List of Non-Practice Published Works by Members of the NSW Bar
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Sir Alfred Stephen and the Jury Question in Van Diemen's Land
Sir Alfred Stephen and the Jury Question in Van Diemen's Land The Quest for Trial by Jury Just as a child grows and develops into an adult, it cannot but be in- fluenced by background, environment and social conditioning. So it was with the young Van Diemen's Land. Initially, there was the Eng- lish political, social and economic inheritance, which had a great ef- fect on the form of government adopted. Like an authoritarian parent stood the Imperial Parliament, but at the same time, offering some latitude for Van Diemen's Land to engage in some liberal develop- ment. Like a child, Van Diemen's Land offered little resistance. There was a Governor, a judiciary of sorts, and an administrative bu- reaucracy with control over Van Diemen's Land by way of legislation of the Imperial Parliament, such as that of 182 3, 182 8 and 1842. This control led to Van Diemen's Land becoming firmly under the grip of Mother England. The colony now consisted of free settlers, convicts and emancipists, and a few Aboriginals. The colonists must have coined the Nike catch phrase 'Just Do It (for yourself)!' for they sought to enhance their own success and to empower themselves. This was consistent with the attitude of imperialist conquerors throughout the old British Em- pire: to get what they could for themselves in the way of wealth, con- trol and power. There is no better example of this than Governor George Arthur, a career civil servant who amassed a fortune as a landowner and trader, not only in Van Diemen's Land but in other colonies where he saw service. -
Chapter Lix. the Nativity and Non-Age of Melbourne
CHAPTER LIX. THE NATIVITY AND NON-AGE OF MELBOURNE JOURNALISM (CONTLNUED.) SYNOPSIS:—George Arden.—William Kerr. —Thomas Hamilton Osborne.—Editorial Thrashings.—Byrne punches Greeves' Head.-Kelly cudgels Kerr.—Kerr's Arrest for carrying Arms.—Robinson assaults Cavenagh.— McNamara assaults Kerr.—Kentish assails Cavenagh—Davis knocks down Cavenagh.—" The Recording Angels:" Mr. Joseph Byrne.—Mr. William Corp.—Mr. G. D. Boursiquot.—Mr. John Davies.—Mr. G n F n.— Mr. Edmund Finn.—Mr. John Curtis.—Fawkner and Finn.—Reporting Reminiscences. —The First Civic Dinner.—Curtis and the "Scotch Fiddle."— Curtis and the Missionary Doctor.—Finn and the Amateur Politician. THE OLD EDITORS. Jpl| EORGE ARDEN, the Co-Proprietor and Editor of the Gazette, was an accomplished and florid writer, not only as a journalist, but as a pamphleteer. The literary power of which he was capable was unballasted by experience, and, there was no mental brake to keep him within bounds. He had for a time the sole newspaper at his command; but he was absorbed by an inordinate self-sufficiency, and lacked perseverance. When newspapers were small, and their success mainly depended on the active personal supervision of the editor, Arden, who understood little of, and cared less for, journalistic minutice, was satisfied when he supplied an elaborate "leader." He was also much given to libelling, and falling into trouble thereby. In 1839, he was convicted and fined; in 1841, he was committed for trial, but the prosecution was abandoned; in 1843, he was again convicted of libel in connection with the first Corporation selections, and his brilliant and splenetic tirades against the first Resident Judge (Willis), though powerful agents in the ultimate un-benching of the official, proved the ruin of the writer. -
Personal Recollections of Early Melbourne and Victoria
Personal Recollections of Early Melbourne and Victoria William Westgarth Personal Recollections of Early Melbourne and Victoria Table of Contents Personal Recollections of Early Melbourne and Victoria.....................................................................................1 William Westgarth.........................................................................................................................................2 AN INTRODUCTORY MEDLEY................................................................................................................4 MR. FROUDE'S "OCEANA.".