On 24 June 1843, John Willis was notified that he had been appointed by Governor Gipps as the judge of the Supreme Court of New South Wales for the District of Port Phillip and Jeffcott was promptly appointed to replace him. In February 1844 Willis appealed to the Privy Council. Jeffcott was concerned that if Willis was found to have been invalidly removed, then his own appointment may also have been invalid. Of particular concern was that if he imposed the death penalty, he may be guilty of murder.[3] It has been doubted whether Jeffcott's concerns were well founded, given the long standing-protection of de facto officers.[4][5] Jeffoctt resigned in December 1844 and was replaced by Roger Therry.[6]
^In July 1846 the Privy Council held that Willis' removal was invalid, while there were sufficient grounds for his removal, Willis was denied procedural fairness as he should have been given an opportunity to be heard: Willis v Gipps (1846) , 13 ER 536, Privy Council (NSW).