Supreme Court Of South Australia
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Supreme Court Of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other justices as may be required. History The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. Other Australian colonies only established their courts long after the settlement of the colony. The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions of the Court were ...
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Victoria Square, Adelaide
Victoria Square, also known as Tarntanyangga (formerly ''Tarndanyangga'', ), is the central square of five public squares in the Adelaide city centre, South Australia. It is one of six squares designed by the founder of Adelaide, Colonel William Light, who was Surveyor-General at the time, in his 1837 plan of the City of Adelaide which spanned the River Torrens Valley, comprising the city centre (South Adelaide) and North Adelaide. The square was named on 23 May 1837 by the Street Naming Committee after Queen Victoria, Princess Victoria, then Heir Presumptive, heir presumptive of the British throne. In 2003, it was assigned a second name, Tarndanyangga (later amended to Tarntanyangga), in the Kaurna language of the original inhabitants, as part of the Adelaide City Council's dual naming initiative. The square has been upgraded and modified several times through its lifetime. It has become a tradition that during the Christmas period a tall Christmas tree is erected in the north ...
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Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ...
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Constitutional Crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the constitution, political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear, but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. Specific examples include th ...
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Justice Boothby
Benjamin Boothby (5 February 1803 – 21 June 1868) was a South Australian colonial judge, who was removed from office for misbehaviour, one of four List of Australian judges whose security of tenure was challenged, Australian supreme court judges removed in the 19th century. [2013] 12 Macquarie Law Journal 21. Boothby was born in Doncaster, Yorkshire. He assisted Thomas Wilde, 1st Baron Truro, Sir Thomas Wilde in his electoral campaigns and read in his chambers. He was called to the Bar at Gray's Inn in 1825. In 1853, Boothby was appointed a Judge of the Supreme Court of South Australia. This was the last appointment of a South Australian judge by the Colonial Office. Boothby, in a series of judgments, adopted a pedantic approach to Imperial Law, holding a number of South Australian statutes invalid, including the Real Property Act 1857, which introduced the Torrens system of land registration in South Australia. Boothby also asserted that the Parliament of South Australia had ...
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Henry Young
Sir Henry Edward Fox Young, KCMG (23 April 1803 – 18 September 1870) was the fifth Governor of South Australia, serving in that role from 2 August 1848 until 20 December 1854. He was then the first Governor of Tasmania, from 1855 until 1861. Early life Young was the third son of Sir Aretas William Young, a well-known peninsular officer, and was born at Brabourne, Kent. He was educated at Dean's School, Bromley, Middlesex, and, intended for the bar, entered as a student at the Inner Temple. Early career Young was appointed in 1827 to a position in the colonial treasury in Trinidad, and in 1828 was transferred to Demerara, British Guiana. From 1833, he was involved in the emancipation of slaves in the British Caribbean colonies. In 1834, he was posted briefly to St Lucia as treasurer, secretary and member of the council, and in 1835 returned to British Guiana as government secretary. In 1847, Young returned to London, before he was appointed lieutenant-governor of the Easte ...
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Charles Cooper (judge)
Sir Charles Cooper (1795 – 24 May 1887) was the first Chief Justice of South Australia and for two years a politician in the colony of South Australia. Early life and education Charles Cooper was born in 1795 Henley-on-Thames, the third son of Thomas Cooper, under-sheriff of Oxfordshire. He entered the Inner Temple in 1822 and was called to the bar in February 1827. Career Cooper practised on the Oxford circuit until 1838, and was then appointed judge at Adelaide, in the colony of South Australia. He and his sister Sarah Ann Cooper landed there in March 1839 in the ''Katherine Stewart Forbes''. He was for many years the sole judge, then senior judge, of the Supreme Court of South Australia. In June 1856 he was appointed the first South Australian chief justice. In September 1860 was sworn in as a member of the Executive Council of South Australia, which was part of the government in the now self-governing colony. Cooper was regarded as a capable judge who earned t ...
