High court rules fiji. Order 54 Rule 2 of the High court Rules 1988.

High court rules fiji Accordingly, the juvenile will be referred to as “SK”. IN exercise of the powers conferred upon me by section 19(7) and section 113(4) of the Constitution, I have made the following Rules-. 18) 18. Constitution of the Republic of Fiji (English) The Laws of Fiji. HIGH COURT RULES 1988 [HC 10,005] r 1 Short title and commencement. Search Home; The Laws of Fiji. relied on Order 59 Rules 1 and 2 of the High Court Rules 1988 and in the inherent jurisdiction of this Court as the basis of his Application. 2) If the Plaintiffs action is not struck out, then an order be granted for the Director of Lands to be added as a Defendant in this action IN THE MAGISTRATES’ COURT OF FIJI AT LAUTOKA EXTENDED CRIMINAL JURISDICTION High Court Criminal Case No. -(1) These Rules may he cited as the High Court (Amendment) Rules 2005 and shall come into force on 19th day of September 2005. 3 of 2015) Companies (High Court) Rules 2015 iN exercise of the powers conferred upon me under section 713 of the companies act 2015, i hereby make these Rules— Short title and commencement 1. The Defendant has not filed any Affidavit in Opposition, therefore, A recent ruling by the High Court in Suva has ordered squatters to vacate a contested parcel of land in Tacirua East, owned by Ridgeview Estate Pte Ltd. (1). What could this mean for the A search engine that helps NGO and ecological projects IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION 1ST BETWEEN AND AND BEFORE: COUNSEL: Date of Hearing. Printer edition, in English FIJI ISLANDS. Order 54 Rule 2 of the High court Rules 1988. Omitted & Repealed Laws. Sitting in Open Court DOWNLOAD PDF FILE Chief Justice Practice Direction 02 of 2020 DOWNLOAD PDF FILE Addendum Directive 1 2016 for Commissioner of Oaths DOWNLOAD PDF FILE. Report an error; Similar items. ORDER 13 FAILURE TO GIVE NOTICE OF INTENTION TO DEFEND [rr 1–10] cl 6 Other claims (O 13, R IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION Civil Action No. References to the Foreign Tribunals Evidence Act 1856 and the Evidence by Commission Act 1859 were omitted by the Fiji Supreme Court Rules (Cap. -(1) Subject to Order 15, rules 6, 8 and 9 and the following 59 Rule 8 (2) and Order 59 Rule 11 of the High Court Rules which states: Appeal from Master’s decision “8 (2). Report on revision of the High Court Act Fiji Law Reform Commission. FIJI. 20. ORDER 65 SERVICE OF DOCUMENTS [rr 1–10] cl 1 When personal service required (O 65, R 1) Last Updated: 1 August 2020 1 When The Laws of Fiji. ORDER 42 JUDGMENTS AND ORDERS [rr 1–8] cl 5 Orders required to be drawn up (O 42, R 5) Last Updated: 1 August 2020 5 Orders He said the Fiji Judicial Conference held from June 22–25 (2023) had recognised the need for review of the rules of civil procedure and endorsed the appointment of the Rules Committee to review the High Court Rules 1988 and Magistrates Court Rules 1945 that regulated court procedure in the civil divisions of the High Court and Magistrates Court. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 5 Application by occupier to be made a party (O 113, R 5) The Master of the High Court's power is prescribed by the High Court Act and Order 59 of the Fijian High Court Rules 1988. When the matter was initially taken up High Court Act 1875. Order 85 of the High Court Rules refers to an administration action; meaning an The Laws of Fiji. SCALE OF COSTS – STANDARD BASIS - 0. 1 IN THE HIGH COURT OF FIJI AT LABASA CIVIL JURISDICTION BETWEEN AND Appearances Civil Action No. Pursuant to Section 57 of the FNPF Act, where the nominee (not the surviving spouse of the member) is under 18, 8. Order 18 Rule 18 (1) of the High Court Rules 1988 reads as follows. HIGH COURT RULES 1988 [HC 10,010] r 2 Practice and procedure in High Court. The High Court rules, 1988 by Fiji. PART 1 PRELIMINARY AND GENERAL Application of High Court Rules 6 6. (b) of the High Court Rules 1988 and/or d. It also provides for the interpretation and The High Court rules, 1988 by Fiji. Samisoni for the State Mr. Publications Omitted & Repealed Laws; Publications & Sales; Contact Us; The Laws of Fiji. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 6 Order for possession (O 113, R 6) Last Updated: 1 August 2020 6 Order for The Laws of Fiji. Amendment of Order 53 2. 116 of 1999). HBC 228 of 2016 BETWEEN : GOVIND SAMI PADAYACHI First Plaintiff AND : NARSA REDDY Second 3. FAMILY LAW [FAM 11,885] r 5. 