Lecture Notes: Australian Colonial Legal System

Overview

• Speaker: Renato Costa
• Topic: The Australian legal system during the colonial era
• Platform: Aussie Law video series

Key Concepts

Terra Nullius

• Lands declared as 'terra nullius' were considered empty and without previous laws.
• English laws automatically applied upon settlement.

Arrival of English Laws in Australia

• Date: January 1788
• Event: First settlers and convicts arrived at Botany Bay, Sydney.
• Consequence: Implementation of English laws in the colony.

Governance Structure

• The colony operated as an autocratic dictatorship.
• Governor: Crown’s representative with plenary powers.
• Example: Governor William Bly’s statement, "Them the law, my will is the law."

Push for Representation

• Population Growth: Convicts became free, new settlers, local births.
• Demand: Representation and involvement in governance.
• Influential Figures: William Charles Wentworth advocating for jury trials and representation.

Legislative Developments

Establishing Legislature

• Year: 1823
• Location: New South Wales
• Nature: Limited representation, still influenced by the Governor.

Australian Courts Act 1828

• Enacted by British Parliament.
• Validated pre-1828 English laws.
• Post-1828 laws applicable by "paramount force" (tailor-made for the colony).

Expansion of Legislature

• Timeline:
  • 1850s: New colonies and constitutional enactments.
  • 1855: Constitution in New South Wales.
  • 1856: Tasmania, South Australia, Victoria.
  • 1859: Queensland separates, 1867 constitution.
  • 1889: Western Australia’s constitution.

Movement for Federation

• Period: 1850s
• Movements:
  • Chartist movement and Eureka Stockade in Victoria.
  • Formation of Australian League by Henry Parkes, John Dunmore Lang, James Robert Wilshire.
• Objective: Unite colonies into one Federation.

Challenges in the Legal System

• Described as a "movable feast": confusion between UK and local statutes.
• Need for clarity in applicable laws.

Upcoming Topic

• Colonial Laws Validity Act 1865: Details to be discussed in the next video.

Conclusion

• Insight into colonial Australia’s governance and legal framework.
• Encouragement to subscribe for further learning on the topic.