However, Parkes lost the confidence of the Assembly following Governor Robinson's decision to release of the bushranger Frank Gardiner led to the defeat of the ministry in 1875.

[1] The retirement of Robertson pitted Parkes against George Dibbs and after the governments of both Dibbs and Sir Patrick Jennings faltered under public debt,[2] Parkes formed his fourth ministry, leading the newly established the Free Trade Party and holding office for nearly two years.

Parkes lost a vote on the floor of the Assembly in January 1889 and Dibbs assumed office.

There was a significant swing to the Protectionists, gaining 29 seats,[4] however it was insufficient to command a majority of the Legislative Assembly and Parkes resumed the premiership,[2][1] where he agitated for the formation of a Commonwealth of Australia against a somewhat hostile New South Wales Colonial government.

[2][3] Under the constitution, ministers were required to resign to recontest their seats in a by-election when appointed.