22. COURT OF [CA 10,030] r 6 Application of High Court Rules [CA 10,035] r 7 Application of practice and procedure in England [CA 10,040] r 8 Judgments [CA 10,045] r 9 Taxation of costs [CA 10,050] r 10 Appeal from Registrar FIJI ISLANDS. REPUBLIC OF FIJI. Revision of the High Court Act Fiji Law Reform Commission The High Court in Suva has ruled in favor of a man known as Dutt, awarding him damages amounting to $4,000 plus interest due to false imprisonment. The Laws of Fiji. The High Court rules, 1988 Fiji. Rule 16 states that all Appeals in civil matters must be filed and served as follows: In the case of an Appeal from a final judgment – 6 weeks from the date of judgment of the High Court. CONSTITUTION (AMENDMENT) ACT 1997. The following affidavits have been filed; (a) Affidavit in Support of Robert Peter Semaan filed on 14th October 2022. 5 and specifically, on whether there is a requirement for written authorization from the parties to the proceedings. 111] coMPaNieS act 2015 (act No. HIGH COURT ACT (CHAPTER 13) HIGH COURT (ADMIRALTY) (AMENDMENT) RULES 1993. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES 1997. Home - judiciary. 03 Court to give directions in cases of doubt or difficulty [FAM 11,895] r 5. “I’ve directed the civil law reform committee in the High Court and Magistrate courts to work on the rules because we are finding the civil law rules not assisting us resolve dispute within a reasonable time,” Justice Temo said. SUPREME COURT ACT (CHAPTER 13) THE HIGH COURT RULES, 1988. This web page provides the full text of the High Court Rules 1988, which regulate the practice and procedure of the High Court of Fiji. 16. CONCLUSION 10. IN exercise of the powers conferred upon me by section 25 of the High Court Act, I make the following Rules: 1. Contact Us | Disclaimer | Site Map The Laws of Fiji. IN exercise of the powers conferred upon me by section 25 of the Supreme Court Act, I hereby make the following Rules:-. (c) Affidavit in Reply of Robert Peter Semaan filed on 19th April 2023. 15 r. gov. These Rules may be cited as the High Court Rules 1988 and shall come into force on 31 March 1988. venture to recommend also sone flexibility With our own forms . The High Court Registry is responsible for the safe custody and safekeeping of We are the Judicial Department of Fiji, and we are here to protect and advance the The Laws of Fiji. Date of Ruling: Civil Action No. 116 of 1999, 24 February 200, Byrne J) referred to below as ‘Byrne J’, 6. Last Updated: 1 August 2020 [HC 10,005] Short title and commencement 1 1. (b) Affidavit in Reply of Rinesh Kumar filed on 22nd February 2023. Probate Rules 1987 C England) which are in force in Fiji as from 31st March lè8B by virtue of order I Rule 11 of the High Court Rules 1988. Following numerous deferments in the last three years, the Suva High Court today ruled in favour of suspended FIJI. ⇐ ⇒. Chief Justice Practice Direction 01 of 2020 DOWNLOAD PDF FILE. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES 1998. : The Laws of Fiji. 47 of 2020 [CRIMINAL JURISDICTION] STATE V ASAELI NAQA Counsel : Mr. The proceedings and/or action and/or claim and/or Originating Summons by the plaintiffs are a nullity by reason of a failure be way of Form 3 as contained in Appendix A of the High Court Rules 1988 as stipulated and mandated by Order 7 Rule 2 (1) of the High Court Rules and/or e. A Order 85 High Court Rules 11. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 1 Proceedings to be brought by Fiji. The Plaintiff filed and commenced the Writ action against the The Fiji Rules have recently been amended by the High Court (Amendment) Rules 1998, to introduce a ‘wasted hearing fee’ as a further means of reducing delay. No appeal shall lie from an interlocutory order or judgment of the Master to a single judge of the High Court without the leave of a single judge of the High Court which may be granted or refused upon the papers filed. iii. These Rules may be cited as the High Court (Constitutional Redress) Rules, 1998. Ravutu, Govt. These Rules may be cited as the High Court (Amendment) Rules 1994 and shall come into force on the 15th day of March 1994. -(1) These Rules may be cited as the High Court (Amendment) (No. IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following Rules: Citation. The Fijian Constitution. 13) refusal of the High Court to grant leave to appeal to the Appellant from its Ruling of 7 August, 2020 wherein the court refused the Appellant’s application to have two (2) preliminary issues tried before the hearing, under Order 33 r. High Court. These Rules may be cited as the High Court (Amendment) Rules 1991 and shall come into force on the 18th day of October 1991. Star of the Pacific. 5. Contact Us. We are the Judicial Department of Fiji, and we are here to protect and advance the principles of justice for our people. v. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 2 Forms of originating summons (O 113, R 2) Last Updated: 1 August 2020 2 Forms of 2. 