Establishment of the NSW Supreme Court and Press Freedom
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This retelling of The Rule of Law Education Centre book Checks and Balances is about the establishment of the NSW Supreme Court. This story highlights the important role that checks and balances such as an independent judiciary and free press had in the new colony. It tells the story of the tension between Governor Ralph Darling, who had been sent to the colony to rebuild it as a place of ‘terror’ for the convicts who had been sentenced there, and Chief Justice Forbes, whose duty it was to administer justice through the courts and ensure that the rule of law was upheld by all… even the Governor! With such great power being vested in two men with such opposing objectives, what could go wrong? The team at the Rule of Law Education Centre have created resources (all have printable PDF’s), to help teachers use this historical event to engage students in understanding civic concepts.
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Read the texts from a wide variety of source documents including an Extract from Australian Discovery & Colonisation (Volume II – 1800 to 1831) by Samuel Bennett, 1865, Extract from Sir Francis Forbes: The First Chief Justice of the Supreme Court of New South Wales by C. H. Currey, 1968 and the Australian newspaper in 1824 to understand the perspectives and decisions.
Video: Checks and Balances
The story of Francis Forbes and Governor Darling, the NSW Supreme Court and Press Freedom
This retelling of The Rule of Law Education Centre book ‘Checks and Balances’ is about the establishment of the NSW Supreme Court.
This story highlights the important role that checks and balances such as an independent judiciary and free press had in the new colony.
It tells the story of the tension between Governor Ralph Darling, who had been sent to the colony to rebuild it as a place of ‘terror’ for the convicts who had been sentenced there, and Chief Justice Forbes, whose duty it was to administer justice through the courts and ensure that the rule of law was upheld by all… even the Governor!
With such great power being vested in two men with such opposing objectives, what could go wrong?
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 activity sheet is to be used together with the Checks and Balances book or video to help understand the context and perspectives of the new Chief Judge and Governor.
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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.
Explore Related Topics
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Independent and Impartial Judiciary
Explore resources on an open, independent and impartial judiciary and its role in delivering fair justice.
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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.