- Laws of Fiji

Last Updated: 1 December 2016

[FAM 184] Appeals from the Family Division of the Magistrates Court184

184

(1) An appeal under section 19 must be instituted within the time prescribed by the rules of the Division or within such further time as is allowed in accordance with the rules of the Division.

(2) The court hearing an appeal under this section may, on the application of a party or of its own motion, refer the appeal to the Court of Appeal.

(3) If an appeal is referred to the Court of Appeal under subsection (2), the Court of Appeal may—

(a)proceed at the discretion of the Court of Appeal by way of a hearing de novo or by way of rehearing, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received in the Family Division of the Magistrates Court;
(b)order that questions of fact arising in the proceedings be tried by a Judge;
(c)determine questions of law arising in the proceedings and remit the appeal to a Judge for hearing in accordance with directions given by it; and
(d)make such other orders as it considers appropriate, including an order affirming, reversing or varying the order that is the subject of the appeal.

(4) This section is in addition to section 19.