The Laws of Fiji
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Last Updated: 19 September 2023
AN ACT FOR THE CONSTITUTION OF MAGISTRATES COURTS, FOR THE APPOINTMENT OF MAGISTRATES AND OTHER OFFICERS THEREOF AND OF JUSTICES OF THE PEACE, AND FOR THE REGULATION OF THEIR DUTIES AND JURISDICTION
[MC 33] Transfer of cases by a Judge33
33
- (a)The High Court may at any time at any stage thereof before judgment—
- (i)transfer to a Magistrates Court any civil cause before the High Court, being a civil cause which is not excluded from the jurisdiction of such Magistrates Court;
- (ii)transfer any civil cause or matter before a Magistrates Court, to any other Magistrates Court, being a civil cause which is not excluded from the jurisdiction of such other Magistrates Court, or to the High Court.
- (b)Any civil cause may be transferred either entirely or in respect of any part thereof or procedure required to be taken therein.
[subs (1) subst Ordinance 19 of 1960 s 5, effective 7 October 1960]
(2) The power of transfer shall be exercised by means of an order under the hand of a Judge and the seal of the court, and may apply either to any particular cause or causes, matter or matters in dependence either entirely or in respect of any part thereof or procedure required to be taken therein, or generally to all such causes and matters as may be described in such order, and in the latter case may extend to future causes or matters as well as to such as may at the time of making such order be in dependence.
(3) The High Court may at all times cancel, alter, add to or amend any such order.
(4) The High Court may, if it appear expedient, in the first instance cause the contents of any such order to be telegraphed, and such telegram shall, until receipt of the said order, have the same validity and effect as if it were the said order.