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Small Claims Tribunal Appeal to Magistrate's Court

Introduction:

  • Any decision of Small Claims Tribunal may be appealed to Magistrates Court incase of any parties been not satisfied with the order.
  • The appeal application can be lodged within 14 days from decision of the tribunal.
  • Once the application is received by Small Claims Tribunal, the records are prepared and forwarded to Magistrates Court for decision
  • Grounds to appeal to Magistrates Court
  • There are only two grounds under which an appeal can be filed under SCT Decree 33 (1)(a)(b)
    1. the proceeding were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings: or
    2. the Tribunal exceeded its jurisdiction.

Procedures

In Registry

  • The appeal cases are initiated in the register, case number is allocated and the file jackets are prepared.
  • A first call date within a month is given to effect the service on both the parties.
  • Notice of Adjournment is prepared and served.

In Court

  • If both parties are present in court then their case will be heard and asked to file their written submissions, after which decision is made by court.
  • In case of either parties not appearing and being served with Notice of Adjourned Hearing, the matter may proceed and decision be made either to dismiss, send for rehearing or quash the decision of Small Claims Tribunal.
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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.