South Australia's Judicature Act Reforms of 1853: The First Attempt to Fuse Law and Equity in the British Empire

In South Australia in 1853, 20 years before the judicature system was introduced in England, legislation was passed to fuse the administration of law and equity. This article first describes the South Australian reform and then considers the sources from which it might have emanated and the motives behind its enactment. It shows that, however boldly the reform may have been conceived, the practical impact of the reform on the administration of justice in South Australia was very slight. Reasons suggested for this fact include the predominance of English ideas in nineteenth century Australia and the sudden but at the same time voluntary nature of the change introduced by the legislation.