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"The creation of the Supreme Court of New South Wales by Letters Patent known as the Third Charter of Justice and its cognate legislation, 4 Geo.IV.c.96, together with the creation of the Legislative Council, in combination stand, arguably, as the most significant achievement in 19th century colonial history.
The Letters Patent issued on 17 October 1823 and which took effect on 17 May 1824 established a judicial system based on English law which provided certainty of process and legal principle in a colony which was slowly evolving from its penal status to one with an increasingly free population engaging in all aspects of civil society including trade and commerce. The certainty provided by English law and principle, the existence of a legislature enacting local laws not repugnant to English law and the appointment of an independent judiciary ensured that, from the outset, the judicial system in the colony was underpinned by the rule of law. The foundations for a strong democracy had thus been laid, not only in the colony of New South Wales but also for the later Australian colonies, and ultimately, the Commonwealth of Australia created on 1 January 1901.
Today’s bicentennial ceremonial sitting pays homage to the history of the Court and the rituals which have attended it over the course of its 200 years. The stories of the judges, the lawyers, and the litigants, many of which are recounted in Constant Guardian: Changing Times - The Supreme Court of New South Wales 1824-2024, provide insights into human nature and human experience unique to the legal profession. It is a history of the society as it was at the time and as it has changed. The Court, as a living institution, has likewise changed over time although retaining some symbolism and trappings of times past, reminding us that, with great change, there is also constancy.
However, amidst the history and the ritual is something more fundamental. The bicentenary of the Court is testament to its strength as an institution which has for 200 years administered and continues to administer, justice according to law, ‘without fear or favour, affection or ill-will’."
Her Excellency was the 9th President of the Court of Appeal of the Supreme Court of New South Wales between 2013 to 2019 and served on the Court of Appeal between 1996 and 2019.
16 May 2024
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.