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OverviewCedric Flower (Australia, b.1920, d.2000) Holtermann Before 1980 oil on board, 30 x 37 cm Private collection of John Perry Hamilton, Sydney Purchased 2004 Photo: Rebecca Shanahan © Katy Horan, Estate of Nicholas Charles Stapleton \n\nThis book deals with the inception and development of adjudication systems on the gold fields in New South Wales and Victoria in the 19th century. The sudden onset of the gold rushes in New South Wales and Victoria in 1851 created an immediate necessity for a system of resolving disputes among gold miners. Despite a large literature on the gold rushes generally, virtually nothing has been written on the adjudication systems. \nThe aim of this work is to examine what these systems were, to discover what records of them have survived and to expose samples of those records. The work concentrates on the period from 1851 to 1875 when the adjudication systems were at their most active. It records the changing legislative provisions relating to adjudication in that period. It explores and contrasts the success of the early system in New South Wales with its failure in Victoria. \nThe book explores what records survive of adjudications in both colonies and incorporates samples of them. It examines in some detail the career of Thomas Alexander Browne (who was the novelist Rolf Boldrewood) as the Commissioner at Gulgong in the early 1870s and who, atypically of Gold Fields Commissioners, was at odds with his community. It also examines the reported cases in the Supreme Courts concerning gold fields adjudication. The work thus presents, for the first time, an account of these adjudicative systems. Full Product DetailsAuthor: John P Hamilton (Macquire University, Australia)Publisher: Federation Press Imprint: Federation Press Weight: 0.494kg ISBN: 9781760020309ISBN 10: 1760020303 Pages: 272 Publication Date: 03 December 2015 Audience: College/higher education , Professional and scholarly , Tertiary & Higher Education , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of Contents1. Introduction and Plan 2. History and Social Background 3. Origins of the System 4. Legislative History in New South Wales and Victoria 5. The Establishment of Gold Commissioners as Adjudicators 6. The Establishment of Local Courts and Wardens in Victoria in 1855 and Their Operation until 1858 7. Continued Operation of Commissioners in New South Wales from 1853 to 1866 8. The 1866 Legislation and the New South Wales Royal Commission of 1870-71 9. Continued Operation of Adjudicators in New South Wales from 1867 to 1873 10. The Establishment of the Victorian Courts of Mines and Wardens' Courts in 1858, Their Operation from 1858 to 1875 and Comparison with the New South Wales System 11. TA Browne and Gulgong 12. Browne v Browne 13. Wardens' Courts in New South Wales from 1874 14. Jurisprudence in Superior Courts Concerning Adjudication System 15. History of Wardens' Courts After 1875 16. ConclusionReviewsI, 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 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 Author InformationJohn 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. Tab Content 6Author Website:Countries AvailableAll regions |
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