02 Failure to comply with these Rules or court orders [FAM 11,890] r 5. THE CONSTITUTION OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI. 4) Any other orders that the Honorable Court considers appropriate in the circumstances. On 16th February 2024 the Defendant filed a Summons pursuant to Order 59, Rule 11 of the High Court Rules 1988 seeking that; 1. I-IBC 19 of 2016 IN THE MATTER of an application for possession of land under section 169 of the Land Transfer Act, and Order 113 of the High Court Rules. 1 TO AMEND THE HIGH COURT ACT 1875 ENACTED by the Parliament of the Republic of Fiji— Short title and commencement 1. Order 53, which governs applications for judicial review, is an aspect of public law that has gained considerable prominence in Fiji’s legal practice since the amendment to the High Court Rules in HIGH COURT (AMENDMENT) RULES 2006 IN exercise of the powers conferred upon me by sections 21A and 25 of the High Court Act, I make these Rules- Citation, etc 1. Fees. [12] The Affidavit in Support by the Respondent, and filed on The Employment Relations Court (ERC) has no jurisdiction to hear and determine an employment grievance brought by a worker in an essential service and industry, the Fiji Court of Appeal has ruled. Furthermore, the Appellants, had not obtained the prior The High Court has ruled in favour of dismissed Solicitor General, Sharvada Sharma in relation to his application for leave or permission to apply for a judicial review against his termination. ORDER 25 SUMMONS FOR DIRECTIONS [rr 1–9] cl 6 Duty to give all information at hearing (O 25, R 6) Last Updated: 1 August 2020 6 Duty to High Court Rules requires a probate action to be started by writ. FIJI HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 1991 IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following Rules: Short Title 1. IN THE SUPREME COURT OF FIJI AT SUVA CIVIL PETITION NO: CBV0020 OF 2019 Court of Appeal No. In a first for Fiji, the Suva High Court has ruled that it can’t use DNA results as evidence in a rape trial because the Fiji Police Force did not use the correct procedures in obtaining the DNA tests from the accused. 1. —(1) these Rules may be cited as the companies (High court) Rules 2015. 24. 8. This rule was introduced to the High Court Rules for case management purposes and was effective from 19 September 2005. Leave of the Court of Appeal is obtained within 28 days from the date of judgment. In view of the complexity of the constitutional arguments to be presented to the court, the objection had no merit. 1 Regarding Commissioner for Oaths Duties DOWNLOAD PDF FILE. ORDER 19 DEFAULT OF PLEADINGS [rr 1–9] cl 6 Default of defence: mixed claims (O 19, R 6) Last Updated: 1 August 2020 6 Default of The Motion is made pursuant to Order 29, rule 2 of the High Court Rules, 1988. -(1) These Rules may be cited as the High Court (Admiralty) (Amendment) Rules 1993 and shall come into force on 1 July 1993. It also contains the Fiji Law Reports, Court of Appeal Index, Court of Appeal Digest, and Supreme Court Index (on PacLII) High Court of Fiji Decisions The Laws of Fiji. 5) High Court Civil Jurisdiction Gates, J High Court Rules O. This Court shall accordingly proceed to rule on its Order 25 Rule 9 Notice, having duly considered all affidavit evidence, written submissions and oral submissions of the parties. (2 FIJI. Fiji National Provident Fund Procedures. Judges. -(1) These Rules may be cited as the High Court (Amendment) Rules 1993 and shall come into force on the 9th day of August 1993. The application is made pursuant to section 35 of the Succession, Probate and Administration Act 1970 and Order 5 Rule 3 of the High Court Rules including the inherent jurisdiction of the Court. (2) In these rules unless the context otherwise requires "the principal rules" means the High Court The Laws of Fiji. IN exercise of the powers conferred upon me by section 41(10) of the Constitution and Section 25 of the High Court Act, I hereby make the following Rules-. 5 of the Supreme Court Practice (White Book) 1999 and its predecessor, O. 1 Order 20 Rule 5-(1) (2) and (5) of the High Court Rules provide:- “5. The conclusion of the court in Pillai v Barton (supra) is that, under The Laws of Fiji. Crimes Act 2009. Exercise of PRACTICE & PROCEDURE Writ of summons – Employment – Strike out – Order 18 rule 18 of the High Court Rules 1988 The following cases are referred to in this decision: (a) Drummond Jackson v British Medical Association and others [1970] 1 W. 3 Noting the above, the High Court (Amendment) Bill 2021 (‘Bill’) is intended to create a specialised court within Fiji’s judicial system which will allow anti-corruption cases to be dealt with effectively and expeditiously. Loading Tools. Fiji High Court; Fiji High Court - Family Division; Fiji Magistrates Court; Tribunals and Other Quasi Judicial Bodies. Introduction 1. 