Last Updated: 1 December 2016

[DV 62] Registration of foreign domestic violence restraining orders62 

62
(1) A foreign domestic violence restraining order may be registered in a court in accordance with this section.
(2) Where the Attorney-General receives—
  • (a)a certified copy of a foreign domestic violence restraining order;
  • (b)a certificate—
    • (i)that is signed by an officer of a court in the foreign country in which the order was made; and
    • (ii)that contains a statement that the order is, at the date of the certificate, enforceable in the foreign country; and
  • (c)written information tending to show that a person for whose protection the order was made—
    • (i)is present in Fiji; or
    • (ii)is proceeding to Fiji; or
    • (iii)is about to proceed to Fiji,

the Attorney-General must send the documents to a clerk of the Magistrates Court for the purposes of registration.

(3) The clerk of the Magistrates Court must register the foreign domestic violence restraining order by filing a certified copy of the order in the court.
(4) Where the clerk of the Magistrates Court receives the documents described in subsection (2) other than from the Attorney-General, the Registrar may register the order if satisfied that the nature of the documents is such that, if they had been transmitted to the Attorney-General, they would have been sent to the clerk of the Magistrates Court by the Attorney-General.