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Supreme Court Of Civil Judicature Of New South Wales
The Supreme Court of Civil Judicature of New South Wales was a court established in the early 19th century in the colony of New South Wales. The colony was subsequently to become a state of Australia in 1901. The court had jurisdiction to deal with civil disputes where the amount in dispute in the colony was more than £50 sterling. The Supreme Court of New South Wales replaced the court in 1823 when the Supreme Court was created by the Third Charter of Justice. Background The British government established the colony of New South Wales primarily as a penal colony with the intention of encouraging later settlement. Captain Arthur Phillip was appointed as the colony's first governor and did much to ensure the colony survived and transformed into a modern colonial outpost Notwithstanding its beginnings as a penal colony, it soon prospered as a booming agricultural and mercantile colony. With the increased prosperity came the need for better access to forms of civil justice. Systems ...
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New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ...
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Lieutenant Governor's Court
The Lieutenant Governor's Court was a court established in the early 19th century in the colony of Van Diemen's Land which subsequently became Tasmania, a state of Australia. The court had jurisdiction to deal with civil disputes where the amount in dispute was not more than £50 sterling in the colony. The establishment of the court was the first practical civil court in the settlement. This was an important first step in improving the resolution of civil disputes in the settlement. The Supreme Court of Van Diemen's Land eventually replaced it in 1823 when the court's charter was revoked by the Third Charter of Justice. Background The British government established the colony of New South Wales primarily as a penal colony with the intention of encouraging later settlement. Captain Arthur Phillip was appointed as the colony's first governor and did much to ensure the colony of New South Wales survived and transformed into a modern colonial outpost. Phillip's commission exte ...
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Frederick Garling
Frederick Garling (17 February 1775 – 2 May 1848) was an English attorney and solicitor, and was one of the first solicitors admitted in Australia and was regarded as the first senior solicitor of the second Supreme Court established in the colony of New South Wales. Garling is recognised as being one of the first Crown Solicitors in Australia. Early years He was born in London, the son of Nicholas Garling, a London mantua maker. He was admitted at Westminster, England as an attorney in 1795 in the Court of King's Bench and also as a solicitor in the Court of Chancery. Garling is recorded as being a "certificated" attorney. He married Elizabeth (née Spratt) in London on 14 April 1801. Elizabeth and Garling had five children prior to her death. After Elizabeth's death, he married Sarah Oliver White on 15 September 1835. Sarah died in September 1840 without having children. Immigration to Australia In February 1814 Garling and another English attorney William Moore were induc ...
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William Moore (Australian Solicitor)
William Henry Moore (c. 1788 - 1854) was an English-Australian solicitor. He was the first free (non-convict) solicitor in the colony of New South Wales and was acting Attorney-General of New South Wales from October 1826 to July 1827 and again from January 1831 to June 1831, the latter stint coinciding with his role as Crown Solicitor from 1829 to 1834. Moore was born in England, son of a London solicitor, and was admitted as a solicitor himself in 1810. He was selected in 1814 (along with Frederick Garling) as one of two civilian solicitors to be sent to New South Wales to address problems with ex-convict lawyers previously engaged by the colony, and arrived in Sydney on 27 January 1815. He worked for the colonial government in various capacities for much of the period between 1815 and 1834, including two stints as acting Attorney-General. He had a difficult relationship with multiple colonial Governors and was criticised for his professional conduct on a number of occasions. Moo ...
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Jeffery Hart Bent
Jeffery Hart Bent, occasionally known as Geoffrey Hart Bent (1781 – 29 June 1852) was the first judge in the colony of New South Wales and the first Australian judge to be removed from office. Early life Bent was the son of the merchant, ship owner, and MP Robert Bent, of West Molesey, Surrey, and of Portugal Street, Lincoln's Inn Fields, and elder brother of Ellis Bent. He was educated at Mr Barnes's school, Manchester, and at Trinity College, Cambridge, graduating B.A. in 1804, and M.A. in 1807. He was called to the bar of the Middle Temple in 1806. New South Wales He was appointed judge of the Supreme Court of Civil Judicature of New South Wales, arriving at Sydney on 28 July 1814. He refused to disembark until acknowledged with a formal salute. He had been only a few weeks in the colony before he was appealing to Earl Bathurst against a decision of Governor Macquarie to fit up one of the wings of the hospital as a temporary court house. There was much delay in holding the ...
