Aerial shot of Suva Court

An ad hoc Civil Division Rules Committee has been appointed to look at the current rules of the High Court and Magistrates Court.

The committee was appointed by the Acting Chief Justice Salesi Temo in June.

Lautoka High Court Judge, Justice Anare Tuilevuka says the Committee comprises several judges and magistrates will carry out a review to examine whether there is a need for amendment for better case management and to streamline proceedings.

Justice Tuilevuka says this step has been taken as there are problems with the current rules which delays the ruling on civil and commercial court cases.

He says for better case management in the Civil Division, the committee has a working paper in progress.

“We are recommending changes which will see a shift from a structure which relies on the party’s summons or motion to move cases along to one which vests control in the hands of the court. We will present our final paper to the Chief Justice by the first week of February 2024.”

Justice Tuilevuka says Chief Justice will consult with the Office of the Attorney General after receiving the full report.

He says the legal practitioners and the Fiji Law Society will also be consulted for this project.

The laws that will be reviewed include High Court Act 1875, the High Court Rules 1988; the Magistrates Court Act 1944 and the Magistrates Court Rules 1945.