A by-election was held for the New South Wales Legislative Assembly electorate of Balmain South on 6 December 1902 because of the resignation of Sydney Law from Labour and the parliament.
[1] Following the 1901 election, the Progressive Party had formed a government with the support of Labour.
The Attorney General, Bernhard Wise, remitted Friedman's sentence and Joseph Carruthers, the Leader of the Opposition, moved a motion in the Legislative Assembly to censure Wise.
Law voted in support of the motion despite a Labour decision to oppose it.
[2] Law chose to resign and recontest the seat as an Independent Labour candidate.