Sir Alfred Stephen and the Jury Question in Van Diemen's Land
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Reputations on the Line in Van Diemen's Land
REPUTATIONS ON THE LINE IN VAN DIEMEN’S LAND: a dissertation on the general theme of the Rule of Law as it emerged in a young penal colony with particular emphasis on the law of defamation by ROSEMARY CONCHITA LUCADOU-WELLS LLB., (Queensland), B.Ed., (Tasmania), MA., (Murdoch), PhD., (Deakin) This thesis is presented for the degree of Master of Laws of Murdoch University, 2012. I declare that this thesis is my own account of my research and contains as its main content work which has not been submitted for a degree at any tertiary education institution. Rosemary Conchita Lucadou-Wells ABSTRACT This research focuses on the development of the jurisprudence of the infant colony of Van Diemen’s Land now known as Tasmania, with particular interest on the law of defamation. During the first thirty years of this British penal colony its population was subject to changes. There were the soldiery, who provided the basis of government headed by a Lieutenant Governor, the indigenous people, the convicts, and gradually an influx of settlers who came enthused by governmental promises of grants of land. In addition to these free settlers there were a selection of convicts who, under a process of something akin to manumission under Roman Law, became upon completion of their sentence, eligible for freedom and possibly a grant of land. There developed a spirit of competition amongst the settlers, each wanted to become more successful than the others. The favourite means of distinguishing oneself was the uttering or publication of damaging words against a person who was perceived to be a rival. -
Updateaug 2021 Vol 29, No
UpdateAug 2021 Vol 29, No. 2 Three times a year Newsletter The thing about Bluey Dr Cheryl Hayden Member of ABC Friends, Queensland s exposed recently by Amanda Meade in The Guardian Bluey is an on 14 May, the Morrison government has employed its endearing rendition A endless sleight of hand with language to imply that it had of a world in funded the Emmy Award-winning children’s animation, Bluey, which the human through the Australian Children’s Television Foundation. The population is depicted by various breeds of dog. Bluey herself is office of Communications Minister, Paul Fletcher, had apparently a pre-schooler, the elder daughter of perhaps the world’s best not consulted with the Foundation when making this claim and, parents, Bandit and Chilli Heeler, and sister to Bingo. Yes, they as The Guardian explained, refused to accept that an error or a are a family of blue and red heeler dogs, with an extended family misleading comment had been made. Instead, his spokesperson of Heeler aunts, uncles, grandparents and cousins. They live came up with the lame comment that while the Foundation did on a hilltop in Brisbane’s inner-city Paddington, in a renovated not directly fund the program, it was “a strong advocate for quality Queenslander. Go on adventures with them, and you’ll find children’s content including actively supporting the success of yourself eating ice-cream at Southbank, shopping in the Myer Bluey through lots of positive endorsement and publicity, as Centre, or hopping on river rocks in a local creek. an excellent example of Australian’s children’s content, [and] Bluey and Bingo have a diverse bunch of friends, and the wit and the government is proud that it has been able to support the irony that has gone into developing their names and characters production of Bluey through the ABC and Screen Australia.” is hard to miss. -
1 Plunkett's Disappointment
[2006] ANZLH E-Journal PLUNKETT’S DISAPPOINTMENT: THE REVELANCE OF CATHOLICISM TO A JUDICIAL APPOINTMENT TO THE NEW SOUTH WALES BENCH IN THE 1840s Tony Earls* Prior to the introduction of responsible government in 1856, New South Wales had three Chief Justices, successively; Forbes, Dowling and Stephen. The Crown appointed Forbes on the advice of the Colonial Office in London. With the appointments of Dowling and Stephen, the Colonial Office looked to the advice of the Governor of New South Wales to make an appointment from within the local legal profession. Although William Burton challenged Dowling’s claim to succeed Forbes on a question of seniority, it was the events that led up to the appointment of Stephen, involving two highly credentialed and ambitious candidates, that first tested substantial questions as to rights of precedence and other factors relevant to the appointment. It need hardly be said that the appointment was, and is, a prestigious and important one. However, in order to consider the implications of an appointment, it is useful to attempt to explain why. For the individual, it is the pinnacle of any legal career, affording status and power in their own time and posterity thereafter. In the first half of the nineteenth century this was particularly true when it came to questions of social and governmental rank.1 Amongst other things, a Chief Justice might expect a knighthood following appointment as Chief Justice. As a force in society, the primary influence of a Chief Justice relates not only to the judgement of major cases, but to the administration of the courts, the keystone of the legal system. -
