[2][3] In 1827, one of Foster's colleagues, Alexander Baxter, was offered the position of Attorney General of New South Wales.

Foster decided to travel with him and migrated to Sydney, intending to continue his career as a barrister but, within a month, he was appointed to the newly created post of Solicitor General.

[4] Baxter was a dashing figure but totally incompetent as a lawyer and relied heavily on Foster to perform his duties.

[6][7] In 1838 Foster, along with William à Beckett and Richard Windeyer, defended the 11 colonists charged with murder in relation to the Myall Creek massacre.

Foster returned to England in 1854 and settled in Brighton but his first wife, Mary Anne died only two years later and he remarried in 1858.