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Administration (probate Law)
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust. Certain property falls outside the estate for administration purposes, the most common example probably being houses jointly owned that pass by survivorship on the first death of a couple into the sole name of the survivor. Other examples include discre ...
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Henry Jickling
Henry Jickling (c.1800 – 19 September 1873) was appointed as a caretaker judge in 1837 to the Supreme Court of South Australia, which is the highest ranking court in the Australian State of South Australia. On 19 November 1837, Judge John Jeffcott left the colony of South Australia for Tasmania. This left Jickling as the only lawyer in Adelaide, South Australia's capital; consequently, he was appointed an acting judge while Jeffcott was gone. Jeffcott, however, died at sea on 12 December 1837, leaving Jickling in charge of the Court. Although appointed as a caretaker judge, Jickling was responsible for two important issues: he codified the testamentary causes jurisdiction of the Court and admitted the first practitioners of the Court, in March 1838. Jickling was also a member of the South Australian Legislative Council. After Charles Cooper arrived as the Chief Justice of South Australia, Jickling ceased to be a judge, and practised at the bar for some years, until he was ...
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John Jeffcott
Sir John William Jeffcott (1796 – 12 December 1837) was the first judge of the Supreme Court of South Australia. He also served as Chief Justice of Sierra Leone. Biography Jeffcott was born in County Kerry, Ireland. He was educated at Trinity College, Dublin, and was called to the English Bar at the Inner Temple in February 1826. Jeffcott was installed as Chief Justice of the colony of Sierra Leone on 26 April 1830. He was the only judge in the colony, and much of his work arose from attempts to end the Transatlantic slave trade. Jeffcott was knighted on 1 May 1833, when he returned to England on leave. Jeffcott had been engaged to be married but the engagement was broken off by his fiancée or her family. Whilst in England, Jeffcott received news that a Dr Peter Hennis had made derogatory comments about Jeffcott's conduct in the affair. Jeffcott confronted Hennis, but refused to accept his explanation. On Friday, 10 May 1833 a duel with pistols was organised at Haldon racec ...
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Westminster
Westminster is the main settlement of the City of Westminster in Central London, Central London, England. It extends from the River Thames to Oxford Street and has many famous landmarks, including the Palace of Westminster, Buckingham Palace, Westminster Abbey, Westminster Cathedral, Trafalgar Square and much of the West End of London, West End cultural centre including the entertainment precinct of West End theatre. The name () originated from the informal description of the abbey church and royal peculiar of St Peter's (Westminster Abbey), west of the City of London (until the English Reformation there was also an Eastminster abbey, on the other side of the City of London, in the East End of London). The abbey's origins date from between the 7th and 10th centuries, but it rose to national prominence when rebuilt by Edward the Confessor in the 11th century. With the development of the old palace alongside the abbey, Westminster has been the home of Governance of England, Engla ...
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Edward Gibbon Wakefield
Edward Gibbon Wakefield (20 March 179616 May 1862) was an English politician in colonial Canada and New Zealand. He is considered a key figure in the establishment of the colonies of South Australia and New Zealand (where he later served as a member of parliament). He also had significant interests in British North America, being involved in the drafting of Lord Durham's Report and being a member of the Parliament of the Province of Canada for a short time. He was best known for his colonisation scheme, sometimes referred to as the Wakefield scheme or the Wakefield system, which aimed to populate the new colony of South Australia with a workable combination of labourers, tradespeople, artisans and capital. The scheme was to be financed by the sale of land to the capitalists who would thereby support the other classes of emigrants. Despite being imprisoned for three years in 1827 for kidnapping a fifteen-year-old girl in Britain, he enjoyed a lengthy career in colonial govern ...
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Letters Patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granting an office, right, government-granted monopoly, monopoly, title or status to a person or corporation. Letters patent can be used for the creation of corporations, government offices, to grant city status or heraldry, coats of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governor-general, governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom, they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern intellectual property patent (referred to as a utility patent or design patent in United States patent law) granting exclusive rights in an invention or design. In ...
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