaged in a number of acrimonious conflicts with his fellow judges in Sydney. Sittings of the Court began on 12 April 1841. Willis was soon in conflict with the legal profession and various leading citizens in Melbourne, and a series of petitions were produced calling for him to be recalled to Sydney; Gipps recalled him on 17 June 1843.
Willis was succeeded by Justice William Jeffcott, who was an effective and well-regarded judge. However in December 1844, after Willis appealed the order removing him from office to the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
, Jeffcott resigned, out of conscientious concern that were Willis' appeal upheld his own appointment would be invalid. Replacing Jeffcott was Justice Roger Therry
Roger Therry
Roger Therry was an Irish-Australian jurist.Therry was born in Ireland. He was called to the bar in Ireland in 1824 and in England in 1827. His A Letter to the Right Hon...
, previously a member of the Legislative Council of New South Wales, who served as Resident Judge until February 1846, when he was transferred to the bench in Sydney. Justice William à Beckett
William à Beckett
Sir William à Beckett was a British barrister and the first Chief Justice of the Supreme Court of Victoria.-Background:Born in London, he was the eldest son of William à Beckett, also a solicitor...
, then the Primary Judge in Equity in Sydney, became Resident Judge following Therry's departure in 1846.
The Port Phillip District was separated from New South Wales on 1 July 1851, to form the new Colony of Victoria. The Australian Colonies Government Act 1850
Australian Colonies Government Act
Formally known as the Act for the Better Government of Her Majesty's Australian Colonies , the Australian Colonies Government Act, was legislation enacted by the British House of Commons separating the southeastern Australian district of Port Phillip from New South Wales and establishing it as the...
provided an initial constitution for Victoria, but it did not create any courts, rather, it provided that the current arrangements would continue either until a charter of justice were issued, or until legislation were implemented by the Legislative Council of Victoria. The Administration of Justice Act 1852 was accordingly passed by the Legislative Council in January 1852, creating the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
to replace the Supreme Court for Port Phillip.