AGY-1118 | Land Court (1889 - 1892) / Land Appeal Court (1892-1921)

Full description

"An Act to amend the 'Crown Lands Act of 1884', and to make provision in other respects for the management and its disposal of the Public Lands, and for other purposes". (53 Vic. No. 21 1889) replaced the Minister for Lands acting as in open court with an actual court. The new Land Court was a court of record consisting of three members (a President and two others) appointed by the Governor with the power to hear and determine: all appeals; all matters referred to it by the Minister; and all matters referred to it by the Local Land Boards (1)

In all cases the land Court's decision was to be conclusive on both parties and have the "force of judgment of the Supreme Court at common law". (2) In the cases of incomplete or new evidence the Land Court could remit matters to a Local Land Board with specific orders. (3) Questions of law in any case before the Land Court would be referred to two judges of the Supreme Court for direction. (4)

The Land Court held its first sitting at the Court-house, Darlinghurst, on 3 March 1890 when 57 cases, comprising appeals and references remaining undealt with from the previous Land Court were set down for hearing. In addition 22 cases were referred back to their respective Local Land Boards for rehearing. The new land Court also sat at various circuit towns to hear rural cases.

"An Act to amend the Law Relating to certain Judicial Offices and to Certain courts and the administration of Justice therein" (55 Vic. No. 26 1892) redesignated the Land Court as the Land Appeal Court. The two ordinary members of the Court were now classed as Commissioners of the Land Appeal Court. (5) Under the Crown Lands Act (58 Vic. No. 18 1895) decisions by Local Land Boards which may or would be "injurious" to Crown "rights, interest, or revenues" any dereliction of duty, or excessive measure could now be referred by the Minister to the Land Appeal Court. (6)

Under the Closer Settlement Act (No. 37 1904) the Closer Settlement Board consisted of the President and Commissioner of the Land Appeal Court plus the Chairman and members of the Local Land Board for the land district in which the land in question was situated. (7) The Closer Settlement Board sat in order to design a district sub-division and determine land values. In 1914 the Closer Settlement Board was abolished with its functions transferred to the Closer Settlement Advisory Boards. (8)

The Land and Valuation Court Act (No. 10 1921) abolished the Land Appeal Court on 10 December 1921 replacing it with the Land and Valuation Court. (9)

Endnotes
1. " An Act to amend the 'Crown Lands Act of 1884', and to make provision in other respects for the management and its disposal of the Public Lands, and for other purposes". (53 Vic. No. 21 1889) Section 8.
2. Ibid. Section 8 (III).
3. Ibid. Section 8 (IV).
4. Ibid. Section 8 (VI).
5. "An Act to amend the Law Relating to certain Judicial Offices and to Certain courts and the administration of Justice therein" (55 Vic. No. 26 1892) Section 2.
6. "An Act to further regulate the sale, letting, disposal, occupation, and management, of Crown Lands; for the protection of certain homesteads; to enable the Crown, by purchase, resumption, exchange, and surrender, to acquire alienated lands; to amend the law relating to conditional purchasers in certain respects; to provide for forfeitures and validations in certain cases; to prevent impounding and actions for trespass upon unfenced holdings; to amend the law as to Local Land Boards and the Land Appeal Court; and to effect amendments in such Statutes as may be necessary to give full force and effect to the aforesaid provisions; and for other purposes connected therewith" (58 Vic. No. 18 1895) Section 59.
7. Annual Report of the Department of Lands for the half year ended 30 June 1905 in the Votes and Proceedings of the Legislative Assembly 1905 Vol. 3 page 516.
8. Harvey, Brian Land for the People: A History of Land Settlement in New South Wales, Department of Lands, Sydney 1959 page 149.
9. Land and Valuation Court Act (No. 10 1921) Section 3.