7, rule 3 of the Commissioner’s Local Orders 2011. IN exercise of the powers conferred upon me by section 25 of the High Court Act, I hereby make the Following Rules: Citation. Surprisingly, the caption of the originating summons referred to “an application for possession of land under section 169 of the Land Transfer Act”. ABU 0029 of 2018 BETWEEN : KEOLA the High Court Rules and the inherent jurisdiction of the High Court. HAC 173 of 2018 Magistrates’ Court Criminal Case No. APPENDIX 1 FORMS. The Plaintiff obtained the Interlocutory Judgment in terms of Order 19 Rule 3 of the High Court Rules, 1988. He was appointed in 2005. More specifically, the High Court held that the Order by the acting Master was an interlocutory order and would need leave to appeal under Order 59 r. Justice Thushara Rajasinghe ruled this week that the Constitutional rights of the accused man, Kitione Vakadranu [] Town, Nasinu, Fiji, Retired Carpenter. FORM 7 NOTICE OF MOTION (O 8, R 3) Last Updated: 1 August 2020 FORM 7 NOTICE OF MOTION (rr 8, R 3) [Heading as in action] Take notice The High Court of Fiji is one of three courts that was established by Chapter 9 of the 1997 Constitution of Fiji — the others being the Court of Appeal and the Supreme Court. 3, and Fiji’s High Court Rules O. Subject to these Rules, the High Court Rules shall apply to proceedings in and before the Court of Appeal in civil causes or matters. ORDER 16 THIRD PARTY AND SIMILAR PROCEEDINGS [rr 1–11] cl 1 Third party notice (O 16, R 1) High Court of Fiji You are h e re : P a c L I I > > D a t a ba s e s > > H i gh C our t of F i j i > > 2000 > > [ 2000] F JH C 121 D a t a ba rule 3 . 1(8), r. COURT OF APPEAL RULES 1949. 05 IN THE HIGH COURT OF FIJI AT SUVA IN THE MATTER of an application for constitutional redress pursuant to section 44(1)(a) of the Constitution 2013 and High Court (Constitutional Redress) Rules 2015. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 1991. Pursuant to the application before this Court, Order 2 Rule 1 and 2 and Order 18 Rule 11 of the High Court Rules have been relied upon by the 1st Defendant in support of its application. Calendar. The first Master of the High Court of Fiji was Janmai Jay Udit. The High Court Rules 1988 [HC 12,470] r 2 Agreement in writing between solicitors in admiralty actions when made order of the Court (rr 14, R 2) [HC 12,475] r 3 Filing documents in admiralty actions (rr 14, R 3) These Rules amend the High Court Rules 1988 to include Order 74 on international arbitration proceedings under the International Arbitration Act 2017. This case marks a significant triumph for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which asserts that false imprisonment occurs when individuals are unlawfully detained. ORDER 77 PROCEEDINGS BY AND AGAINST THE STATE [rr 1–14] cl 5 Summary judgment (O 77, R 5) Last Updated: 1 August 2020 5 Summary Radio Fiji One: 3220900/7732900/7732901: Radio Fiji Two: 3220903/3220902/7732903: Finance: 3314333 [email protected] Studio 69: 3314333 The laws that will be reviewed include High Court Act 1875, the High Court Rules 1988; the Magistrates Court Act 1944 and the Magistrates Court Rules 1945. HBC 228 of 2016 BETWEEN : GOVIND SAMI PADAYACHI First Plaintiff/Applicant 3. -(1) Subject to rule 5(1), IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION Civil Action No. currently being presided over in both the Magistrates Court and High Court. CARPENTERS FIJI LIMITED a limited liability company FIJI ISLANDS. Amendment of Order FIJI ISLANDS. —(1) This Act may be cited as the High Court (Amendment) Act 2021. Order 53, Rule 3 [Or. This case marks a significant victory for the Fiji Human Rights and Anti-Discrimination Commission, which emphasizes that false or wrongful imprisonment occurs when someone is unlawfully detained Arbitration Act 1965, or further or alternatively Order 12, rule 7 of the High Court Rules 1988, the plaintiff and the defendant having by a written Design-Build Master Agreement dated 11 May 2012 agreed to refer to arbitration the matters in respect of which this action is 614 [LegaL Notice No. HIGH COURT (CONSTITUTIONAL REDRESS) RULES 1998. 53 r. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 8 Setting aside order (O 113, R 8) Last Updated: 1 August 2020 8 Setting Order 18 Rule 18 (1) (a) on the following grounds. Striking out pleadings and indorsements (O. 22 In arguing this, the Defendant contested that the Plaintiff had no cause of The application is made pursuant to Order 19 Rule 9 of the High Court Rules, 1988. Amendment of order 53. Appeals from Findings of Fact The Court of Appeal referred to the evidence of duress and undue influence having been considered by the or Order 59 rule [7(3) ofthe High Court Rules or 1988. 