TOPIC 9
NEW
SOUTH
WALES
AND
COMMONWEALTH
LEGAL
CONSTITUTIONAL HISTORY FROM 1788 TO THE PRESENT
AND
In this topic we continue our examination of how the legal institutions in place in Australia
today were shaped by historical developments, in England as well as in the developing colony
of New South Wales, which was, at Federation, to become a State in the new Commonwealth
of Australia.
Materials
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9.1
Cook, Creyke et al, Chapter 3
Appleby, Reilly et al, pp 32-38; 43-59
Mabo v State of Queensland (No 2) (1992) 175 CLR 14 – highlighted extracts
Manner of derivation of law from England
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9.2
Conquest
Session
Settlement
Blackstone’s commentaries
Cooper v Stuart [1889] 14 AC 286
Extent of English law received upon settlement
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State Government Insurance Commission v Trigwell (1979) 142 CLR 617
Imperial Acts Application Act (1969) NSW
9.3
Establishment and structure of courts
9.4
Legislative power
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9.5
Effect of Federation
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9.6
New South Wales Act 1823 (Imp)
Australian Courts Act 1828 (Imp)
Australian Constitutions Act (No 1) 1842 (Imp)
Australian Constitutions Act (No 2) 1850 (Imp)
NSW Constitution Act 1855 (Imp)
NSW Constitution Act 1855 (Imp)
Colonial Laws Validity Act 1865 (Imp)
Phillips v Eyre [1870] LR 6QB 1
Commonwealth of Australia Constitution Act 1900 (Imp)
Constitution Act 1902 (NSW) s5
Evolving colonial/imperial relationship
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Statute of Westminster 1931 (Imp) (as adopted)
Australia Act 1986 (Imp)
9.7
Present status of terra nullius
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Mabo v State of Queensland (No 2) (1992) 175 CLR 14