At the time, the Governor of New South Wales had virtually unlimited powers and could only be overruled by the Colonial Office in the United Kingdom.

[2] Francis Forbes, formerly Chief Justice of Newfoundland, was heavily involved in the drafting of the bill presented to Parliament.

Moreover, it established the office of Chief Justice of New South Wales, which was an ex officio member of the legislative council who also had to certify any laws as being proper.

Castles describes the case that followed as a fabricated cause, set in train by D'Arcy Wentworth, who was one of the magistrates who had failed to assemble juries,[5] but had been one of the leaders of the 1819 petition seeking their introduction.

In consequence of this legislation, Letters Patent establishing the New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824.