......................................................................................................................6 NEW ZEALAND...........................................................................................................................................7 UNITY OF THE EMPIRE.............................................................................................................................8 EARLY PORT PHILLIP...............................................................................................................................9 MY FIRST NIGHT ASHORE.....................................................................................................................10 INDIGENOUS FEATURES AROUND MELBOURNE............................................................................11 THE ABORIGINAL NATIVES IN AND ABOUT TOWN.......................................................................12 EARLY CIVILIZING DIFFICULTIES......................................................................................................13 -
Forbes Flyerflyer
ForbesForbes FlyerFlyer THE NEWSLETTER OF THE FRANCIS FORBES SOCIETY FOR AUSTRALIAN LEGAL HISTORY ISSUE 7 • DECEMBER 2004 History reports itself The Lives of While the year may be rapidly drawing to a close, there Australian is still much activity happening on the publishing front. Chief Justices Following on from the successful third annual Forbes Society lecture, the Forbes Society in conjunction with the Council of Law Reporting for New South Wales will Dr John Bennett continues his remarkable project, publish Dowling's Select Cases, as edited by Tim Castle Lives of Australian Chief Justices with the publication and Bruce Kercher. Chief Justice Spigelman AC will of Sir Henry Wrenfordsley: Second Chief Justice of supply the foreword. Details as to the release of this Western Australia 1880-1883. publication will be available in the New Year. This issue of the Forbes Flyer contains an extract A further development in legal history is the Macquarie discussing Sir Henry Wrenfordsley's appointment Law Monographs: Studies in Law and History, to be as second Chief Justice of Western Australia. edited by Dr Andrew Buck of Macquarie University, and published by Australian Scholarly Publishing. The first In Professor Roy M. Mersky's words (in the Foreword title in the series will be The Poor Man by A.R. Buck and to the book): Nancy E. Wright, and will be available in March 2005. If the life of the law has not been logic, but Dr Buck has advised that the monographs will focus on rather experience, then judicial biography has topics such as legal biographies and the historical a great deal to tell us about the law, and in development of substantive law. -
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. -
Chart Prepared by Nick Reddan from Data Supplied by Rosemary Coleby 07-Nov-09 Page 1 Thomas DEANE ? ?? - 1639 = ?? ? ??-?? ?
Robert DEANE ? ?? - 13 Mar 1644 = 6 Sep 1612 Rebecca BAUGH ?? -2 Oct1642 ? Jeane DEANE Ann DEANE Rebecca DEANE Robert DEANE Melian (Melior) DEANE John DEANE Thomas DEANE ? ? ? ? ? ? ? c9 Jun 1613 - ?? c31 Aug 1615 - ?? c8 Sep 1617 - ?? c4 Jun 1619 - ?? c3 Jun 1622 - ?? c1 May1627 - ?? 16 Aug 1629 - ?? = ?? = ?? = ?? = ?? = ?? = ?? = ?? ? ? ? ? Bartholemew ALLIN ? ? ?? - ?? ?? - ?? ?? - ?? ?? - ?? ?? - c12 Jan 1658 ?? - ?? ?? - ?? ? ? ? ? ? ? ? Robert ALLIN Melian ALLIN Mary ALLIN Melian ALLIN Bartholemew ALLIN Daneill ALLIN Rebeckath ALLIN ? ? ? bur All Saints, Bristol as Melior S ? ? ? c16 Jun 1643 - ?? c11 Mar 1644/5 - c22 Dec 1647 c30 Jul1647 - ?? c14 Jul 1648 - c8 Jan 1693/4 c11 Aug 1649 - c19 May1651 c20 Nov 1650 - c6 Jan 1650/1 c8 Apr 1952 - ?? = ?? died young = ?? = 1667 C&R MLB died young died young = ?? ? ? James SMITHFIELD ? ?? - ?? ?? - ?? ?? - ?? ?? - ?? ? ? ? ? Chart Prepared by Nick Reddan from data supplied by Rosemary Coleby 07-Nov-09 Page 1 Thomas DEANE ? ?? - 1639 = ?? ? ?? - ?? ? Matthew DEANE Bridget DEANE ? ? 3 Apr1632 -?? ?? - ?? = ?? = ?? ? ? WALLIS ?? - ?? A ?? - ?? ? ? See later Melian WALLIS Mary WALLIS Mary may be Melian rather than them being sisters ? ? ?? - ?? ?? - ?? = ?? = ?? ? Matthew DEANE (Sir Bt) ?? - ?? ?? - ?? ? ? Jane SPREAD Elizabeth SPREAD Robert SPREAD William SPREAD b Ballycannon COR ? Killard Coole Abbey c1724 - ?? ?? - ?? c1726 - 30 Jan 1792 c1725 - ?? = ?? = 3 Sep 1788 Castlelyons = ?? = 14 jan 1776 Ballycannon COR Melcher LAVALLIN Roger HENDLEY Honora DUNAHAY Elizabeth PEARD 1719 - ?? ?? -
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. -
Part One—Governors
