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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Foster [1830] NSWSupC 9

legal practitioners, admission to practice

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 1 March 1830

Source: Australian, 3 March 1830[1 ]


Mr. Foster, in propria persona,[2 ] moved to be enrolled as one of the Barristers of the Supreme Court, for though the learned gentleman said he could have no pretension to be admitted either as an Attorney or Solicitor, as he had never practised in either capacity, yet he had long since been admitted a member of Lincoln's Inn, kept his terms, discussed his commons, practised several years as a special pleader, and would have been called to the English bar, had a proper term intervened between his resolution to leave England, and his departure for this Country.  Moreover, he had had the honour to be inducted pro tempore into the Solicitor Generalship for the Colony, and on that he conceived he had a very fair right to ground his application.  The Chief Justice expressed his pleasure at enrolling Mr. Foster among the Barristers of that Court.



[1 ] See also Sydney Gazette, 2 March 1830: Foster said that he sought to be admitted under the clause of the charter which covered those who had not been admitted as barrister, solicitor or attorney "at home".  He also said that his holding the position of Solicitor General would have entitled him to rank as King's Counsel, had he chosen to rely on the point.

The "charter" referred to was the Third Charter of Justice (Letters Patent, 13 October 1823), clause 10 of which provided for admission to practice.  Those who had not been admitted in Britain or Ireland could be admitted in New South Wales in the court's discretion, but only if there were an insufficient number of qualified persons in the colony.

[2 ] In one's own person.

Published by the Division of Law, Macquarie University