AGY-1043 | Supreme Court of Civil Judicature

Full description

The Supreme Court of Civil Judicature was established by letters patent for Courts of Civil Judicature 4 February 1814 (1) (Second Charter of Justice). The Supreme Court of Civil Judicature was a Court of record, and consisted of a judge appointed by the Crown and two magistrates appointed from time to time by the Governor. The Court was authorised to hold plea of and determine all pleas concerning lands, tenements, hereditaments, and all manner of interests. The Court dealt with all pleas of debt, account or other contract, trespasses, and all other personal pleas, except where the cause of action shall not exceed £50 Sterling. The Court possessed, in modern terms, common law, equity and probate jurisdictions. The new concept of judgements being given according to law and equity replaced the first Charter’s concept of according to justice and right. (3)

There was provision for appeal to the Governor assisted by the Judge-Advocate. The Governor’s decision on an appeal was to be final in all cases where the debt or thing in demand did not amount to £3,000. In other cases there was a further appeal to the Privy Council, but only upon the appellant’s giving security in at least double the amount in question. The Court was, with the approval of the Governor, to make rules of practice, appoint officers and settle a table of fees. (4)

In January 1819 Mr Justice Barron Field, a Judge of the Supreme Court of Civil Judicature went to Van Diemen’s Land to officiate at the first Circuit Court held in Australia. Before this any civil cause arising in Tasmania, if beyond the jurisdiction of the Lieutenant Governor’s Court (where more than £ 50 was involved) had to be tried at Sydney. In 1820 both Judge Advocate Wylde and Justice Field held criminal and civil courts there. (5)

The Supreme Court of Civil Jurisdicture was abolished by the New South Wales Act ( 4 Geo. IV, Act No. 96) and the Supreme Court of New South Wales (with both Civil and Criminal Jurisdictions) was established in its place.

FOOTNOTES
(1) Letters Patent to Establish Courts of Civil Judicature in New South Wales, 4 February 1814, Historical Records of Australia, Series IV, Volume I, pp. 77-94.
(2) Windeyer W. J. V., Lectures on Legal History, Second Edition, The Law Book Company, Sydney, 1957, (reprinted 1974), p. 310.
(3) Historical Records of Australia, Series IV, Vol. I, pp. 85-86.
(4) Historical Records of Australia, Series I, Volume XI, p. 302.
(5) Bennett J. M. A History of the New South Wales Bar, The Law Book Company, Sydney, 1969, pp. 23-24.