Hobart Town, 1816: Andrew Bent and Fermenting Change
Hobart Town, 1816: Andrew Bent and fermenting change CRAIG COLLINS AND SALLY BLOOMFIELD This paper was presented at a meeting of THRA on 10 May 2016 to mark the bicentenary of the Hobart Town Gazette N SUNDAY, 28 April 1816, the Reverend Robert Knopwood noted this: OVery unwell. Unable to perform D.V. [Divine] Service. I sent for Mr Luttrell. Many of the officers calld and sent to know how I was. A signal was made for a brig from the south. Rain.1 The signal seen by Knopwood at Battery Point was relayed by a flag raised on the summit of Mount Nelson, where the guard commanded a full view of Storm Bay and the entrance to the River Derwent. The approaching ship was soon identified as the colonial brig Kangaroo under the command of Lieutenant Charles Jeffreys. It was making its second trip bringing convicts down from Sydney to Hobart Town, interposed by a protracted voyage to Ceylon. Despite the rain, the signal flag would not have escaped the notice of the convict printer, Andrew Bent. He had been appointed government printer in 1815, sometime before November.2 Around the same time, Lieutenant- Governor Thomas Davey must have sent a despatch to Governor Macquarie in Sydney with a recommendation or solicitation that Bent be pardoned. By April 1816, Bent would have had every reason to hope that the Kangaroo was bringing down from Sydney Macquarie’s gift of freedom. On this count Bent was disappointed. Instead, the Kangaroo brought news from Macquarie that he was behind in his paperwork and had not yet considered the list of proposed convict pardons.3 That hope aside, other cargo of significance to Bent was brought ashore from the Kangaroo. -
LORD CARRINGTON Papers, 1860-1928 Reels M917-32
AUSTRALIAN JOINT COPYING PROJECT LORD CARRINGTON Papers, 1860-1928 Reels M917-32 Brigadier A.A. Llewellyn Palmer The Manor House Great Somerford Chippenham, Wiltshire National Library of Australia State Library of New South Wales Filmed: 1972 CONTENTS Page 3 Biographical note 4 Selected speeches, letters and recollections 6 Australian correspondence, 1885-1918 8 Australian papers, 1877-91 9 Newspaper cuttings and printed works, 1882-1915 11 General correspondence, 1885-1928 14 Portraits 14 Miscellaneous papers, 1860-1914 17 Diaries of Lady Carrington, 1881-1913 19 Diaries of Lord Carrington, 1888-93 2 BIOGRAPHICAL NOTE Charles Robert Carrington (1843-1928), 3rd Baron Carrington (succeeded 1868), 1st Earl Carrington (created 1895), 1st Marquess of Lincolnshire (created 1912), was born in London. He was educated at Eton and Trinity College, Cambridge. As a schoolboy, he was introduced to the Prince of Wales and they were to be close friends for over fifty years. Carrington was the Liberal member for High Wycombe in Buckinghamshire in 1865-68. He became a captain in the Royal House Guards in 1869 and in 1875-76 was aide-de-camp to the Prince of Wales on his tour of India. In 1881 he was appointed lieutenant-colonel of the Royal Buckinghamshire Infantry. In 1878 he married Cecilia (Lily) Harbord, the daughter of Baron Suffield. In 1885, at the urging of the Prince of Wales, Carrington was appointed governor of New South Wales. With his wife and three daughters, he arrived in Sydney in December 1885 and they remained in the colony for almost five years. The Carringtons were a popular couple and generous hosts, especially during the celebrations of Queen Victoria’s jubilee in 1887 and the New South Wales centenary celebrations in 1888. -
SIR WILLIAM DENISON Papers, 1846-64 Reels M606-607, M671
AUSTRALIAN JOINT COPYING PROJECT SIR WILLIAM DENISON Papers, 1846-64 Reels M606-607, M671 Col. W.M.W. Denison Newark Nottinghamshire National Library of Australia State Library of New South Wales Filmed: 1960 BIOGRAPHICAL NOTE William Thomas Denison (1804-1871) was born in London and attended Eton and the Royal Military College. He graduated in 1826 as a lieutenant in the Royal Engineers. He served in Canada and later worked on harbour defences in southern England. In 1838 he married Caroline Hornby and they had six sons and four daughters. He was promoted to the rank of captain in 1841. In 1846, following the dismissal of Sir John Eardley-Wilmot, he was appointed Lieutenant-Governor of Van Diemen’s Land. He was knighted in the same year and awarded a KCB in 1856. He arrived in the colony in January 1847 and held the office for eight years. A strong supporter of the continuance of convict transportation, he clashed with the nominated Legislative Council and two of the judges. The publication of some of his despatches, criticising the colonists generally, added to his unpopularity. His powers were reduced following the creation of an elected Legislative Council in 1850 and, with the cessation of transportation, his later years in Tasmania were more harmonious. In January 1855 Denison was appointed Governor of New South Wales and was given the additional title of ‘Governor-General of Australia’. Prompted by the Crimean War, he immediately reorganised the defences of Sydney Harbour. He presided over the introduction of responsible government in the colony in 1856 and had to deal with considerable political instability, with three ministries formed in the first year. -