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Thomas Brisbane
Major General Sir Thomas Makdougall Brisbane, 1st Baronet, (23 July 1773 – 27 January 1860), was a British Army officer, administrator, and astronomer. Upon the recommendation of the Duke of Wellington, with whom he had served, he was appointed governor of New South Wales from 1821 to 1825. A keen astronomer, he built the colony's second observatory and encouraged scientific and agricultural training. Rivals besmirched his reputation and the British Secretary of State for the Colonies, Lord Bathurst, recalled Brisbane and his colonial secretary Frederick Goulburn. Brisbane, a new convict settlement, was named in his honour and is now the 3rd largest city in Australia. Early life Brisbane was born at Brisbane House in Noddsdale, near Largs in Ayrshire, Scotland, the son of Sir Thomas Brisbane and his wife Eleanora (née Bruce). He was educated in astronomy and mathematics at the University of Edinburgh. He joined the British Army's 38th (1st Staffordshire) Regiment of Foot ...
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John Wylde
Sir John Wylde (or Wilde; 11 May 1781 – 13 December 1859) was Chief Justice of the Cape Colony, Cape of Good Hope and a judge of the Supreme Court of the colony of New South Wales born at Warwick Square, Newgate Street, London. Member of a family of lawyers He was the eldest son of Thomas Wilde 1758-1821(NSW), attorney of Saffron Walden and Warwick Square London, founder in 1785 of Wilde Sapte, very recently Denton Wilde Sapte and now the multinational law firm Dentons and Mary Anne, née Knight. Late in life Thomas Wilde, an amateur naturalist "of some distinction", retired and taking his piano, cello and flute followed his son John to Sydney, Australia where he died 4 December 1821. In February 1817 Thomas Wylde was elected to the first board of directors of the Bank of New South Wales. John Wylde's two younger brothers were: Thomas Wilde 1782-1855, first Lord Truro, Lord Chancellor of England' and Edward Archer Wilde 1786-1871, Solicitor of London who was father ...
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Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Chairman
The chairperson, also chairman, chairwoman or chair, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the group, presides over meetings of the group, and conducts the group's business in an orderly fashion. In some organizations, the chairperson is also known as ''president'' (or other title). In others, where a board appoints a president (or other title), the two terms are used for distinct positions. Also, the chairman term may be used in a neutral manner not directly implying the gender of the holder. Terminology Terms for the office and its holder include ''chair'', ''chairperson'', ''chairman'', ''chairwoman'', ''convenor'', ''facilitator'', '' moderator'', ''president'', and ''presiding officer''. The chairperson of a parliamentary chamber is often called the ''speaker''. ''Chair'' has been used to refer to a seat or office of authority ...
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Justices Of The Peace
A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are (or were) usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs. History In 1195, Richard I ("the Lionheart") of England and his Minister Hubert Walter commissioned certain knights to preserve the peace in unruly areas. They were responsible to the King in ensuring that the law was upheld and preserving the " King's peace". Therefore, they were known as "keepers of th ...
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King George III
George III (George William Frederick; 4 June 173829 January 1820) was King of Great Britain and of Ireland from 25 October 1760 until the union of the two kingdoms on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death in 1820. He was the longest-lived and longest-reigning king in British history. He was concurrently Duke and Prince-elector of Brunswick-Lüneburg ("Hanover") in the Holy Roman Empire before becoming King of Hanover on 12 October 1814. He was a monarch of the House of Hanover but, unlike his two predecessors, he was born in Great Britain, spoke English as his first language and never visited Hanover. George's life and reign were marked by a series of military conflicts involving his kingdoms, much of the rest of Europe, and places farther afield in Africa, the Americas and Asia. Early in his reign, Great Britain defeated France in the Seven Years' War, becoming the dominant European power in North America ...
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