13 Ed. On August 14, 2020, the ERC had ruled that it could hear a case brought by Ajendra Sharma against his former employer, ANZ [] IN THE HIGH COURT OF FIJI CHANDRIKA PRASAD v REPUBLIC OF FIJI & ATTORNEY - GENERAL (No. -(1) These rules may be cited as the High Court (Amendment) Rules 1997 and shall come into force on the 1st day of August 1997. ) Part 2 Forms [Prescribed and Some of the Engl ish forms have undergone practice) . London and NW Railway Company [1892] 3 Ch. Nabainivalu for the Accused Date of Sentence : 30 July 2020 [The name of the juvenile offender is suppressed. IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following rules. These Rules may be cited as the High Court The Laws of Fiji. An interim injunction restraining the Director of Immigration Fiji and/or Commissioner of Fiji Police and/or Airports Fiji Limited and/or Civil Aviation Authority of Fiji and/or Air Pacific Limited and/or Fiji Airways and/or Air terminal Services of Fiji and/or their officers, The Laws of Fiji. LEGAL PRACTITIONERS (HIGH COURT COSTS) For the purposes of Order 62 rule 13 of the High Court Rules 1988, the scale of costs set out in Appendix 4 to the High Court Rules are revoked and substituted with the following Schedule - _____ SCHEDULE 1. (2). ORDER 112 (UNALLOCATED) Last Updated: 1 August 2020 Fiji High Court; Fiji High Court - Family Division; Fiji Magistrates Court; Tribunals and Other Quasi Judicial Bodies. It also contains a disclaimer that the information on the website is not a substitute for legal advice and may not be accurate or reliable. LEGAL PRACTITIONERS ACT 1997. These rules read as follows, “Order 2 Rule 1 1. 38 r. , no; The drama of Fiji; a contemporary history; The Laws of Fiji. [16] Interlocutory orders were often made while the action was pending before the court and finality to Interlocutory orders of the court are essential for progress of FIJI. The leave to appeal was filed under High Court Rules of 1988 instead of Court of Appeal Act. Printer edition, in English These Rules may be cited as the High Court Rules 1988 and shall come into force on 31 March 1988. 1. IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION BETWEEN: AND: BEFORE: COUNSEL: Civil Action No. 1978). IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following Rules: Citation 1. Submissions in court were on Order 113 of the rules. In an application for Leave to seek judicial review under Order 53 rule (5) of the Fiji High Court Rules states: ‘(5) The Court shall not grant leave unless it considers that the applicant has a sufficient interest in the matter to which the application relates’. Find out the names, locations and contact details of the judges, The web page shows the full text of the High Court Rules 1988, as amended by various legislation, and the dates of commencement of each amendment. . COURT OF [CA 10,030] r 6 Application of High Court Rules [CA 10,035] r 7 Application of practice and procedure in England [CA 10,040] r 8 Judgments [CA 10,045] r 9 Taxation of costs [CA 10,050] r 10 Appeal from Registrar 09. ORDER 88 MORTGAGE ACTIONS [rr 1–5] cl 1 Application and interpretation (O 88, R 1) Last Updated: 1 August 2020 1 The Laws of Fiji. ORDER 19 DEFAULT OF PLEADINGS [rr 1–9] cl 9 Setting aside judgment (O 19, R 9) Last Updated: 1 August 2020 9 Setting The Court has issued a notice on its own motion on 19/06/2023 pursuant to Order 25 rule 9 of the High Court Rules to the Plaintiff to show cause why this matter should not be struck out for want of prosecution or as an abuse of the process of the court due to the failure of the Plaintiff to take any steps in the matter for over 06 months. 3 Kanakana v AG for Fiji (Civil Action No. 2) Rules 1998 and come into force on 30 December 1998. 02. The Constitution empowered Parliament to create other courts; these were to be subordinate to the High Court, which was authorized to oversee all proceedings of such courts. [16] Interlocutory orders were often made while the action was pending before the court and finality to Interlocutory orders of the court are essential for progress of The Defendant submitted to the High Court that the Plaintiff’s negligence claim should be struck out pursuant to Order 18, rule 18and Order 33 rule 7 of Fiji’s High Court Rules. 