Low Value Civil Claims in Early 19th Century Australia

Abstract

Many modern civil claims are for relatively small sums of money. The same was true in early nineteenth century Australia. The position there was complicated by the way in which the court system was evolving at the time. With the demise of the Court of Civil Jurisdiction in 1814 the jurisdiction over small claims began diversify. The Court of Requests which opened for business in New South Wales in 1824 was modelled on an English equivalent. It proved to be extremely popular. For a brief period before it was abolished in 1847, the court sat in what is now Brisbane. A record of the court survives in the Queensland State Archives and provides a useful insight into the nature of small claims litigation at the time. As a result it is possible to analyze the number, type and amount of claims. Following the abolition of the Court of Requests small claims came to be dealt with by Magistrates. After separation a system of District Courts was created.