Andrew Bent a Bilbiography of His Printing, 1815-1849
ANDREW BENT A BILBIOGRAPHY OF HIS PRINTING, 1815-1849 Compiled by Sally Bloomfield Print Version 1. Canberra, ACT. 31 August 2018. ABOUT THIS BIBLIOGRAPHY The bibliography is presented in two versions. The online version at https://andrew- bent.life/imprints/ includes photographs of most of Bent's imprints, as well as detailed notes on their publication history and social and political context, with links to related resources. The print version is a more conventional listing of Bent's output, with brief bibliographic descriptions and the location of surviving copies. A remarkable number of Bent’s titles survive, although copies are extremely rare and consequently valuable. Most are in public collections. Other items which were definitely published are known only from announcements or advertisements in the newspapers. Some were advertised as in contemplation or even 'in the press' but fell by the wayside. Much, but by no means all, of Bent's output is listed in Ferguson’s Bibliography of Australia but the entries there are scattered. Some items have been described in other publications. As far back as 1952 Professor E. Morris Miller wished for a complete and stand-alone bibliography of Bent’s printing, but until now nobody has taken up the challenge. This bibliography covers Bent’s work in both Hobart and Sydney, and includes some items not previously described, including his earliest surviving pamphlet from 1815 and a curious little prospectus printed in Sydney not long before his death. Many extra copies of items already in Ferguson have been located. Much interesting detail has been revealed through provenance and marginalia, only some of which can be presented. -
Stephen, Robert Campbell
Stephen, Robert Campbell ASC 1886 HONOURED BY THE KING; COLONEL ROBERT CAMPBELL STEPHEN. Who has been created a Companion of the Bath. Colonel Stephen is the eldest son of the late Hon. S. A. Stephen, of Sydney. He was educated at All Saints' College, Bathurst, and then entered Trinity College, Cambridge. After leaving the University he joined the militia, and obtained a commission In the King's Liverpool Regiment. Subsequently, he received a commission in, and was adjutant of, the 14th Hussars, and also of the Imperial Warwickshire Yeomanry. He commanded the 14th Hussars in India up to the commencement of the war, when he was made colonel, and retained the command for about a year. While stationed at Meerut he was brigadier-general, and from there went to Mesopotamia' in command of the 6th Cavalry Brigade. He returned from there on March 16 last year, suffering from a bad attack of dysentery, and is now in London waiting to be passed by the Medical Board as fit for further active service. Colonel Stephen is a brother of Mr. Colin Stephen, of Messrs. Stephen, Jaques, and Stephen, solicitors. BRIGADIER-GENERAL STEPHEN RETURNS TO SYDNEY. After a distinguished career with the British Army, Brigadier-General Robert Campbell Stephen, who is related to the Messrs. Stephen, of the Sydney Arm of solicitors, Stephen, Jaques, and Stephen, returned by the Cathay yesterday to Australia? He want to England when a boy, and entered Trinity College, Cambridge. There he entered the 14th Hussars, in which he rose rapidly. In 1896 he was promoted to the rank of captain, and in the same year became adjutant. -
2300-Forbes Flyer DEC03-5
ForbesForbes FlyerFlyer THE NEWSLETTER OF THE FRANCIS FORBES SOCIETY FOR AUSTRALIAN LEGAL HISTORY ISSUE 3 DECEMBER 2003 History reports itself Making History It is a curious aspect of contemporary culture that the Australian Investigating the South public venerate their sporting heroes and pop idols with such Australian Independent Bar* enthusiasm but spare little thought the men and women who make a significant contribution to government or public service. Of the 150 or so barristers in That is not to say that other nations do not celebrate sporting South Australia, John Emerson or cultural achievements, but in Europe, Canada and America hopes to interview around 100 there is also a certain ethos reserved for great political and legal of them to gain the broadest figures that arguably adds much to the national life. possible perspective for the book The oddity of it is that lack of interest is no explanation. he is writing on the history of the Biographies of the significant politicians or judges of the United South Australian Independent Bar. States of America and Great Britain frequently grace Australian A chance meeting with Justice bookshelves, and names like Oliver Wendell Holmes Jr and Lord John Emerson Tom Gray in 2001 led to discussion Denning have resonance all over the globe. Such is the interest about the history of the Chief in these figures that they have developed their own legend Justices of South Australia, which John was subsequently beyond the community of lawyers. As I write I can be confident commissioned to write (through the John Bray Law that historians somewhere are industriously re-visiting earlier Chapter of the Alumni Association of the University of works and revising, re-interpreting and re-writing the lives and Adelaide). -
