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This AIB provides a brief overview of the major sources held by State Records that relate to the Court of Claims.

Other records relating to the Court of Claims may be identified in Archives Investigator and the guide to the Colonial Secretary Correspondence online.

By 1831 many people had been promised grants of land, but were not in possession of the titles to the land because title was not issued until the grant had been surveyed. In other cases the land was in the possession of others claiming to have lawful right through the original promisees. As a result it became impossible to produce legal titles recognised by the Supreme Court.

1833 Act
In order to remedy this situation the passing of Act — IV Will No 9, 1833 — provided for the appointment of three Commissioners for two years and, presiding in the Court of Claims. They were empowered to hear the claims of all persons holding or claiming to hold lands where grants had been promised and claiming to have grants delivered to them.

Applications to the Court of Claims
The Court of Claims commenced hearings on the 11 April 1834. Persons with claims on land applied to the Commissioners in the form of a memorial, setting out a description of the lands in question, and the circumstances relating to the claim. The memorial was accompanied by a list of the names and addresses of all witnesses to the claim, and any other supporting evidence. If the Commissioners ruled that a claim appeared justified, three advertisements were placed in the Government Gazette over a period of two months to notify that a claim had been filed, and to provide a description of the land in question so as to allow any persons opposing the claim to present their case. Under the provisions of the Act, the Commissioners were required to record details of land claimed, memorials received, claims received in opposition, and the courts decision. The Court submitted reports on cases to the Governor through the Colonial Secretary.

In 1835 the Act — IV Will No.21, 1835 — only allowed the Commissioners to examine and report upon claims that had been referred to them by the Governor through the Colonial Secretary. Under this Act the Governor reserved the right no to follow the Court's recommendation.

Process continued under 1835 Act
In 1858 the Titles to Land Act — 22 Vic No 1, 1858 — provided for clear and accurate descriptions of crown land grants. Under this Act the Commissioners had the authority to investigate the claims of persons affected by the proposed new descriptions. As with the previous Act, the Governor was not legally bound to implement the Court's recommendation.

Later legislation
In 1858 the Titles to Land Act - 22 Vic No 1, 1858 - provided for clear and accurate descriptions of crown land grants. Under this Act the Commissioners had the authority to investigate the claims of persons affected by the proposed new descriptions. As with the previous Act, the Governor was not legally bound to implement the Court's recommendation.
Although the Conveyancing and Law of Property Act — Act No 17, 1898 — repealed the 1835 Act, the provisions for dealing with disputed claims to grants of land as set out under the 1835, were re-enacted. The Conveyancing Act — Act No 6, 1919 — (as amended in 1923) repealed various sections of the 1898 Act, although not those sections referring to settling disputed claims of land. As the law stands the Court of Claims can still be convened.

Colonial Secretary

Court of Claims

Lands Department

Surveyor General

Researchers should consult the Register of Access Directions, to confirm the public availability of records. State Records' staff can advise you on the availability of records if they are not listed on the register.

© State of New South Wales through the State Records Authority, 2003.
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