PART ONE—GOVERNORS SUCCESSION OF GOVERNORS OF NEW SOUTH WALES, AND PERIODS OF OFFICE Period Served Name From To Captain Arthur Phillip, R.N. .................................................................................................................................................... 26 Jan., 1788 10 Dec., 1792 Major Francis Grose (Lieutenant-Governor) . .......................................................................................................................... 11 Dec.,1792 17 Dec., 1794 Captain William Paterson, New South Wales Corps (Lieutenant-Governor) ............................................................................ 17 Dec., 1794 10 Sept., 1795 Captain John Hunter, R.N. ...................................................................................................................................................... 11 Sept., 1795 27 Sept., 1800 Captain Philip Gidley King, R.N. ............................................................................................................................................ 28 Sept., 1800 12 Aug., 1806 Captain William Bligh, R.N. ................................................................................................................................................... 13 Aug., 1806 26 Jan., 1808 During Governor Bligh’s suspension the Government was successively administered by— Lieutenant-Colonel George Johnston . ......................................................................... 26 Jan., 1808 29 July, 1808 All of the New South Lieutenant-Colonel -
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. -
THE GAZETTE, NOVEMBER 27, 1891. 64'Fl
THE GAZETTE, NOVEMBER 27, 1891. 64'fl fl-umber of persons present and voting on the Mayor of the City of London, and the •seventh" day of November one thousand eight Lord Mayor of the said city for the time hundred ninety and one. being; Sir William j Lawrence, Knt., Sir . This Statute if approved will be inserted, in James Clarke Lawrence, Bart., Sir Andrew Lusk, Statute 13 (c) immediately after 13 (6). Bart, William James Richmond. Cotton, Esq., 13 (c). The seniority of Felltiws shall be deter- Sir Francis Wyatt Truscott, Knt., Sir John inined according to .tlie order of their admission Whittaker Ellis, Bart., Sir Henry Edmund :& fuU fellows. Knight, Knt., Colonel Sir Reginald Hanson, Provided that where a person is appointed Bart., Sir Polydore De Keyser, Knt., and Sir To-appointed or elected to an Official Fellowship James Whitehead, Bart., Aldermen of the city of who has been a Fellow within a year before such London ; Sir Thomas Chambers; Knt., Recorder Appointment re-appointment . or election his of the city of London, and the Recorder of the .seniority shall be reckoned from the date of his said city for the time being; David Evans, -.first admission. Esq., Lieutenant-Colonel Phineas Cowan, .Stuart Knill, Esq., George Robert Tyler, Esq., Joseph Renals, Esq.,. Colonel. Walter Henry Wilkin, George Faudel Phillips, Esq., Edward Hart, Esq., Lieutenant-Colonel Horatio David Dav-tes, John Voce Moore, Esq., Alfred James. Newton, Esq., Frank Green, Esq., Joseph Cockfield Dimsdale, Esq., Marcus Samuel, Esq., Privy Council Office, 2-k/S -
CALENDAR 2011 Sydney.Edu.Au/Calendar Calendar 2011 Calendar 2011
CALENDAR 2011 sydney.edu.au/calendar Calendar 2011 Calendar 2011 The Arms of the University Sidere mens eadem mutato Though the constellations change, the mind is universal The Arms Numbering of resolutions The following is an extract from the document granting Arms to the Renumbering of resolutions is for convenience only and does not University, dated May 1857: affect the interpretation of the resolutions, unless the context otherwise requires. Argent on a Cross Azure an open book proper, clasps Gold, between four Stars of eight points Or, on a chief Gules a Lion passant guardant Production also Or, together with this motto "Sidere mens eadem mutato" ... to Web and Print Production, Marketing and Communications be borne and used forever hereafter by the said University of Sydney Website: sydney.edu.au/web_print on their Common Seal, Shields, or otherwise according to the Law of Arms. The University of Sydney NSW 2006 Australia The motto, which was devised by FLS Merewether, Second Vice- Phone: +61 2 9351 2222 Provost of the University, conveys the feeling that in this hemisphere Website: sydney.edu.au all feelings and attitudes to scholarship are the same as those of our CRICOS Provider Code: 00026A predecessors in the northern hemisphere. Disclaimer ISSN: 0313-4466 This publication is copyright and remains the property of the University ISBN: 978-1-74210-173-6 of Sydney. This information is valid at the time of publication and the University reserves the right to alter information contained in the Calendar. Calendar 2010 ii Contents -
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.