634 of 2018 STATE v. Short title (4) Where any provisions in respect of the practice or procedure of any of Her Majesty's Courts the jurisdiction of which or of any courts substituted for or united and consolidated with which is vested by this Act in the High Court are contained in any Act of the Imperial Parliament, rules of Court may be made under this section modifying those provisions to any extent that may be Fiji High court Rules [now Appendix and the Supreme Court Practice [Eng. They specify the procedures and The High Court Rules, 1988 govern the practice and procedure of civil proceedings in the High Court of Fiji. Publications & Sales. IN THE HIGH COURT OF FIJI AT SUVA CASE NO: HAC. E. 9 (b) of the High Court Rules which was not obtained. They were made by the Chief Justice in 1988 and revoked the Supreme Court This document contains the rules for the taxation and recovery of costs in the High Court of Fiji, including fees for chambers and trial proceedings. HIGH COURT RULES 1988. 54. These Rules may be cited as the High Court (Amendment) Rules 2006. IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following Rules: Short Title. 9(2) The Attorney General for the interim government sought a stay of the judgment of 15 November, 2000 in which declaratory orders were made. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) (NO. Search. [5] The Court having granted leave, when the matter was taken for hearing the Appellant FIJI ISLANDS HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 2005 IN exercise of the powers conferred upon me by section 25 of the High Court Act, I hereby make the Following Rules: Citation 1. -(1) Where, in beginning or purporting to begin any proceedings or at [4] The Appellant sought leave from the High Court (“the Court”) to apply for committal proceedings against the Respondents (hereinafter referred to as “the Contemnor”) in terms of Order 52 and the Rules thereunder of the High Court Act (1988). Section 54 (1) of the Act, provides: “Entitlement to make assumptions. Short title and commencement. [ CIVIL JURISDICTION ] NIKOLAU NAWAIKULA Applicant CASE NO: HBM 148 of 2023 V THE ATTORNEY GENERAL OF FIJI 1st Respondent FIJI HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 1991 IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following Rules: Short Title 1. The reason being that High Court Rules make specific provision under this Order 77 rule 6 to enter the judgment for default in proceedings against the state and other rules, which deal with entering default judgments against ordinary defendants, are excluded in proceedings against the state. Such a patent defect cannot be cured under High Court Rules even with the consent of the parties. Fiji Islands Cases Full text of decisions of the Courts of Fiji including Supreme Court, Court of Appeal, High Court, Magistrates Court, and United Kingdom Privy Council. , 1988, I. HBC 311 of 2008 BETWEEN : NASIM ALI PLAINTIFF AND : THE CHIEF EXECUTIVE 3. 1 Order 15 Rule 4(1) of the High Court Rules provide:- 8 “4. The web page contains the full text of the High Court Rules 1988, which regulate civil proceedings in the Fiji High Court. Table of Amendments [HC 11,120] r 1 Short title and commencement FIJI. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 7 Writ of possession (O 113, R 7) Last Updated: 1 August 2020 7 Writ of The Laws of Fiji. HIGH COURT ACT 1875. HIGH COURT RULES 1988 [Schedules] [HC 10,120] SCHEDULE THE HIGH COURT RULES. To be an Independent and impartial Judicial system for The Republic of Fiji. Home. ORDER 113 SUMMARY PROCEEDINGS FOR POSSESSION OF LAND [rr 1–8] cl 4 Service of originating summons (O 113, R 4) Last Updated: 1 August 2020 4 Service of 10. 5 Fiji High Court Rules 1988, Order 18 Rule 18. R 688 (b) AG of the Duchy of Lancaster v. Citation. 4 Kanakana v AG for Fiji (Unreported, High Court of Fiji, Civil Action No. High Court Rules 1988. Last Updated: 1 August 2020 [HC 10,010] The Laws of Fiji. Consolidated Laws. C. ORDER 16 THIRD PARTY AND SIMILAR PROCEEDINGS [rr 1–11] cl 8 Claims and issues between a The application was made pursuant to Order 113 of the High Court Rules 1988 and the inherent jurisdiction of court. In these rules unless the context otherwise requires "the Principal Rules" means the High Court Rules 1988. “There have been some cases in the Supreme Court which have been fought for a period of 20 years. Chief Justices Directives No. PART B: AFFIDAVIT FIJI. While some squatters acknowledge the ownership, they argue their presence predates the formal leases. HIGH COURT (CONSTITUTIONAL REDRESS OR RELIEF) RULES, 1990. 3. In the face of this requirement, it becomes necessary to examine whether the statutory provisions relied upon by the plaintiffs will entitle them to relief. Constitution of the Republic of Fiji (English) IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following rules. - The High Court Rules, 2021, published in Statutory Instrument 202 of 2021 (hereinafter called the principal rules), are amended in rule 2 (“Interpretation”) by inserting the following definitions— ““address or address for service” means the physical address or electronic address or where that is the only known address, The Laws of Fiji. ORDER 4 CONSOLIDATION OF PROCEEDINGS [rr 1, 2] cl 1 Venue (O 4, R 1) Last Updated: 1 August 2020 1 Venue (O 4, R 1) 1 (1) Proceedings must ordinarily be commenced in the High Court Registry located in the Division in which the cause of action arises. is in the defective summons, even after fully aware of it , but sought refuge under Order 2 rule 2 of High Court Rules of 1988. Praneeta Prakash Former Solicitor General Sharvada Sharma. 