• Notice and grounds of appeal
• The time for appealing is calculated from the date on which the judgment or order of the court below was pronounced, that is to say:
• 21 days in case of an interlocutory order

• 6 weeks in respect of final decisions

Appeal To The High Court

Appeal from the Magistrates Court (Cap 14, Laws of Fiji)

• Notice of Appeal will be filed in Magistrates Court
• Magistrates Court Transfer the file it High Court Civil (with copy record)
• High Court makes the Appeal File by giving new appeal number. [use the blue jacket for Appeal]
• Files are dispatched to judge for assignment of date
• Counsels and parties are advised for the date of mention and collection of copy record
• Appeal from Magistrates Court can also be started with Notice of Motion with Supporting Affidavit.
• Appeal should be filed within 28 days from the day of Judgment

Appeal from Master (Order 59, High Court Rules)

Procedure

• Notice of Appeal & Grounds of Appeal
• Dates are given by Judge for mention

Appeal from Chief Registrar (Order 58, High Court Rules)

• Notice of Appeal & grounds of Appeal is filed in High Court Civil and
• File is given to single Judge assignment of date
• Counsels are advised of the date.

High Court-Criminal Division

How to appeal?

An appeal against the Magistrates’ Court decision may be lodged by:-

• Way of a Petition outlining the ground of appeal
• Petition and grounds of appeal should be lodged in it’s respective originating Magistrates’ Court
• The Petition to be lodged within 28 days which is the appeal period
• For any petition lodged out of the 28 days period, leave of the court is to be obtained
• The court records are then compiled by the secretary to the Magistrate before it is certified by the sentencing Magistrate 

 What types of cases are heard in the High Court criminal division?

• Criminal appeals from the Magistrates’ Court
• Bail application(s)pending trial/appeal
• Serious offence(s) like murder, manslaughter, treason
• Any electable offence in which accused person(s) elects a High Court trial
• Revision jurisdiction where the Judge reviews the decision of the presiding Magistrate in a matter 

• Writ of Summons
• Originating Summons
• Notice of Motion
• Winding Up Petition
• Judicial Review
• Miscellaneous Proceedings

Who prepares the document?

• You need to consult a lawyer.

 

What types of information does the High Court Civil Registry have?

• Probate
• Civil actions with claims above $20,000 (before the 2007 promulgation)
• Admiralty actions
• Fiji National Provident Fund(deceased member(s) who have invalid nominations)
• Miscellaneous proceedings
• Court of Review matters
• Copies of Adoption order(s)
• Copies of Decree Nisi/Absolute
•  
Who can access the above information?
• If you’re a party to the proceeding

How do I access the information?

• You’re to write a letter to the Chief Registrar seeking approval and the reason for needing the information
• If the approval is given, you’re to pay the prescribed search fee

 

High Court Probate
(Governed by Cap.60 of the Probate, Succession, and Administration Act and Order 76 of the High Court Rules, Tristram & Cootes 1998)

Types of Probate Applications:

• 7 types of applications i.e.  Probate, Letters of Administration, L/A Will, L/A De Bonis-Non, L/A De Bonis Non (Will), Reseal and Election
• Probate – application with Will
• Letters of Administration – without will
• L/A Will – where the Executor/Trustee has also died and one of the beneficiaries is applying
• L/A De Bonis Non – where the Administrator/Administratrix has also passed away before fully administering the estate of the deceased
• L/A De Bonis Non (Will) – same as above but application with will
• Reseal – probate has already been granted overseas but deceased has assets in Fiji. Original probate grant from overseas is resealed in Fiji
• Election – this application is filed by the Fiji Public Trustee Corporation where the amount is less than $2,000.00

Requirements:

• Advertisement of the estate to be mad in any of the local newspapers
• 21 days after advertisement, the papers to be lodged at the High Court Civil Registry
• Probate – only one (1) document filed i.e. Oath of Executor/Executrix. Death certificate, advertisement annexed with Will loosely attached
• Letters of Administration – 3 documents to be filed.
•  Oath of Administrator/Administratrix,
• Affidavit of Justification of Sureties
• Administration Bond.
• The following certificates-Death Certificate of Deceased, Marriage Certificate, Birth Certificates of issues, and newspaper cutting of Advertisement to be annexed in the Oath of Administrator.
• Two persons are sworn in as sureties in the Affidavit of Sureties.
• The Administration Bond is sworn in by the Administrator with the two sureties.
• Once documents are ready, they are to be filed in the Court Civil registry
• Fees determined from the nett value of the estate which is worked out from the Legal Notice 67/93.
• Process takes 2-3 weeks after lodgment.

 

FIJI NATIONAL PROVIDENT FUND

(Pursuant to S.35 (1) of the FNPF Act...”If, at the time of the death of any member of the Fund, there is no person nominated under the provisions of section 34, the amount standing to the member’s credit in the Fund shall be paid into Court for disposal in accordance with the law for the time being in force.”)

What do I do as a next-of-kin?

• Visit the office of the High Court Civil Section to enquire after receiving correspondence from the FNPF in respect of the deceased member’s fund
• The FNPF will pay the fund into the High Court
• Upon receiving of cheque from the FNPF office
• An official receipt is issued
• A first order is issued once signed by the Judge
• A payment voucher is raised and sent to the High Court Accounts Section
• The   Accounts section will await approval of funds from the Ministry of Finance(1 week)
• Upon approval of funds, the Accounts Section will post cheque(funds) to the Fiji Public Trustee Office(2-3 days)
• The Fiji Public Trustee Office will/can prepare an Affidavit
• The following certificates are to be provided the Death Certificate, Marriage Certificate, and Birth Certificate of child/children (if any)
• The Affidavit sworn by the next-of-kin  is filed in the High Court Civil Registry upon payment of the prescribed fee of $5.65(VIP)
•   A second order(distribution order) will be issued and signed by the Judge
• Upon receiving the  second order the office of Fiji Public Trustee Corporation will then issue a cheque to the next-of-kin and any beneficiaries as distributed by the court according to law.  

Leave to Appeal – Magistrates Court Criminal

• Time of appeal (28 days from the date of sentence)
• If time of appeal (28 days) is expired, application for leave to appeal out of time is file in the High Court.

Magistrates Court Civil Section

The Magistrates Court Civil section has the jurisdiction to hear Civil Suits restricted to the amount of F$50,000.00
The Magistrates Courts do not have the power to hear suits concerning malicious prosecution and defamation of character for civil cases. Every suit shall be commenced by a Write of Summons for Civil cases.

Magistrates Court Civil Appeals

By virtue of Order XXXVII rule 1 every appellant shall notify the respondent and the court within 7 days after the day on which a decision appealed against was given notice in writing of his intention to appeal. The appellant shall within one month from the date of the decision appealed from file the grounds of Appeal.