After Captain James Cook's successful voyage which involved charting the eastern coast of Australia, New South Wales was seen as a perfect proposition for a convict colony. Upon arriving at Botany Bay, there was little fresh water or fertile soil, so captain Phillip set sail for a better location.
Why did the British establish a settlement in New South Wales?
The British established a settlement in New South Wales in 1788 because they needed to send some of the prisoners out of the country because of the overcrowded prisons in Britain, which led to more crime and therefore convicts, for a growth of empire,...
How will the NSW proposal affect your settlement agreement?
However, the Court of Appeal observed that, if enacted, the NSW Proposal may result in courts being entitled to exercise their discretion to set aside settlement agreements if a survivor can establish that the settlement agreement was unjust or unfair on the basis that it was entered into prior to the 2016 Amendments and 2018 Amendments.
When was the colony of New South Wales formally proclaimed?
About midday on 7 February, the convicts, marines and others who were staying, were gathered by the Governor for the reading of the proclamation of New South Wales and a long reading of the rights of the convicts and others. Thus, the Colony of New South Wales was formally proclaimed on 7 February 1788. [2]
Can NSW courts set aside a settlement agreement for past abuse?
The NSW Government released a Discussion Paper in early 2020 seeking submissions on potential reforms that would allow NSW courts to set aside a settlement agreement between a survivor of past child sexual abuse and a responsible institution in specific circumstances (NSW Proposal).
What was the colony of New South Wales?
The British colony of New South Wales was established in 1788 as a penal colony . After the American War of Independence, Britain, in a time of social upheaval at the beginnings of massive agricultural, industrial and social change, was faced with overcrowded prisons and prison ships and no suitable destination to transport their convicts Lieutenant James Cook's discovery and annexation for Britain of the east coast of Australia in 1770, now aroused new interest. In particular, Sir Jospeh Banks, the influential Botanist who had accompanied Cook on the voyage, strongly supported "Botany Bay" as a site for a new British settlement and convict colony. For this and for related strategic and commercial reasons, the British government decided, to embark on the new settlement project.
Who was the governor of New South Wales in 1806?
From 1806, the Governor of New South Wales was Captain (later Admiral) William Bligh. Bligh, a talented and strong naval officer, has been somewhat vilified as an excessive disciplinarian in the accounts of the mutiny that took place on his ship, HMS Bounty, in 1789.
What did the New South Wales military do?
The officers quickly gained significant land holdings and monopoly control over trade, especially of rum and alcohol imports.
What happened to the New South Wales Corps?
The New South Wales Corps remained in control until 1810 when the British government sent a new Governor (Macquarie) with his own regiment, disbanding the New South Wales Corps.
What was the role of the governors in the New South Wales government?
In New South Wales, the governors had the responsibility of putting into effect the Statute and Common law of England.
What was the first sign of change?
The arrival of the first free settlers, five single men and two families, in 1793 was the first sign of a need for change. The number of free settlers and merchants steadily grew, as did the number of native born people and convicts who had served their time and were now free citizens. And, as the size and importance of the free citizenry grew in relation to that of the convicts and military, so, inevitably, would also grow a demand for democratic change.
Who were the early governors of New South Wales?
The Early Governors of New South Wales. Governor Phillip (1788-92) was succeeded as Governor by Governors John Hunter, 1795-1800, Philip Gidley King, 1800-06, and William Bligh, 1806-08 (the famous Captain Bligh of the "Mutiny on the Bounty"). Until 1824, the military governors of New South Wales were absolute rulers, ...
Why did the British settle in New South Wales?
The British established a settlement in New South Wales in 1788 because they needed to send some of the prisoners out of the country because of the overcrowded prisons in Britain, which led to more crime and therefore convicts, for a growth of empire, security and trade and they needed a climate suitable for growing crops such as flax and trees for their wood due to their supply being under threat from war.
Why did England choose New South Wales?
England chose New South Wales to establish a settlement because of overcrowded prisons in Britain and no place left in the world to send convicts, expanding the empire, security, trade and naval power and it was suitable for growing crops such as flax and timber as the Baltic supply in England was under threat.
Why did Britain want to colonize the East Coast?
Colonising the east coast would expand the British Empire, the reason for this was to establish a trade route with the Spice Islands for trade of expensive and exotic spices, tea from China and India and tobacco and sugar from America. It was also believed that Australia could provide commercial and political gains to Britain. Britain also wanted to stop the growth of the French Empire, because they didn't want to be taken over by the French and to prevent France from being the largest empire in the world. Britain also wanted to expand its naval power. Britain had the strongest navy in the world at the time. They saw Australia as a perfect proposition to add naval bases since ships couldn't sit out at sea all the time, even being fully stocked with food and water, needed to come in for repairs frequently. With a strong navy, the whole world becomes open to expansion.
