Category Archives: Imperial legislation

Law of Outlawry

In English law an outlaw was someone who had literally been put outside the protection of the law. Outlawry normally occurred because of a criminal or civil action, although the process could occasionally begin with a petition in parliament. Criminal … Continue reading

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Draught Instructions for Governor Phillip 1787

  The Draught Instructions for Governor Phillip, 25 April 1787 set out the constitutional foundation of the Colony of New South Wales that would apply when Captain Arthur Phillip arrived at Botany Bay in 1878. The original Instructions that were … Continue reading

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Third Charter of Justice establishes a Supreme Court in Van Diemen’s Land

One of the major recommendations of the Bigge Reports  was the need for Van Diemen’s Land to have its own court system. The 1823 Act for the Administration of Justice in New South Wales and Van Diemen’s Land established Supreme … Continue reading

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Application of the Second Charter of Justice to Van Diemen’s Land

The Second Charter of Justice maps the first part of the journey of Van Diemen’s Land from being a dependency of the Colony of New South Wales to having its own legislative and judicial systems. The Lieutenant Governor’s Court, presided … Continue reading

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The operation of the First Charter of Justice in Van Diemen’s Land

When Governor Arthur Phillip arrived at Sydney Cove in January 1788 with 850 convicts, guards and officials, he had absolute authority over everyone in the colony, including the Aboriginal inhabitants. The legal basis for Phillip’s authority was the First Charter … Continue reading

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