He proposed to "divide the labour" and establish two courts, the Supreme Court and the Governor's Court. In the latter the Judge-Advocate would preside and the court be constituted "as the Civil Court of Judicature now appears to be".[1] It was to take cognisance only of cases in which the amount at issue was below £50. A similar court was to be established at Van Diemen's Land, presided over by a Deputy Judge-Advocate.
The Supreme Court was to consist of a Chief Judge and two magistrates appointed by precept by the Governor. This Court was to have an equity jurisdiction as well as cognisance of all civil cases in which the amount at issue was over £50.
Procedure in the Governor's Court was to be summary and subject to regulations drawn up by the Judge-Advocate. In the Supreme Court solicitors were to be employed on either side, and for this purpose the Government would encourage their emigration. The rules of this court and the fees of both were to receive the Governor's approval before publication. No appeals were to be entertained against the decisions of the Governor's Court and the judgment of the majority was to be final. From the Supreme Court appeals might go to the Governor, who was to be assisted by the Judge-Advocate. If the amount concerned were over £3,000, an appeal might be taken from the Governor to the Privy Council. There were also to be safeguards with respect to majority decisions in this court. If the Chief Judge were in the majority, the decision was to be binding. If he were in the minority, and protested against the decision, the protest was to be duly recorded, and appeal might then be made to the Governor, who would, as in other appeals, be assisted by the Judge-Advocate.
The Criminal Court was to be left unaltered, and the Court at Sydney to continue the administration of criminal justice for Van Diemen's Land, a settlement six hundred miles away.
In refusing to accept the recommendations of Macquarie, Bent, Bligh, Hunter (both ex-Governors) and the colonists examined by the Committee on Transportation in favour of petty
- ↑ He was not quite accurate. The Civil Court in 1812 consisted of the Judge-Advocate and two magistrates. The Governor's Court consisted of the Judge-Advocate and two respectable inhabitants.