Why did Britain need flax?
Due to the war of independence, Britain needed to find an alternative supply of Flax and timber. The supply in Britain was under threat, so they needed to establish a new supply that wouldn't be threatened. It was believed that nearby Norfolk Island would provide this. The flax plant was used to create superior ropes and canvas, and if the supply ran out, they couldn't make ropes and sails for their ships. And as for the timber, they wouldn't be able to build successful ships and homes and eventually the empire would fall behind.
What is the law reform proposal for setting aside settlement agreements?
The NSW Government released a Discussion Paper in early 2020 seeking submissions on potential reforms that would allow NSW courts to set aside a settlement agreement between a survivor of past child sexual abuse and a responsible institution in specific circumstances (NSW Proposal ).
What should organisations that have been involved in settlements involving sexual abuse claim?
Organisations that have been involved in settlements involving sexual abuse claims should consider undertaking an audit of settlement agreements that may be open to challenge , particularly those where the settlement sum is significantly low or the claimant was not legally represented, if the NSW Proposal becomes law.
What was the case against Mr Magann?
Mr Magann commenced proceedings in the District Court against the Catholic Church of the Diocese of Parramatta and two priests in 2003. He alleged that he was a victim of sexual abuse perpetrated by the two Priests when he was a child between 1981 and 1991. As a result of the provisions of the Limitation Act 1969 (NSW) in force at the time, Mr Magann's claim was statute-barred. In the District Court proceedings, the Church sought to rely on a limitation defence and, while Mr Magann succeeded in his application to extend the limitation period in the District Court, the Church successfully appealed the grant of leave which resulted in a dismissal of the District Court proceedings. Despite the dismissal of the District Court proceedings, on 16 October 2007, Mr Magann entered into a Deed of Release with the Church in relation to the alleged historical sexual abuse following a settlement meeting.
What was the Supreme Court's decision on the Magann deed?
The Supreme Court determined, as a separate preliminary question , that the Church was entitled to rely on the Deed as a complete defence to the proceedings brought by Mr Magann and dismissed the proceedings. N Adams J found that the Deed was valid in circumstances where there was an "express intention" that the Deed apply to "all conceivable future disputes" and, although the Church had superior bargaining power at the time that Mr Magann's claim was statute barred, there was no evidence to suggest that Mr Magann suffered from a special disadvantage such that he would be entitled to equitable relief under the principles of unconscionability.
What is the contract review act 1980?
It found that the Contracts Review Act 1980 (NSW) precludes the Court from having regard to injustice arising from circumstances not reasonably foreseeable at the time of the Deed, namely, being the subsequent removal of the limitation period.
Can a NSW proposal be set aside?
However, the Court of Appeal observed that, if enacted, the NSW Proposal may result in courts being entitled to exercise their discretion to set aside settlement agreements if a survivor can establish that the settlement agreement was unjust or unfair on the basis that it was entered into prior to the 2016 Amendments and 2018 Amendments.
Is the NSW proposal still in consultation?
While the NSW Proposal is still in the consultation phase, a decision in a case where the original settlement was impacted by the limitation period in force at the time has proceeded to judgment in the NSW Court of Appeal. However, in the absence of a specific statutory right to apply for a settlement agreement in relation to child sexual abuse ...
When was New South Wales established?
The first "responsible" self-government of New South Wales was formed on 6 June 1856 with Sir Stuart Alexander Donaldson appointed by Governor Sir William Denison as its first Colonial Secretary.
When was the colony of NSW founded?
About midday on 7 February 1788, the convicts, marines and others who were staying, were gathered by the Governor for the reading of the proclamation of New South Wales and a long reading of the rights of the convicts and others. Thus, the Colony of NSW was founded on 7 February 1788. Before that, British naval administration applied.
What was the name of the British colony in Australia?
Colony of New South Wales. The Colony of New South Wales was a colony of the British Empire from 1788 to 1901, when it became a State of the Commonwealth of Australia. At its greatest extent, the colony of New South Wales included the present-day Australian states of New South Wales, Queensland, Victoria, Tasmania, and South Australia, ...
What was the name of the colony that was established in 1834?
Main article: Colony of South Australia § The Proclamation of South Australia (1836) In 1834, the British Parliament passed the South Australia Act 1834, which enabled the province of South Australia to be established.
What territories were transferred to the Commonwealth of Australia?
1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand) Since 1908 British Antarctic Territory 24. Since 1908 South Georgia and the South Sandwich Islands 24.
What was the purpose of the Federation of Australia?
The Federation of Australia was the process by which the six separate British self-governing colonies of Queensland, New South Wales, Victoria, Tasmania, South Australia, and Western Australia agreed to unite and form the Commonwealth of Australia, establishing a system of federalism in Australia. This effectively changed New South Wales ...