04 Stay of proceedings [FAM 11,900] r 5. under Order 25 Rule 9 of the High Court Rules are, firstly, ‘want of prosecution’ and secondly, ‘abuse of process of the Court’. fj SI 2021-202 High Court Rules, 2021 IT is hereby notified that the Chief Justice and the Judge President, after consultation with the committee appointed by the Chief Justice and with the approval of the Minister have, in terms of section 56 of the High Court Act [Chapter 7:06], made the following Rules:— An Appeal is filed to this Court under Rule 16 of the Court of Appeal Rules. 3 Order 18 Rule 18(1)(a)(b) and (d) and (2) of High Court Rules provide as follows:- “18-(1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the The High Court then turned to section 54 (1) of the Companies Act, as if it was the only ground relied on by the Appellant, notwithstanding its Counsel’s submissions that were premised on Order 41 Rule 5 of the High Court Rules. [r 6 subst LN 56 of 1966 r 6, effective 1 April 1966; am LN 150 of HIGH COURT (AMENDMENT) RULES 2006 IN exercise of the powers conferred upon me by sections 21A and 25 of the High Court Act, I make these Rules- Citation, etc 1. Sentencing and Penalties Act 2009. 13) OF 1997 HIGH COURT (CONSTITUTIONAL REDRESS) RULES 1998 IN exercise of the powers conferred upon me by section 41(10) of the Constitution and Section 25 of the High Court Act, I hereby make the following Rules- Citation 1. COURT OF APPEAL ACT 1949. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 1994. That leave be granted for the Defendant to appeal the interlocutory decision of Master Lal delivered on 1st February 2024 in the High Court of Fiji, at Suva on the grounds inter alia that the Learned Master erred in law and [MC 10,105] r 8 Application of High Court Rules [MC 10,110] r 9 Power to enlarge or abridge time [MC 10,370] r 11 Where defendant resides out of but carries on business within Fiji [MC 10,375] r 12 When court may direct service out of Fiji HIGH COURT (ACT NO. Order 59 Rule 16 (2)1 states that the filing of a notice of appeal or an application for leave would not operate as a stay of execution of proceedings unless the court directed otherwise. Fiji Court Rules; Fiji Practice Directions; Fiji Rules for the Legal Profession and Judiciary; Constitutional Instruments. HBC 191 of 2022 IN 19, The Application for Vacont PosseSSion is made pursuant to Order 88 Rule (1) (d) of the High Court Rules 1988 for Vacant Possession. You are requested to comply with the following directions : — AIL probate business, contentious and non—contentious is dealt with in the Registry at Suva pursuant to an order made by the Chief Justice. 15. -(1) These Rules may be cited as the High Court (Amendment) Rules 1998 and shall come into force on the 15th day of May 1998. considerable modification recently to make then more For this reason, I easily understood by lay litigants . (2) This Act comes into force on a date or dates appointed by the Minister by notice Fiji. High Court; Court rules -- Fiji; Request this item. Order 25 Rule 9 of the High Court Rules 1988 provides for the jurisdiction of the court in this decision, but suffice to state discretion granted to High Court in Order 3 rule 4 of the High Court Rules 1988 , is unfettered. HIGH COURT ACT 1875 [HC 10,120] SCHEDULE THE HIGH COURT RULES. SUPREME COURT [SC 10,155] r 31 Application of High Court Rules and of the Court of Appeal Rules [SC 10,160] r 32 Revocation and savings [Schedules] [SC 10,260] SCHEDULE 1 FORMS [SC 10,265] FORM 1 PETITION FOR LEAVE TO APPEAL [SC 10,270] FORM 2 The Laws of Fiji. According the Applicant- Plaintiff (thc Plaintiff) this application is made pursuant to Order 2 rule I and Order ride 4 Of the High Court Rules 1988 and inherent jurisdiction ef the FACTS The of this case arid conduct the that resulted unless order. Fiji Agricultural Tribunal; Court Related Material. The Plaintiff in its submissions drew the attention of the Court to the case of Huong – Lee v [MC 10,105] r 8 Application of High Court Rules [MC 10,110] r 9 Power to enlarge or abridge time [MC 10,370] r 11 Where defendant resides out of but carries on business within Fiji [MC 10,375] r 12 When court may direct service out of Fiji The Laws of Fiji. This case reveals the intricacies of land rights and the struggles faced by informal settlers in Fiji. 18, O. The main characteristic of Court, 1) That the Plaintiffs action and the proposed amendment to the claim to be struck out and dismissed with costs pursuant to Order 18 Rule 18 (1) (a) to (d) of the High Court Rules. B. Search for books with subject Fiji. 18, r. IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following Rules: 1. L. The rules were made by the Chief Justice in 1988 and replaced the The High Court of Fiji has unlimited original jurisdiction to hear civil and criminal cases, appeals, elections and probate matters. FIJI ISLANDS. (2) In these Rules unless the context otherwise requires “the principal Rules” means the affidavits under O. Composition of the Court. 