Vice Admiralty Court (New South Wales)

The Vice Admiralty Court was a prerogative court established in the early 18th century in the colony of New South Wales, which was to become a state of Australia. A vice admiralty court is in effect an admiralty court. The word “vice” in the name of the court denoted that the court represented the Lord Admiral of the United Kingdom. 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 Lord Admiral would authorize others as his deputies or surrogates to act. Generally, he would appoint a person as a judge to sit in the Court as his surrogate. By appointing Vice-Admirals in the colonies, and by constituting courts as Vice-Admiralty Courts, the terminology recognized that the existence and superiority of the “mother” court in the United Kingdom. Thus, the “vice” tag denoted that whilst it was a separate court, it was not equal to the “mother” court. In the case of the New South Wales court, a right of appeal lay back to the British Admiralty Court, which further reinforced this superiority. In all respects, the court was an Imperial court rather than a local Colonial court.

The function of an admiralty court initially in the 14th century was to deal with piracy and other offenses committed upon the high seas. This was a manifestation of England’s claim over the sovereignty of the seas claimed by her. 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. This led to a running battle between the admiralty courts and the common law courts as to which court had jurisdiction over particular issues. At times King Richard II and King James I were induced to arbitrate a solution to these disputes. Admiralty courts were run under the Roman civil law of the time, whereas the common law courts were run under the common law procedures. Litigants would prefer the simplicity of the admiralty courts over the complexities of the common law courts.

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. These letters authorized the Lords Commissioners of the Admiralty to constitute and appoint a Vice Admiral for the colony, as well as a Judge and any other officers needed for the court to function in the new colony that was soon to be established. The Admirals had authority to appoint vice-admirals and judges in any existing colony. 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. Those further letters patent authorized the Admiralty to make appointments in the new colony.

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