Book Description
""Legal history", wrote Sir William Holdsworth, "must always begin with the history of the courts". In other words, it is necessary, historically speaking, to understand the institution administering the law before one comes to understand the law so administered. That is an object of this book. It is intended to prepare the way for the writing, in due course, of a comprehensive legal history of New South Wales and, hopefully, of Australia. Doubtless the chief concern of such a history will be the growth and development of the substantive law and of legal procedure. The present study, on the other hand, is directed to the growth and development of the institution principally responsible for applying and interpreting that law and administering that procedure within Australia's foundation State. Another object of this book is a commemorative one. It is published during the celebration of the Supreme Court's sesquincentenary. That is a fitting occasion to take stock of the court and of its achievements since it was first constituted." -- from the Introduction p. xv.