The Laws of Fiji
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Last Updated: 1 August 2020
4. Lodging of documents when setting down (O 34, R 4)
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(2) The party taking out the summons shall file in the Registry 2 certified true copies (which may be photostat copies or copies made by a similar process) of the following documents, bound up in book form in chronological order—
- (a)the writ;
- (b)the pleadings (including any affidavits ordered to stand as pleadings), any request or order for particulars and the particulars given;
- (c)the minutes of a pretrial conference, if any, held under Rule 2; and
- (d)all orders made on the summons for directions.
One set of such copies shall serve as the record and the other shall be for the use of the Judge.
(3) At the hearing of the summons the Registrar shall enquire of the parties whether his or her assistance would be likely to facilitate a settlement or compromise of the action before it is entered for trial.
(4) If the parties agree that further time is required for consideration of a settlement of the action the Registrar shall adjourn the hearing to such time and place as he or she thinks fit.
(5) Where at the hearing of the summons or at any adjournment thereof the parties agree that such assistance is desirable to facilitate a settlement, the Registrar may in his or her discretion either afford such assistance himself or herself, or adjourn the hearing and direct that the matter be referred to a person designated by him or her for the purpose of facilitating the bringing about of a settlement.
(6) Where the Registrar refers the summons to another person under paragraph (5), that person shall hear and discuss the matter with the parties in an attempt to bring about a settlement and shall report to the Registrar either the terms of settlement that have been reached or his or her failure to bring about a settlement.
(7) Except where a party having been duly served with the summons fails to attend at the hearing, no order to enter an action for trial shall be made unless the Registrar is satisfied that the parties have had a reasonable opportunity to consider and reach a settlement or that no settlement appears to be likely to be reached between them.
(8) No court record shall be kept of any such discussions held with a view to bringing about a settlement and no statement, concessions or admissions made thereat shall be admissible in evidence at the trial of the action or the trial of any other action.
(9) Any such discussions as aforesaid shall, unless a settlement is reached and entered by consent as a judgment of the Court, be without prejudice and shall be deemed to have been held in confidence on an occasion of absolute privilege.
(10) No process of the Court shall be issued for the purpose of enforcing the attendance at any court or tribunal of any person as a witness to give evidence of anything said or disclosed at the hearing of a summons for an order for the entry of an action for trial, or any adjournment thereof, or at any discussion between the parties by a person referred to in paragraph (6).
(11) At the hearing of any summons or any adjournment thereof the Registrar, after hearing the parties, may either enter judgment by consent on any terms agreed or order that the case be entered for trial or make such other order as may be appropriate.
(12) In this Rule the words “party” and “parties” mean, where a plaintiff or defendant is legally represented, his or her barrister and solicitor, and where he or she is not so represented, the plaintiff or defendant in person. In any case where the plaintiff or defendant is legally represented he or she may, if he or she wishes, be present in chambers in person with his or her barrister and solicitor or, if his or her barrister and solicitor consents, without his or her barrister and solicitor.