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Two reviews for holistic reform of the law and rules governing civil procedure in both the High Court and the Magistrates Court have been approved by the cabinet.

The intent of the reviews is to examine whether there is a need for amendment for better case management and to streamline proceedings.

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.

The cabinet in a statement says this review will be carried out in tandem with the review of the rules of civil procedure by the Civil Division Rules Committee.

The Fiji Judicial Conference held last month endorsed the appointment of the Rules Committee to carry out the review.

The two reviews relate to civil matters and not criminal matters.

Criminal laws and procedures are governed by the Crimes Act 2009 and the Criminal Procedure Act 2009 and its Rules – these are not the subject of this review.

Cabinet says investor confidence is boosted by efficient and effective enforcement of contractual rights which can be achieved by an effective law.

It says with the increase in global trade and investments in Fiji, there is now an influx of cases involving complex legal issues in the High Court and Magistrates Court.

The increase in jurisdiction of the Magistrates Court to hear disputes with a value of up to $50,000 has resulted in a great influx of cases involving complex legal issues.

Cabinet says it is vital that modern case management practices are incorporated in both the High Court and the Magistrates Court.

In addition, it is important to note that alternative dispute resolution (ADR) options such as mediation or arbitration are now being utilised in other jurisdictions to resolve legal disputes.

These ADR options can divert disputes from the court system and relieve some pressure on the Courts.

The reviews will consider making mediation/reconciliation mandatory in our Courts for the expeditious and amicable resolutions of civil disputes.

In Fiji, mediation was introduced by the Family Law Act 2003.

Mediation has also been practised in the legal framework for the resolution of labour disputes under the Employment Relations Act 2007.

Other issues that the review will address include making mediation mandatory prior to a matter being heard in Court and the establishment of a separate Division of the High Court to handle commercial disputes.

The two reviews will be carried out by the Office of the Attorney General which will engage a legislative drafter to assist in the drafting of a Bill to either amend or repeal the High Court Act which was first promulgated as a colonial ordinance in 1875, and Magistrates Court Act 1945.

The funding of the review and associated costs will be borne by the Ministry of Justice and the Office of the Attorney-General’s Budget allocation.

The views of the public will be sought via public hearings and written submissions.

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