Vice Admiralty Court (New South Wales)
In English legal theory, the Lord Admiral, as vice-regal of the monarch, was the only person who had authority over matters relating to the sea.
The function of an admiralty court initially in the 14th century was to deal with piracy and other offenses committed upon the high seas.
However, it did not take long for those early courts to seek to manifest control over all things to do with shipping, such as mercantile matters.
[1] The court in New South Wales was established by letters patent dated 2 April 1787 issued by the reigning monarch of England, King George III.
However, as the colony of New South Wales was not yet established, the Admiralty obtained additional letters patent to ensure that there was no legal defect in the constitution of the court.
[2][3] On 30 April 1787, the High Court of Admiralty issued those letters patent which appointed the first Governor of New South Wales Arthur Phillip as Vice Admiral.
Further letters patent were also issued to Robert Ross who was appointed as the first judge of the court.
[4] At the time of establishment, this included commercial disputes involving ships, seamen's wages, collisions, and salvage.
[1] The court needed to rely upon the old Roman civil law to establish any breaches.
[6] Former Chief Justice Frederick Jordan noted that criminal cases often fell through because sailors weren't available to give evidence (whether by malice or design).
Other Spanish vessels condemned during this time were the El Plumier, Euphemia and the Anna Josepha[7][8][9] In 1810 Judge Advocate Ellis Bent questioned the jurisdiction of the court to consider proceedings in prize.
Archive records from the court indicate that this related to the granting and revoking of letters of marque and the provision of sureties by masters or shipowners.
In some cases, both courts had concurrent jurisdiction, such as over criminal offenses committed upon the high seas.
However, in practice, criminal cases were brought in the Supreme Court [3] probably because of the difficulty in finding seven commissioners to sit.
This could cause problems as when the judge was unavailable through leave or absence, there was a belief that no other person who could perform the role.
[3] For example, in the case of the Almorah, the Attorney General of New South Wales Saxe Bannister thought that there was no actual admiralty court as Forbes did not hold an actual commission from the United Kingdom as a judge in Admiralty.
[4] In 1868, the Victorian registered schooner Daphne chartered by Ross Lewin and skippered by John Daggett recruited islanders from the islands of Tanna, Erromango, Efate, Loyalty and Banks as indentured labour for employment on Queensland sugarcane fields.
Palmer brought proceedings in the court to have the Daphne condemned under the British slave trade laws.
The case was heard by Sir Alfred Stephen, who was the Chief Justice of New South Wales, and held the appointment of judge commissary in the Vice-Admiralty Court.
In this case, the Glencairn was being towed to Newcastle, New South Wales during a gale and heavy seas.
The presiding judge awarded the owners £125 for the rescue, £100 to the master of the boat for his promptitude and skill, and £75 to the crew to be divided equally amongst them.
