[3] While John Plunkett was the first NSW Barrister to be appointed a Queen's Counsel, this was on 6 June 1856 after he had retired as Attorney General.
[4][5] The first person who was a Queen's Counsel at the time of his appointment as Solicitor General was John Hargrave QC.
The office of Solicitor General was created in 1824 following the inquiry by John Bigge between 1819 and 1821 into the colonies of NSW and Van Diemen's Land.
In addition to the preparation and prosecution of criminal charges, Bannister's duties included acting for the Crown in civil matters, overseeing the preparation of Crown land grants, giving legal advice to the Governor and Government departments and drafting acts, proclamations and Government Orders.
[10][12] The Attorney-General was not appointed to determine small claims, and instead that role that was given to Stephen and in a separate capacity as Commissioner of the Courts of Request.
[16][10] The name "Solicitor-General" is taken from the title of the deputy of the Attorney-General for England and Wales, first appointed in 1461, with the name "solicitor general" becoming standard from 1536.
[17] One of the first cases in which Stephen argued as Solicitor-General,[18] saw him appearing for the Magistrates of Sydney in opposition to the Attorney-General concerning trial by jury.
Bannister advised Governor Brisbane that the establishment of a Court of Quarter Sessions required the same composition as in England, including a civilian jury.
Castles describes the case that followed as a fabricated cause, set in train by Wentworth, in which the Attorney-General sought an order requiring the magistrates to assemble juries.
Roger Therry was often Plunkett's junior, including in the Myall Creek massacre trials,[25][26] although he was never appointed to the role of Solicitor General.
Instead the Premier Henry Parkes appointed a solicitor, George Allen, to the new Ministry of Justice and Public Instruction whose responsibilities included the administration of the courts, sheriff and coroner.
[34] This overcame the constitutional limitation that the Attorney General's prerogative powers as first law officer could not be delegated to another minister.
[46] In addition to his principle role in conducting litigation,[47] Bevan was appointed to provide legal advice to the members of the Legislative Council.
[48] David Hall was appointed Minister of Justice in April 1912 and it was initially intended that Bevan would retain his role as Solicitor General.
[52][53] A significant change during the tenure of Snelling was the passage of the Solicitor General Act 1969,[54] which converted the role from a public servant to a statutory office.