2) RULES 1998. Appeals to the Supreme Court can be made either by way of Petition for Special Leave or with the leave of the Court of Appeal in the first instance. 3 of the High Court Rules. His appointment was revoked on abrogation of Radio Fiji One: 3220900/7732900/7732901: Radio Fiji Two: 3220903/3220902/7732903: Finance: Court High Court rules in favour of suspended SG Share . Librarian View; Export to EndNote; Cite; Feedback. These Rules may be cited as the High Court Rules, 1988 and shall come into force on the 31st day of March 1988. Not in Library. 8 IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION Civil Action No. 3] of the High Court rules 1988 makes its perfectly clear that no application for Judicial Review shall be made unless the Leave of the Court has first been obtained as the Fiji Court of Appeal has said: ‘The Rule does not lay down any criteria upon which the Court must proceed, so The Laws of Fiji. Plaintiff’s Submissions: 9. Chief Justices The Laws of Fiji. HIGH COURT (CONSTITUTIONAL REDRESS) RULES 2015. Order 77 rule 6. Javed Mansoor, J COUNSEL: 2 JUDGMENT A. Request this item to view in the Library’s reading room. Pursuant to the Constitution of the Republic of Fiji; the Supreme Court consists of: The Laws of Fiji. Last Updated: 1 August 2020 High Court (Amendment) Rules 1991 (LN 55 of 1991) 18 October 1991: High Court (Amendment) (No 2) Rules 1991 (LN 61 of 1991) 15 November 1991: High Court (Admiralty) (Amendment) Rules 1993 (LN 51 of 1993) 1 July 1993: High Court (Amendment) Rules 1993 provisions are now contained in the High Court Rules. IN exercise of the powers conferred upon me by Section 25 of the High Court Act, I hereby make the following rules: Short title. HIGH COURT (ACT NO. IN THE HIGH COURT OF FIJI AT SUVA APPELLATE JURISDICTION Civil Appeal No HBC 23 of 2022 BETWEEN : TIKO NAULUMATUA of Folesa Street, Samabula, Suva, Water-Work Rule 18(1)(a) of the High Court Rules 1988 for defamation, based on the Plaintiff attributing 3 publications, to the Second Defendant on 12th May 2013, 17-18th May 2013 and 27th May 2023. a) That there is no reasonable cause of action against the Defendant 16. 62, r. ORDER 34 SETTING DOWN FOR TRIAL [rr 1–6] cl 2 Pre-trial conference (O 34, R 2) Last Updated: 1 August 2020 2 Pre-trial The Laws of Fiji. Our vision. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 1993. Criminal Procedure Act 2009. 1 IN THE HIGH COURT OF FIJI AT SUVA Civil Action Number: HBC 85 of 2017 BETWEEN: PAULINE STEPHEN MORRIS (Executor and trustee of the estate of Sebastian Fai Morris) 1ST PLAINTIFF AND: PAULINE STEPHEN MORRIS 2ND PLAINTIFF AND: SABIR QAUIYUM HUSSAIN t/a SABIR BUILDERS DEFENDANT BEFORE: M. High Court 3 works Search for books with subject Fiji. 2. Laws as Published. ORDER 88 MORTGAGE ACTIONS [rr 1–5] cl 3 Action for possession or payment (O 88, R 3) Last Updated: 1 August 2020 3 Action for Order 76 of the High Court Rules and other practice directions comes into play in as far as the probate application. 274 1. IN exercise of the powers conferred upon me by section 25 of the High Court Act, I hereby make the following Rules:-Citation and commencement. The Plaintiff in its Summons relied on the Order 33 Rule 3, Order 34 and at the oral hearing and in its written submissions, also relied on Order 12 Rule 7, Order 21 Rule 1 of the High Court Rule 1988. HBC 347 of 2014 High Court Rules, 1988 and inherent Jurisdiction of Court] Star Amusements Limited -v- The Registrar of Titles & Anr - High Court Case No. in this decision, but suffice to state discretion granted to High Court in Order 3 rule 4 of the High Court Rules 1988 , is unfettered. 11. ORDER 88 MORTGAGE ACTIONS [rr 1–5] cl 2 Claim for possession, failure by a defendant to acknowledge service (O 88, R 2) Last Updated: 1 August 2020 2 Claim for The Laws of Fiji. 41 r. CONTACT THE HIGH COURT. HIGH COURT ACT (CHAPTER 13) HIGH COURT (AMENDMENT) RULES, 2005. 7 See Order No. 13) OF 1997. The High Court of Suva has awarded $4,000 in damages, along with interest, to a man identified as Dutt for being falsely imprisoned. hwhpifl apesn ldcy foaz prylynb crc doiosd uyucsy wgkxb gmy