Law Report Two hundred years of the NSW Supreme Court
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Dec 31, 2024 Join Andrew Bell, the Chief Justice of New South Wales, as he unpacks the rich history of the NSW Supreme Court, which celebrates its 200th anniversary. He delves into the court's evolution from military rule to a structured legal system. The conversation covers the Mile Creek Massacre, where justice for Indigenous victims was pursued amidst societal resistance. Additionally, Bell discusses challenges in evidence during murder trials and the establishment of the Judicial Commission, highlighting the importance of accountability in the judiciary.
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Role of the Supreme Court
- The Supreme Court of NSW guards the rule of law, acting as a check on executive power.
- It also protects individual rights and resolves disputes across various legal areas.
Early Justice in NSW
- Before 1824, NSW was primarily a penal colony with limited legal disputes.
- The rise of emancipists and free settlers led to a need for a more comprehensive court system.
Massacres and the Courts
- Massacres of Indigenous people were prevalent in early colonial NSW.
- Aboriginal people were often unable to testify due to the requirement of a Christian oath.