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Maintenance Orders (Facilities for Enforcement) Rules

FIJI ISLANDS

Cap.13 Ed. 1978
Subsidiary legislation

CHAPTER 13

SUPREME COURT

SECTION 25-MAINTENANCE ORDERS

(FACILITIES FOR ENFORCEMENT) RULES

Made by the Chief Justice

Rules 3rd Oct., 1941 [in force 10th Oct., 1941].

1. These Rules may be cited as the Maintenance Orders (Facilities for Enforcement) Rules.

Definition

2. In these Rules "Act" means the Maintenance Orders (Facilities for Enforcement) Act.

(Cap. 54.)

Registration of copy order

3. The certified copy of an order made by a court in England or Ireland or any country or territory of the Commonwealth or any territory under Her Majesty's protection to which the Act applies, and received by the Governor-General under section 3 of the Act, may be sent to the Chief Registrar who shall-

(a) if the court in which the order was made was a court of superior jurisdiction, register such order in the Cause Book of the Supreme Court; or

(b) if the court in which the order was made was not a court of superior jurisdiction, forward such order for registration to a magistrates' court in the Division in which the defendant is alleged to reside.

Provisional order and requisition for summons Forms A and B

4.-(1) The certified copy of a provisional order made by a court in England or Ireland or in any such country or territory as aforesaid, and received by the Governor-General under section 6 of the Act, may be sent with the accompanying documents mentioned in the said section and a requisition for the issue of a summons, to the Chief Registrar. Such requisition and summons shall be in accordance with Forms A and B respectively in the Schedule or to the like effect. (2) The Chief Registrar shall-

(a) if the court in which the order was made was a court of superior jurisdiction, enter it in the Cause Book of the Supreme Court in the same manner as though the order had been made by the Supreme Court; or

(b) if the court in which the order was made was not a court of superior jurisdiction, forward such order and accompanying documents to a magistrate in the Division in which the defendant is alleged to reside, together with the requisition for the issue of a summons. The magistrate shall enter the order in the Cause Book of his court in the same manner as though the order had been made by the said court in the first instance, distinguishing it from other entries so as to show that it is entered in pursuance of the Act.

Form B

(3) On receipt of an order as in this rule provided, the Chief Registrar or the magistrate shall issue, and cause to be served on the defendant, a summons in Form B in the Schedule.

Provisional order made in Fiji

5.-(1) When a provisional order made by a court in Fiji, and transmitted to a court in England or Ireland or in any such country or territory as aforesaid, has been remitted to the court which made the order for the purpose of taking further evidence, the clerk of the court shall cause the matter to be brought before the court as soon as practicable.

Form C

(2) Before proceeding to take such- evidence the court shall cause notice, in Form C in the Schedule, to be sent to the complainant.

Notice to parties Form D

6. When depositions taken by a court in England or Ireland or in any such country or territory as aforesaid, in connexion with an order remitted to that court for the purpose of taking further evidence, have been sent to a court in Fiji, the clerk of the court shall send notice to the parties concerned of the time and place at which the matter will be considered by the court, and such notice shall be in Form D in the Schedule.

Notice to Registrar Form E

7. When an order made in England or Ireland or in any such country or territory as aforesaid, has been confirmed with or without modification under section 6 of the Act, or the court has decided not to confirm it, where, after confirmation, it has been rescinded or varied, the clerk of the court shall send notice of the court's decision to the Chief Registrar for transmission to the court by which the provisional order was made. Such notice shall be in Form E in the Schedule, and it shall be accompanied by a copy of the provisional order.

Payments, how made and enforced,

8.-(1) When an order has been registered under section 3 of the Act or a provisional order has been confirmed under section 6 of the Act, all payments due under the order shall be made through the court in which such order has been registered or confirmed.

(2) The clerk of the court shall take all necessary proceedings for enforcing payment of any sum due under the order and of the costs of such enforcement, as though such sum were a debt due to the court; and shall send all moneys collected under the order to the Chief Registrar for transmission to the clerk of the court by which the order was made. A statement giving the names of the parties in the case and particulars of the period covered by the payment shall accompany each remittance, the cost of which shall be deducted from the amount to be remitted.

