Court of Civil Jurisdiction - Background

Background

The British government established the colony of New South Wales primarily as a penal colony with the intention of encouraging later settlement. Notwithstanding this, the colony’s principal purpose was to house prisoners from Great Britain. Captain Arthur Phillip was appointed as the colony’s first governor.

The British authorities foresaw the need for a judicial system to be established in the colony to deal with civil matters. This was to be the present court, styled as the “Court of Civil Jurisdiction”, and established by a charter, as well a Court of Vice-Admiralty pursuant to letters from the High Admiralty in Great Britain. In time, the colony would take to authorising justices of the peace to determine smaller debt claims that were taking up the time of these original civil courts established. The institution of these first courts in the then fledgling colony were important first steps in establishment of the rule of law in Australia.

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