Fusion - Fission - Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972

M. Leeming, "Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824-1972" in J Goldberg et al (eds), "Equity and Law: Fusion and Fission", Cambridge University Press, 2019, pp. 118-143

Sydney Law School Research Paper No. #19/55

24 Pages Posted: 30 Aug 2019

See all articles by Mark Leeming

Mark Leeming

The University of Sydney Law School

Date Written: August 29, 2019

Abstract

The very idea of a "fusion fallacy" and the central importance of the effect of the Judicature legislation upon common law and equity is associated with New South Wales. Yet the Supreme Court of New South Wales was constituted in 1824 as a single court with broad jurisdiction at common law and in equity. One hundred and fifty years later, legislation was required to fuse its separate common law and equity "sides". How did that fission come about? This chapter, largely based on unpublished primary records, seeks to explain how that occurred.

Keywords: Equity, Judicature legislation, fusion fallacy, Francis Forbes, John Walpole Willis, uniform colonial legislation

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark, Fusion - Fission - Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824 - 1972 (August 29, 2019). M. Leeming, "Fusion-Fission-Fusion: Pre-Judicature Equity Jurisdiction in New South Wales 1824-1972" in J Goldberg et al (eds), "Equity and Law: Fusion and Fission", Cambridge University Press, 2019, pp. 118-143; Sydney Law School Research Paper No. #19/55. Available at SSRN: https://ssrn.com/abstract=3444749

Mark Leeming (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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