Magistrate may take evidence

9. In any case in which a provisional order under section 6 of the Act has been received and entered by the Chief Registrar under the provisions of these Rules, the Chief Justice may, if it shall appear to him advisable, order that the summons, issued in pursuance of a requisition in that behalf, shall be heard before a magistrate exercising jurisdiction in the Division in which the defendant resides. In this event the magistrate hearing the said summons shall record the evidence taken before him in the form of depositions and shall forward the same when complete to the Supreme Court together with his findings of fact thereon. The Chief Justice shall thereupon make such order on the findings as he shall deem expedient.

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SCHEDULE

FORM A
(Rule 4)

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT
(Section 6)

REQUISITION FOR SUMMONS

To the Chief Registrar of the Supreme Court of Fiji:

Whereas upon the application of ..........................a provisional order under the
[state title of Act] was made against.......................... in the Court holden at........................ for the payment of .....................towards the maintenance of

And whereas a certified copy of the said order together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed, has been transmitted to me in the manner prescribed:

Now, therefore, I ...................., Governor-General of Fiji, in accordance with the provisions of the Maintenance Orders (Facilities for Enforcement) Act, do hereby forward you the said documents and request you to issue or cause to be issued a summons against the said................. calling upon him to appear before the appropriate court to show cause why the said order should not be confirmed.

Dated at Suva the............................... Day..........of ........., 19..............

By Command,

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FORM B
(Rule 4)

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT
(Section 6)

SUMMONS TO THE DEFENDANT TO SHOW CAUSE WHY
A PROVISIONAL ORDER SHOULD NOT BE CONFIRMED

Whereas upon the application of............................ a provisional order under the
[state title of Act] was made against you in the Court holden at....................... for the
payment of ....................................towards the maintenance of.......................

And whereas a certified copy of the said order, together with the depositions of the witnesses and a statement of the grounds on which the order might have been opposed has been transmitted in the manner prescribed to the Governor-General of Fiji who has caused the said order, depositions and statement to be sent to the Chief Registrar of the Supreme Court with a requisition that a summons be issued thereon:

This is therefore to command you to appear on ................................the
day ...................of ....................., 19 .................., at....... o'clock in the noon before the [Magistrates' Court or Supreme Court] at................... to show cause why the said order made against you should not be confirmed in accordance with the Act in such case made and provided.

Given under my hand this .......................day ...............of ............, 19...........

Magistrate or Chief Registrar of the Supreme Court.
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FORM C
(Rule 5)

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT

In the [Magistrates' Court or Supreme Court] holden at..................
in Fiji........................... Complainant and .......................Defendant.

To.................. of ..................in Fiji.

Take notice that the provisional order for maintenance made against the abovenamed defendant on the.................... day of...................., 19......, on your complaint has been remitted by [name of reciprocating court] Court at ..............for the purpose of further evidence in the matter being taken.

You are therefore required to appear before the [Magistrates' Court or Supreme Court] at ....................on .............the............. day ........of ........19 ............., at .......o'clock in the noon and there adduce to the court further evidence touching the following matters.

[Here set out matters.]

Dated the ...........day ............of ..........., 19...........

Clerk of the Court.

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FORM D
(Rule 6)

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT

In the [Magistrates' Court or Supreme Court] holden at.........................
in Fiji. .......................Complainant and .........................Defendant.

To....................... of.......................... in Fiji.

Take notice that certain depositions which may be inspected by you at my office and of which a copy will be supplied to you on payment of the prescribed fees have been forwarded to this Court by the.................... Court................ in............................. and that the further consideration of the application now pending for the [confirmation, rescission or variation] of the provisional order herein will be proceeded with at the [Magistrates' Court or Supreme Court] at ...........on ............the ........day of.............. 19 .............at...................o'clock in the noon.

Dated the................. day ............of................. , 19..................

Clerk of the Court

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FORM E
(Rule 7)

MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT

In the [Magistrates’ Court or Supreme Court] holden at.................. in Fiji. Complainant ....................and ..................Defendant.

The order made in the above-mentioned case came before this Court on the.........
day............ of ............., 19 ............, for [confirmation, rescission or variation] and after due inquiry the Court arrived at the following decision:-

[Here set out the court’s decision.]

Chief Registrar of the Supreme Court or Magistrate.

T

To the Clerk of the Court at

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