Establishment of the NSW Supreme Court and Press Freedom
-
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.
-
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
-
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
Timeline Activity
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 timeline relates to the storybook, but can also be completed by doing research online.
Related Resources
-
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.
-
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
-
Independent and Impartial Judiciary
Explore resources on an open, independent and impartial judiciary and its role in delivering fair justice.
-
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.
-
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.