- Laws of Fiji

Last Updated: 1 December 2016

[FAM 183] Case stated183

183

(1) If, in proceedings in the Family Division of the High Court, being proceedings in which an order or decision to which section 182(1) or (2) applies could be made, a question of law arises which the Judge and at least one of the parties wish to have determined by the Court of Appeal before the proceedings are further dealt with, the Judge must state the facts and question in the form of a special case for the opinion of the Court of Appeal, and the Court of Appeal must hear and determine the question.

(2) The Court of Appeal may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the Judge and may make any order which the Judge could have made.