Sir Francis Forbes and the Earliest Australian Public Law Cases

2004 ◽  
Vol 22 (2) ◽  
pp. 209-242
Author(s):  
Ian Holloway

There is, among many students of Australian law, a tendency to regard the establishment of constitutional government in Australia in positivistic terms: as a result of the passage of the New South Wales Act in 1823, or of the Australian Courts Act in 1828, or of the Australian Constitution Acts of 1842 and 1850, or even of the Commonwealth of Australia Constitution Act in 1900. This is understandable, for, as Sir Victor Windeyer once put it, there was in the foundation of European society on these islands no element whatever of a social contract. Rather, the move to populate the Australian territories was a consequence entirely of a prospectively looking determination made by the government in London. And, as Windeyer went on to note, the formal establishment of local government was effected by ceremonies that were by their very essence positivistic in nature. On 26 January 1788, there was first a formal ceremony in which the Union flag was raised and a salute fired. Then, on 7 February, the whole population of the colony was assembled and the royal letters patent were read, which formally instructed Captain Phillip to go about the duty of creating a penal establishment.

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Igor Ivannikov ◽  
Brian Dollery ◽  
Leopold Bayerlein

PurposeThe paper addresses the question of whether Crown land managed by local authorities in the New South Wales (NSW) local government system should be recognised as assets on municipal balance sheets.Design/methodology/approachThe paper provides a synoptic review of the literature on accounting for public goods assets followed by a critical analysis of the official requirements of the NSW government on the recognition of Crown land.FindingsThe NSW government holds that Crown land managed by local councils should be recognised as an asset on council books. However, following an assessment of the problem through the analytical prism of financial accounting, it is argued that councils do not possess control over Crown land and that such land should thus not be recognised by councils.Research limitations/implicationsThe paper covers the legal and accounting framework applicable to NSW local government. However, it has broader implications for other local government systems with similar institutional and legislative foundations, such as other Australian states, New Zealand and South Africa, and these implications are highlighted in the paper.Practical implicationsIt is argued that NSW government policymakers should re-consider the requirement for Crown land to be recognised on councils' books. Local authorities would then be able to save money and time on external auditing, management of land asset registers and the mandatory valuation of land.Originality/valueAlthough Crown land shares some of the characteristics of other public good assets, unique accounting challenges arise due to the existence of a market in which such land could be traded not by councils, but by its legal owner (the Crown). In financial accounting, legal ownership is not considered as the main criterion over assets. However, the authors argue that for Crown land vested with councils, it becomes a critical factor in decision making.


1970 ◽  
Vol 2 (2) ◽  
pp. 66-67
Author(s):  
Virginia Macleod

Warriewood is on Sydney's northern beaches, between Mona Vale and North Narrabeen, in the Pittwater local government area.This was once a 'wet' part of the coast. Lagoons and swamps were typical of the northern beaches and east coast of New South Wales. Narrabeen Creek flows through the middle of Warriewood, and Mullet Creek marks its southern boundary. Early nineteenth-century maps mark most of the land between the south-east corner of Pittwater across to Mona Vale Beach and south, including Warriewood Valley, as swamp. The local Guringai Aboriginal people would have found these swamps rich in food supplies – fish, birds, plants and naturally fresh water.


2007 ◽  
Vol 18 (1) ◽  
pp. 1 ◽  
Author(s):  
Rachel Sanderson

Colonial botanists played an important role in both elucidating and reshaping the nature of the North Queensland rainforests between 1860 and 1915. The Government Botanist of Victoria, Ferdinand von Mueller, was the first to begin to document the plant life of North Queensland. In 1859, on separation from New South Wales, Queensland's first Colonial Botanist was appointed to the Brisbane Botanic Gardens; this role was filled initially by Walter Hill, then by Frederick Manson Bailey.They were based at a distance from the northern rainforests and largely relied on local collectors to supply them with specimens that they would then identify, name and describe. They were also part of a network that assisted in the introduction of plants to North Queensland from other tropical locations for acclimatization purposes, and they worked to promote the development of tropical agriculture in the region. Colonial botanists not only promoted the settlement of rainforest areas and utilization of rainforest species, they also recorded and commented on the associated processes of environmental change that they observed.


2018 ◽  
Vol 55 ◽  
pp. 113-122 ◽  
Author(s):  
Joseph Drew ◽  
Brian Edward Dollery ◽  
Boyd Dirk Blackwell

Sign in / Sign up

Export Citation Format

Share Document