Establishment of the NSW Supreme Court and Press Freedom
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This case method resource explores Chief Justice Francis Forbes’ decision on allowing a free press in early NSW. It includes summaries, primary sources, and discussions examining tensions with Governor Darling. It highlights how an independent judiciary and free press act as checks on power, reinforcing rule of law and protecting rights in society.
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These discussion questions guide students to evaluate early NSW governance, Governor Darling’s leadership, and the challenges of managing a penal colony. They explore reforms, the rule of law, and separation of powers, while examining tensions between Darling and Forbes, press freedom, and how checks and balances protect rights and limit government power.
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This activity sheet is to be used in conjunction with the Checks and Balances storybook to assist students understand the story and events that led to the establishment of the NSW Supreme Court and the fight for press freedom in the early colony
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Timeline Worksheet. Using the details from the Checks and Balances Book or their own research, students can complete this timeline of events.
Checks and Balances Book
Knowledge and Understanding Activities
This activity looks at an event in early colony of New South Wales based on the book Checks and Balances: Press Freedom and an Independent Judiciary.
The below questions relate the the storybook, but can also be completed by watching the summary video.
When was the British colony of New South Wales established?
Who was Ralph Darling? What was his role in the NSW colony?
What instructions did Governor Ralph Darling receive from the British government upon his arrival in New South Wales?
What was the state of the New South Wales colony when Darling arrived in 1825? Is this what you expected?
Read the ‘Prioritises for the NSW colony’ on page 12. What measures did the British government take to turn New South Wales back into a proper penal colony?
How would you describe Governor Darling’s leadership style / how he approached managing the colony?
What does it mean for the Governor’s word to have “the effect of law”? Why was the British Government an ineffective ‘check’ on the Governor’s power?
Read the ‘New South Wales Act’ on page 15. What was the significance of the 1823 New South Wales Act? What institutions did it establish?
What was the role of the Supreme Court?
Who was Francis Forbes? What was his role as Chief Justice of the Supreme Court?
What was significant about the establishment of ‘The Australian’? How did it differ from the other newspapers in the colony (e.g. the ‘Sydney Gazette’)?
What were the implications of the licensing system that Governor Darling wanted to implement? Would this give the Governor control over what newspapers could publish? Why might this be dangerous?
Who were Joseph Sudds and Patrick Thompson? Why did they want to become convicts? What actions did they take?
How did Governor Darling respond to Sudds and Thompson’s actions? Why did he react like this?
Why did the Australian newspapers wage a public campaign against Governor Darling and what is significant about their ability to do so? Does this demonstrate the power of the free press?
In April 1827, Darling attempted to control what the newspapers could write about him by submitting two Bills to the Executive Council. What were these two Bills?
What was Chief Justice Forbes’ opinion on the proposed Bills? When Forbes described the liberty of the press as a “constitutional privilege,” he was referring to the human right of “all people to express an opinion.” If there was a press license fee, how would this impact freedom of speech?
Related Resources
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Francis Forbes (1784–1841) was the first Chief Justice of NSW, playing a key role in shaping the colony’s legal system. He upheld the rule of law, checked the Governor’s power, and supported press freedom. Known for independence and integrity, Forbes helped protect citizens’ rights and advance democratic principles in early Australia.
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The following case about the establishment of the Supreme Court in New South Wales highlights the
importance of having checks and balances in place (such as an independent judiciary and free press) to restrain the power of the Governor and to ensure that the rule of law is universally upheld. In
doing so, this case illustrates how a separation of powers continues to protect our individual rights
and freedoms, even today. -
This case method resource explores Chief Justice Francis Forbes’ decision on allowing a free press in early NSW. It includes summaries, primary sources, and discussions examining tensions with Governor Darling. It highlights how an independent judiciary and free press act as checks on power, reinforcing rule of law and protecting rights in society.
-
These discussion questions guide students to evaluate early NSW governance, Governor Darling’s leadership, and the challenges of managing a penal colony. They explore reforms, the rule of law, and separation of powers, while examining tensions between Darling and Forbes, press freedom, and how checks and balances protect rights and limit government power.
Explore Related Topics
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Independent and Impartial Judiciary
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Freedom of Speech
Explore resources on freedom of speech in Australia, outlining how it supports democratic debate, accountability, the protection of individual rights, and a rule-of-law culture.
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First Civil Case in NSW: The Lost Parcel
On the First Fleet, a lost parcel sparked Australia’s first civil lawsuit. In Cable v Sinclair (1788), convicts Henry and Susannah Kable successfully sued a powerful ship’s captain.