Judicial Career
In February 1814 Abbott was commissioned as the second deputy judge advocate of Van Diemen's Land. He was however to be first to be able to constitute the newly established Lieutenant Governor's Court in 1815. This new court was the first superior civil court to sit permanently in the settlement and it was an important step in bringing normality to the commercial life of the colony.
Abbott sailed for Hobart Town in the Emu in February 1815 but was unable to commence his duties as his commission had not arrived. However, he was commissioned as a magistrate, and sat in the Court of Petty Sessions dealing with less serious criminal charges. To complicate matters further, Lieutenant-Governor Thomas Davey proclaimed martial law in April of that year. Abbott opposed the imposition of martial law and declined to open the new court as the institution of martial law was incompatible with holding a court under civil law. Nevertheless, Abbott sat on several courts-martial arising out of the declaration of martial law.
Abbott travelled to Sydney to obtain documents on the practice of his new court. His court was a sister court to the Governors Court in New South Wales and could be expected to have the same practices and procedures. When he returned in November, martial law had ended and the new court was formally opened.
Governor Lachlan Macquarie considered Abbott's appointment unwise. However, Abbott was considered a very successful deputy judge advocate. He simplified procedures in the new court and administered justice rather than legal principles and applied common sense. Abbott was novel in his approach to the law and, unlike other English courts at the time, did not take a portion of the fees charged for going to court.
The office of deputy judge advocate and the Lieutenant Governor's Court were abolished on the establishment of the new Supreme Court of Van Diemen's Land. Abbott was offered the appointment as a commissioner of the Court of Requests. He declined the appointment and instead returned to England and accepted a pension.
Read more about this topic: Edward Abbott (jurist)
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