[legal profession, division of]

Division of the Legal Profession

Supreme Court of Van Diemen's Land

Pedder C.J. and Montagu J., in banco, 7 February 1843

Source: Hobart Town Advertiser, 10 February 1843

DIVISION OF THE BAR. - Mr. Justice Montagu observing that so many gentlemen of the profession were in Court, would take that opportunity of mentioning that, some time ago, he had received a communication relative to the division of the Bar.

His Honor thought that the time had arrived when it would be beneficial to the colony for the profession to be divided; he would feel extremely obliged to any gentleman who would communicate with him, if such a course was detrimental to him; the time had arrived when a division would be beneficial both to the profession and to the public, the only objection was, where gentlemen had arrived many years ago, and were entitled to the profits of both professions - the business of a barrister might not be sufficient to enable them to maintain that station in society, to which they were entitled. If any gentleman would have the kindness to communicate with his Honor, either by letter or otherwise, he would give the matter his best consideration.

The Chief Justice said, that wishing to collect the opinions and feelings of the profession on that subject, he had made enquiries some time ago, and was satisfied, then, that several persons would be injured by a division. His Honor said he, also, should be glad to be allowed to see any letters or communications which might be forwarded to Mr. Justice Montagu on the subject.

Mr. Justice Montagu hoped that no objection existed was against a division, which was very desirable; the time for which had now arrived, an Act of Parliament having been just proclaimed, which made the former Act permanent. Heretofore, such an arrangement might have proved useless; but it was not the duty of the Court to propose this, and also to revise and amend the rules.

After a few observations from the Attorney-General, and Mr. Justice Montagu, it was arranged that any gentleman dissenting from the proposal should forward such dissent, with the reasons thereof, to Mr. Justice Montagu, within a fortnight; and that those who did not communicate with his Honor, should be considered as assenting, and should make their election accordingly.