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

In re Foster and Windeyer (1836) NSW Sel Cas (Dowling) 752; [1836] NSWSupC 13

barristers, precedence

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 28 February 1836

Source: Dowling, Select Cases, Vol. 7, State Records of New South Wales, 2/3465

[p.85] [1836

Saturday

28th February]

[A gentleman not called to the English Bar, but admitted to act as a Barrister of this Court under 9 G. 4. c. s. 3. has preaudience of an English Barrister, admitted posterior to the former, & whose call to the English Bar was also posterior.]

In re W. Foster Esq & R. Windeyer Esq.

Richard Windeyer Esq a Barrister of Westminster Hall; having been admitted on the first day of the Term to act as a Barrister of this Court, desired to take the opinion of the Court upon a question of preaudience which had arisen between himself & another gentleman (Wm Foster Esq) who had been admitted to act as a Barrister of this Court.  To him personally the question was a matter of indifference & was now sought to be adjusted only for the sake of those who might hereafter claim preaudience of Gentlemen admitted to act as Barristers of this Court, who had not been called to the Bar in the Mother Country.  Mr Foster, though a member of one of the Inns of Court, had never been called to the Bar, & had only been admitted to act as a Barrister of this Court under the New South Wales Act & the Charter of Justice.  Mr Windeyer's call to the Bar in England was certainly long posterior [p.86] to Mr Foster's admission in this Court but it was submitted that a call to the English Bar, was paramount to all intents and purposes, to a mere admission to act as a Barrister in the Court of the Colony.

Forbes CJ. & Burton J. were of opinion that Mr Foster having been admitted as a Barrister of this Court before Mr Windeyer under the act 9 G. 4. C. 83. he was entitled to preaudience in this Court, the latter Gentleman's call to the Bar in England being posterior to Mr Foster's admission in this Court.

Dowling J. dubitante.

Mr Foster has preaudience of Mr Windeyer.

Published by the Division of Law, Macquarie University