[FAM 11,620] Interpretation1.03
- abuse
, in relation to a child, has the meaning given by section 42(1) of the Act;
- Act
means the Family Law Act 2003;
- applicant
means a person who makes an application;
- birth certificate
means the original, or a photocopy, of a certificate of birth, or a certified copy of the relevant entry in a Register of Births;
- cause of action
means a claim in any proceedings other than proceedings for principal relief and does not include an application for interim or procedural relief;
- certified copy
, in relation to a document, means a copy of the document certified to be a true copy by the person having custody, possession or control of the document, or by another person at the direction of the first mentioned person, and includes a copy of the document bearing the seal of a court (including a court other than a court exercising jurisdiction under this Act) and the original document;
- company
means—
- (a)a company incorporated under the Companies Act 2015;
- (b)a body corporate incorporated under the Co-operatives Act 1996, the Credit Unions Act 1954 or any other written law providing for incorporation upon registration; and
- (c)a similar body incorporated under a law of another country;
[def am LN 99 of 2016 reg 71, effective 1 December 2016]
- conciliation conference
means a conference held under Division 9.3;
- court
, according to context, has the meanings given by rule 1.04;
- court officer
has the meaning given by section 42 of the Act;
- divorce
means dissolution of marriage;
- ex-nuptial child
means a child whose parents never married each other;
- Family Division
means the Family Division of either the High Court or the Magistrates Court;
- filed
means filed in accordance with rule 3.04 and “file” and “filing” have corresponding meanings;
- filing registry
means, in relation to particular proceedings instituted in a court, the registry of that court in which the proceedings were instituted or, if the proceedings have been transferred to another registry of that court or to a registry of another court, then that registry;
- folio
means 100 words, in writing;
- intervener
means, in relation to proceedings, the Attorney-General or any other person when intervening under Part 8 of the Act;
- lawyer
means a legal practitioner within the meaning of the Legal Practitioners Act 2009;
[def am LN 99 of 2016 reg 71, effective 1 December 2016]
- marital status proceedings
means proceedings for—
- (a)an order of—
- (i)dissolution of marriage; or
- (ii)nullity of marriage; or
- (b)a declaration as to the validity of—
- (i)a marriage; or
- (ii)the dissolution or annulment of a marriage by order, or otherwise;
- marriage certificate
means the original, or a photocopy, of a certificate of marriage, or a certified copy of the relevant entry in a Register of Marriages;
- party
, in relation to proceedings, means an applicant, respondent or third party, or an intervener other than an intervener not deemed to be a party;
- pre-hearing conference
means a conference held under Division 9.4;
- prescribed child welfare authority
has the same meaning as in Part 6 of the Act;
- Register of Births
means an official public register of births kept under law in Fiji or in another country;
- Register of Marriages
means an official public register of marriages kept under law in Fiji or in another country;
- registrar
, according to context, has the meanings given by rule 1.04;
- registry
, in relation to a Family Division, includes an office of that Division;
- Regulations
means the regulations under the Act;
- respondent
, in relation to proceedings, means a party to the proceedings other than an applicant or a third party;
- sealed
, in relation to a document and a court (including a court other than a court exercising jurisdiction under the Act), means sealed with the seal of that court or otherwise endorsed by a registrar or corresponding official of that court; and
- standard rules
means—
- (a)in relation to proceedings in the Family Division of the High Court, the High Court Rules 1988; and
- (b)in relation to proceedings in the Family Division of the Magistrates Court, the Magistrates Courts Rules 1945.
The Laws of Fiji