Last Updated: 1 December 2016

[FAM 11,620] Interpretation1.03 

1-03
In these Rules, unless the contrary intention appears—
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—

[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—