The History of Equity
The History of Equity Podcast
The Hon Joe Campbell KC, formerly a judge of the Supreme Court of NSW and Adjunct Professor at Sydney Law School, has prepared a series of podcasts on the History of Equity.
These are an instructive introduction to the history of the Equity jurisdiction.
Listen to The History of Equity here
Early Equity Cases in New South Wales
Supreme Court of Civil Jurisdiction Equity Cases 1817-1824
The Hon John Hamilton KC has collected together 37 of the first Supreme Court Equity Cases in the Colony of New South Wales. The cases give a fascinating insight into the legal and social landscape of the time. He explains:
In the State Archives there is a document entitled “Supreme Court of Civil Jurisdiction Equity Cases 1817-1824”. It lists 75 cases. There is a folder there for almost every case generally containing documents for the case. Mostly these are pleadings and interrogatories with their answers, but usually there are no reasons for judgment; the cases more often than not did not go to trial. In no instance is there any record of oral evidence. However, the pleadings contained an extensive account of the parties’ evidentiary cases. The documents in the cases have been essentially copied and these versions are presented in this database. The cases are arranged in chronological order by the dates of their commencement.
Many cases feature the controversial judge, Barron Field. A biography of this colourful character is available in the Australian Dictionary of Biography:
For early cases from Best v Swinton to Hook v Gilberthorp :
For another 23 of these early cases from Hovell v Charters to Wheelwright, Lloyd, Langston v Underwood, Kable and Underwood :
John Hamilton KC’s book, Adjudication on the Gold Fields was launched by Chief Justice T Bathurst, in the Banco Court, on 8 March 2016. Details of the book, based on John’s PhD thesis are available at: Launch of Adjudication on the Gold Fields
John is a former judge of the Supreme Court of NSW and a much valued active member of both the Francis Forbes Society for Australian Legal History and the Australian and New Zealand Law and History Society.
RULES OF COURT IN THE TIME OF CHIEF JUSTICE FRANCIS FORBES
A paper by the Hon John P Bryson KC formerly a Judge of Appeal in the Supreme Court of New South Wales
(18 March 2013)
Outline of Chapters
1 Introduction and scope
2 Commentary on Imperial Acts and subordinate legislation
3 Commentary on adopted legislation
4 Commentary on local legislation
5 Commentary on Rules of Court – with Table of publications of rules of court from 1825 to 1839.
Detailed Appendix – Publications and Sources of Rules
