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

Vice Admiralty practitioners [1842] NSWSupC 60

Vice Admiralty court - reception of English law, admiralty

Supreme Court of New South Wales

Dowling C.J., January 1842

Source: Sydney Herald, 18 January 1842

            This being the first day of term, their honors took their seats on the bench at a little after 10 o'clock, in their full robes.

            The Solicitor-General as the representative of the bar, said, that before going into the general business of the day; he would take the liberty of calling the attention of their honors, to the circumstance of the attorneys of the Supreme Court, practising as Advocates in the Vice Admiralty Jurisdiction. The learned gentleman said he could discover no authority for this, in the account of the practice as conducted at home, and therefore he, the Solicitor-General, with the concurrence of the whole bar, moved that the attorneys of the court should thenceforward be confined to practising only as proctors in the Vice Admiralty Court .

            The Chief Justice said there was no faculty of advocates here, and therefore he apprehended that the practice of England, could not be conclusive as authority for regulating the practice of the Colony. It was open to the learned Solicitor-General to move that any particular counsel should be admitted to practice as an advocate, if the Solicitor-General chose so to move. The Solicitor General then moved, amidst considerable laughter, that the whole bar should be admitted as advocates. Motion granted.

Published by the Division of Law, Macquarie University