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Family Court Jurisdiction of the High Court

The Family Division of the High Court has jurisdiction in:

  • matrimonial causes and all other matters instituted or continued under this Act
  • any other matter in respect of which jurisdiction is conferred on it by a written law

Subject to such restrictions and conditions (if any) as are contained in the regulations, the jurisdiction of the Family Division of the High Court may be exercised in relation to persons or things outside the Fiji Islands

The Family Division of the High Court has exclusive jurisdiction in relation to applications for orders for nullity of marriage and to applications under section 200 in relation to the Convention on the Civil Aspects of International Child Abduction (1980)

Subject to this Act judges of the Division have all such powers as are bylaw or custom granted to the High Court including hearing of appeals from the Family Division of the Magistrates' Court.

Exercise of jurisdiction

The original and appellate jurisdiction of the Family Division of the High Court is exercisable by one or more judges as the Chief Justice may direct or as prescribed by rules of court.

Sittings of judges of the Division are to be held from time to time as required at such places in the Fiji Islands as the judge of the Family Division directs.

Appeals from the Family Division

An appeal from the Family Division of the Magistrates' Court lies as of right to the Family Division of the High Court.

Appeals from judges of the Family Division exercising original jurisdiction lie as of right to the Court of Appeal.

Appeals from judges of the Family Division sitting on appeal from orders of the magistrates' court lie to the Court of Appeal with leave of the Court of Appeal.

This section is in addition to Part IX.

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Media Release

Keynote Address by Chief Justice Anthony Gates
at the Opening of the Fiji Law Society's Convention
"Fundamentals of Private Practice" 25th September 2015,
Novotel, Suva

Click here to view/download the speech.