When did Australia gain independence?
In the Australia Act 1986 , Australia gained full independence from the United Kingdom, which includes that colonial laws – including those of New South Wales – would no longer be subject to disallowance or suspension by the Queen (section 8 of the Act) – a power that, anomalously, remains for Commonwealth legislation (Constitution sections 59 and 60). Thus the Australia Act represents the final stage of complete integration of the Former Colony of NSW into the jurisdiction of the Sovereign State of Australia.
Why were tradesmen sent to New South Wales in 1792?
Yet contracted tradesmen were still being sent to New South Wales in 1792 to help with the colony at Norfolk Island and others. Sparse flax producing equipment was sent out with the First Fleet ‘which hardly indicates strong encouragement for any flax enterprise’ or faith in the success of the new venture.
Who argued against Botany Bay?
Mackay is yet another who has expressed a view on the Botany Bay debate, commenting on other historians opinions. He argued against the strategic position of Botany Bay in relationship to naval trade. Like many, Mackay feels that the establishment of the colony was rushed and poorly done and ‘crisis orientated’ not a good start if the motives were really for naval trade and timber supply.
Why was Botany Bay colonized?
The traditionalist stands firm with the opinion that Botany Bay was only colonised to ‘rid the nation’s (Britain) prisons and hulks of convicts’. Frost believes the opposite is true. He has approached the Botany Bay debate by embracing the whole picture and the possible strategic plan with the Pitt Cabinet decision to set up a colony was for a number of motives; naval trade, supply of flax and naval timber from Norfolk Island and the fact the use of Britain’s excess convicts (labour) may well help serve in these purposes.
What was Matra's idea of a colony?
Matra’s idea was the possible new colony could be used by ‘those Americans who had remained loyal to Britain in the War of Independence’ such as himself, this idea however was rejected. He failed to mention or consider convicts, but later amended the proposal to ‘include transportees (convicts) among the settlers but as cultivators in their own right rather than as forced labour’ after an interview with Lord Sydney, Secretary of State for Colonies. Sir Joseph Bank’s actually had earlier suggested Botany Bay as a possible site for a British Settlement whilst aboard the Endeavour in May 1770.
What did Governor Phillip request?
Governor Phillip soon after arriving in 1788 requested ‘carpenters, masons, bricklayers’ to help with the setting up of the colony along with many tools of the trades. Yet the proposal for the establishment of the new colony being ‘Heads of a Plan’ addressed the effective disposing of the convicts to the new colony, along with the cultivation of flax, required stores and provisions, clothing for convicts, how the objective of the convict colony overrides the costs involved, naval staff and such.
When was Botany Bay established?
The idea of establishing a colony at Botany Bay started with the ‘Matra proposal’ in August 1783, even before the end of the War of Independence between America and England. James Matra who travelled with Cook to the South Seas in 1770, spoke of New South Wales as having good soil, advantages of flax cultivation, trade with China and others, ...
When did the first fleet arrive at Botany Bay?
As the First Fleet arrived at Botany Bay in January 1788, little did they know that historians in years to come would be disputing the real reasons for the British Government’s plans to establish a colony there. The Botany Bay debate commenced amongst historians in the 1960s after Blainey’s The Tyranny of Distance with his theory ...
How much did the convicts in New South Wales cost?
From 1788-89, the new colony accumulated expenses of over 250,000 pounds, which equated to 100 pounds per convict per annum.
What was the problem that led to the colonization of Australia?
Britain’s defeat in that war brought forth an urgent problem that eventually led to the colonisation of Australia: what it saw as a need to dispose of convicts who were overflowing the available prisons at home.
Why Botany Bay?
The search for a penal settlement lost momentum during the war, but regained some sense of urgency with its end in 1783.
What were the goals of the alternative penal colonies?
Discussions about alternative penal colonies meshed with Britain’s larger strategic and commercial goals at the time. Many hoped a new convict settlement would provide a base for extending British power in the wake of the American debacle and be “ advantageous both to navigation and commerce ”.
Why was Australia drawn on the map?
After Captain Cook’s Endeavour voyage in 1770, the east coast of Australia was drawn on European maps of the globe for the first time. Yet, in terms of European contact with the continent, there was an 18-year lull in between Cook’s 1770 landings and the arrival of the First Fleet in 1788. The main reason for this was Britain’s preoccupation ...
Why was the African coast unsuitable for colonization?
It concluded the site was unsuitable as it lacked an effective harbour and fertile land.
What was Britain's problem after it lost its American colonies?
Britain had an urgent problem after it lost its American colonies: where to send its convicts. It settled on NSW after rejecting other options, but the new spot didn't exactly live up to its billing.
