Adjudication on the Gold Fields in New South Wales and Victoria in the 19th Century

The heady days of the gold rushes in Victoria and New South Wales in the 1850s created a real problem for the colonial authorities. How were they to resolve the many disputes which could arise on the goldfields for those attracted by the lure of instant riches? How could they create a system of adjudication which protected the Crown’s rights yet provided fairness and justice and avoid the potential for those disputes erupting into violent confrontations? These issues are explored in this fascinating book. It is based on original research and concentrates on the period 1851-1875, when mining disputes were at their peak. The author examines the adjudicative measures put in place by the legislatures to deal with goldfields disputes. which included trespass. abandonment and encroachment claims. The author shows that the initial reaction in both colonies was the creation of goldfields commissioners who decided dispute so rally and on the spot, sometimes with large numbers of other miners present. He states that this system largely worked in NSW because of the person chosen as the first commissioner.However, the dissatisfaction with the system of commissioners in Victoria which resulted in the events at Eureka, saw the system change to a more formal process of adjudication, which was later adopted in NSW. The author shows that the adjudication systems as developed led to a peaceable resolution of the goldfields disputes and a general satisfaction with the system by those involved. The book will appeal to a wide range of readers including lawyers and those interested in the social history of Australia. It is highly recommended. - Scott Whitechurch, InPrint, Law Institute Journal Victoria, December 2016 In Adjudication on the Gold Fields, John Hamilton provides the first detailed history of judicial functions on the New South Wales and Victorian gold fields. A retired judge, Hamilton provides a careful, authoritative, although largely descriptive, account of the provision of justice on the gold fields over more than half a century. He shows how a tradition of single-person dispute resolution grew up - involving variously the magistracy, the Crown Lands Commissioners, the Gold Fields Commissioners, Justices of the Peace - followed and accompanied by the development of special mining courts. … One of the virtues of the book is its concise and comprehensive setting out of the legislative history of the establishment of these courts, noting in each case the paths available for appeals. Read full review… - David Goodman, Labour History, November 2016 The title of this book forebodes a treatment as dry as the dust that must have swirled around the gold diggings of eastern Australia 150 years ago. But as we all know, titles can be deceptive. Drawing on records not hitherto subjected to systematic analysis and supplementing earlier work that earned him a PhD at Macquarie University, the author has produced an eminently readable account of not only administrative and judicial processes for quelling mining disputes but also the social fabric of Henry Lawson’s “Roaring Days”. The reader expecting a discussion of the history of mining legislation and regulation will not be disappointed - but may be surprised to read that a Scot named Scobie was kicked to death outside the Eureka Hotel in October 1854 or that the commissioner on the Gulgong fields in the 1870s became much better known to later generations by his pen name, Rolf Boldrewood. The detailed account of legal events and developments is leavened by such revelations. … In his foreword to the book, Justice Geoff Lindsay aptly says: “It is a triumph in versatile storytelling. It can be read as a novel, studied as a judgment, or consulted as an expert’s report, according to the purpose and mood of the reader.” Read full review… - R I Barrett, Australian Law Journal, September 2016 I, for one, had never consciously wondered how justice was dispensed on the gold fields. I knew that there were Commissioners, later known as Mining Wardens, who sat to decide disputes but I did not know that, particularly in New South Wales, these people were quite hands on. They did not sit in a court as such but resolved the early cases by actually visiting the gold field. One of them is said to have worked himself to death! … As I read this book, it was easy to put myself back into the 19th Century. This book moves me to ask why there is not more emphasis on Australia’s history for there are some fascinating experiences from which to learn by reading books such as this. Adjudication on the Gold Fields is easy to read, is replete with Appendices, including a register of complaints from various Mining Courts and some transcripts of various of the cases, where the evidence or the nature of the claims was actually recorded in writing. This is a thoroughly interesting book. Read full review… - Brian Morgan, Hearsay, August 2016, 76 The mid nineteenth century gold rush period produced an unrivalled population explosion in Australia. … An unexpected administrative crisis arose from the sudden onset of the fledging gold mining pursuits in the colony. Disputes frequently broke out on the gold fields. … There was a rush to establish a system of laws and processes to govern life on the gold fields and to promote order among a potentially revolutionary and demographically diverse community of mostly transient opportunists. While there is considerable historical writing about life on the gold fields, particularly the rebellion of the Eureka Stockade, this book cures a long lasting lacuna of historical literature on the adjudication systems of the gold fields. It is a triumph of literary form. It is novel-like as well as a study and a subject matter authority. It contains both social history, colonial jurisprudence and personal stories. It really is a golden addition to any historical library, particularly one focussing on Australian history or legal history. Read full review… - Talitha Fishburn, Bar News, NSW Bar Association, Winter 2016 John Hamilton is a lawyer, a former member of the New South Wales Supreme Court. His short and effective work is not a romance but a necessary record of the role of adjudication in the early years of our local gold fields. … This book is an historical monograph in the most valuable sense, something which focuses upon a hitherto unexploited aspect of a wider and more generally understood period and at the same time throws new and refreshing light on that understanding. Read full review… - David Ash, Francis Forbes Society Newsletter, 33, Autumn 2016

John Perry Hamilton graduated BA (1960) and LLB (1963) from the University of Sydney and practised at the bar, principally in Sydney, for 33 years. He practised extensively in Wardens’ Courts, particularly in the 1970s. He was appointed Queen’s Counsel in 1982. He was appointed an Acting Judge of the Supreme Court of New South Wales in 1996 and a permanent Judge of the Equity Division in 1997. He retired in 2009 and was again an Acting Judge from 2009 to 2011. He was Chair of the Attorney General’s Working Party on Civil Procedure from 2002 until his retirement. He is a joint editor of Thomson Reuters Civil Procedure in NSW. He has written various articles on procedural and legal historical subjects. He obtained a PhD at Macquarie University in 2014 with a thesis which is the basis of his book Adjudication on the Gold Fields in New South Wales and Victoria in the 19th Century.