Ellis Bent

The Deputy Judge Advocate of New South Wales was the senior legal officer of the colony and functioned in many ways as a Chief Justice.

[5] He was appointed by Lord Bathurst as the deputy judge-advocate of the colony of New South Wales as from 1 January 1809.

He arrived at Sydney on 1 January 1810 on board HMS Dromedary, which happened to be carrying the new Governor of New South Wales, Lachlan Macquarie.

Bent was well regarded by Macquarie initially, and set about his role of judge-advocate with vigor and good faith.

Some of these related to the introduction of jury trial in the colony and the creation of a new superior court to deal with civil matters.

Macquarie recommended that the plan be adopted and suggested to the English authorities that Bent should be made the first judge of any such court created.

Macquarie took the view that Bent's commission required him to obey the orders and directions of the governor in all times.

Whilst Bent had been initially progressive in allowing convict lawyers to appear in the Court of Civil Jurisdiction to assist litigants as agents, he sided with his brother that they should not be allowed to appear in the newly created Supreme Court of Civil Judicature to which his brother had been appointed.

However, in 1814, when Macquarie provided a draft set of revised rules, Bent found them to be unnecessary and some to be illegal.

Macquarie graciously wrote to Lord Bathurst recommending the payment of a pension to widow in view of Bent's services to the colony.

[8] Later, after 1825 when Brevet-Major John Ovens died, he was also removed to Garden Island in accordance with Bent's earlier wishes.

Ellis Bent headstone, Botany Bay Cemetery