Aboriginal Society in North West Tasmania:Dispossession And
~boriginal Society in North West Tasmania: Dispossession and Genocide by Ian McFarlane B.A. (Hons) submitted in fulfillment of the requirements for the degree of Doctor of Philosophy University of Tasmania October 2002 Statement of Authorship This thesis contains no material which has been accepted for a degree or diploma by the _University or any other institution, except by way of background information and duly acknowledged in the thesis and, to the best of my knowledge and belief, no material previously published or written by another person, except where due acknowledgment is made in the text of the thesis. 31 lf?~?.. Zoo-z.. Signed ...... /~ .. ~ .. 'f.-!~.. D at e ..............................t.,. .. Statement of authority of access This thesis may be made available for loan and limited copying in accordance with the Copyright Act 1968. stgne. d............................................... J._ ~~-1-- . 19 March 2002 Abstract Aboriginal Society in North West Tasmania: Dispossession and Genocide As the title indicates this study is restricted to those Aboriginal tribes1 located in the North West region of Tasmania. This approach enables the regional character and diversity of Aboriginal communities to be brought into focus; it also facilitates an . ex:a.miJ,lation of the QJlique process of dispossession that took place in the North West region, an area totally under the control of the Van Diemen's Land Company (VDL Co). Issues dealing with entitlement to ownership and sovereignty will be established by an examination of t~e structure and function of traditional. Aboriginal Societies in the region, as well as the, occupation and use they made of their lands. -
Sir Alfred Stephen.Pdf
2447 BOOK REVIEW Sir Alfred Stephen: Third Chief Justice of New South Wales 1844-1873 By J.M. Bennett (Lives of the Australian Chief Justices series). Australian Bar Review The Hon. Michael Kirby AC CMG AUSTRALIAN BAR REVIEW BOOK REVIEWS J.M. Bennett, Sir Alfred Stephen: Third Chief Justice of New South Wales 1844-1873 (Lives of the Australian Chief Justices series) The Federation Press, 2009, ISBN 978 186287 754 2 (Hbk) In his opening acknowledgements, the author of this new biography, Dr. John Bennett AM, puts his finger on one of the problems that haunts legal history. „It is too legal for historians and too historical for lawyers‟. This feature may help to explain the decline in the teaching of legal history at Australian law schools1. If there are occasional glimmers of light, as in this book and in the recent publication of the Kercher Reports (Federation Press, Sydney, 2009), edited by Bruce Kercher and Brent Salter for the Francis Forbes Society of Australian Legal History, it is no small thanks to the efforts of Dr. Bennett and a small team of dedicated Australian lawyers, one of whom is the editor of this Journal. This is the thirteenth volume in Dr. Bennett‟s Lives of the Australian Chief Justices. The many references throughout this volume to Sir Samuel Way, Chief Justice of South Australia, at the time when Sir Alfred Stephen served as the third chief justice of New South Wales, suggests that there are interesting volumes still to come. All believers amongst us must pray for Dr. Bennett‟s long life. -
1 We Can Imagine the Books We'd Like to Read, Even If They Have Not Yet
1 We can imagine the books we'd like to read, even if they have not yet been written, and we can imagine libraries full of books we would like to possess, even if they are well beyond our reach, because we enjoy dreaming up a library that reflects every one of our interests and every one of our foibles - a library that, in its variety and complexity, fully reflects the reader we are. It is therefore not unreasonable to suppose that, in a similar fashion, the identity of a society, or a national identity, can be mirrored by a library, by an assembly of titles that, practically and symbolically, serves as our collective definition.1 The collections and services of libraries and related agencies, such as museums and archives, are important components of social and institutional memory. They are both physical places of intellectual work and highly symbolic places. They represent national and cultural identity and aspirations.2 What a nation thinks, that it is. And what a nation thinks is for the most part what it reads. Investigations into social and political conditions are a mark of the time; they are many and elaborate but social and political conditions are largely determined by what is taking place in the imaginative life of the community.3 1 A Manguel, The library at night, Toronto, 2006, p. 294. 2 WB Rayward and C Jenkins, 'Libraries in times of war, revolution, and social change', Library Trends, vol. 55, no. 3, 2007, p. 361. 3 LS Jast, Libraries and living: essays and addresses of a public librarian, [s.l.], 1932, p.