The aim of this website is to reproduce the surviving records
held in London of all the unreported appeals from the Australian
colonies to the appeals committees or the Judicial
Committee of the Privy Council before 1850. This site is designed
to work in partnership with similar sites for the colonial decisions
of New South Wales
and Tasmania. Behind
all three sites is a concern that we know so little about the
judge made law of Australia before 1900. That is especially so
for the period before 1850.
Only six Privy Council appeals from Australia reached
the law reports before 1850.[1] This site
has some additional material on those six cases, but there is
no attempt here to include all the archival material on those
reported cases. This site's main concentration is on 17 other
cases which were sent to London on appeal before 1850, but which did not reach
the law reports. In those cases, this site aims to reproduce all
of the surviving archival material.
The oldest Australian case for which records survive
is the unreported decision of Lord
v Palmer, 1809. This site provides no material after 1850.
The site includes a Case
Index as well as a Subject Index.
Details of the site and the cases are provided in the Introduction.
Most of the litigants were well known to the early colonies; see
Characters.
For a list of appeals from Australian colonial courts to the Privy Council which did reach the law reports and were republished in the English Reports, click here.
Notes
[1] There
were only four reported decisions in this period, and two appeals
by colonial judges against amoval (dismissal) from office:
Bank of Australasia v Breillat
(1847) 6 Moo PC 152; 13 ER 642
Bute (Marchioness
of) v Mason (1849) 7 Moo PC 1; 13 ER 779
Flint v Walker
(1845, 1847) 5 Moo PC 179, 13 ER 459
In re Sherwin
(1844) 4 Moo PC 311; 13 ER 323
Montagu v Van Diemen's
Land (Lt Gov) (1849) 6 Moo PC 489; 13 ER 773 (appeal against
amoval from colonial judicial office)
Willis v Gipps
(1846) 5 Moo PC 379; 13 ER 379 (appeal against amoval from colonial
judicial office)
|