[2][3][4][5] The right to vote was limited to men aged over 21 who owned property worth at least £200 or occupied a house at £20 per year.

[6] There was a higher requirement to be a member of the Council, owning property worth £2,000 or income from real estate of £100 per year.

[8] Settlers of the Port Phillip District had wanted representation in the New South Wales Legislative Council for some time, achieving 6 representatives from 1843, "But the colonists were not satisfied with government from and by Sydney".

[9][10] The campaign for independence for the district saw Earl Grey elected as the member for City of Melbourne.

[11] A different tactic was adopted for the 5 member Port Phillip, with no candidates nominated on 27 July,[12] and a fresh writ was issued on 25 August for an election on 3 October.