The post of Deputy Judge Advocate became vacant after the death of Ellis Bent on 10 November 1815. Governor Macquarie offered Garling the office of Deputy Judge Advocate on an acting basis from 12 December 1815. Garling held this office until the arrival of John Wylde on 5 October 1816. Garling was progressive in that he apparently allowed emancipist solicitors to practise in the courts over which he presided. Macquaire also appointed Garling a justice of the peace. This was an important appointment in the colony, as at the time, a justice of the peace was in effect a local authority governing planning, liquor trading and employment regulation. Additionally, one of the functions of the Deputy Judge Advocate as a justice of the peace was to sit as a court of petty sessions hearing less serious criminal charges.
