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Small Claims Tribunal Decree 1991

GOVERNMENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI

DECREE NO. 7

SMALL CLAIMS TRIBUNAL DECREE, 1991

ARRANGEMENT OF SECTIONS

1. Short title, commencement
2. Interpretation

PART I - ESTABLISHMENT OF TRIBUNALS

3. Establishment of Tribunals
4. Exercise of Tribunals Jurisdiction
5. Times and places of sittings
6. Appointment of Referees
7. Salary and allowances

PART II - JURISDICTION AND FUNCTIONS OF TRIBUNALS

8. Jurisdiction of Tribunals
9. Further limitations of jurisdiction
10. Counter claims
11. Abandonment to bring within jurisdiction
12. Cause of action not to be divided
13. Contracting out prohibited
14. Exclusion of other jurisdictions
15: Functions of Tribunal
16. Orders of Tribunal
17. Orders of Tribunal to be final

PART III - PROCEEDINGS OF TRIBUNALS

CLAIMS

18. Lodging of claims
19. Notice of claim and of hearing
20. Parties
21. Minors and person under disability
22. Transfer of proceedings of Magistrate's Court, etc.
23. Transfer of proceedings from Magistrates' Court, etc.
24. Right of audience
25. Proceedings may be held in private
26. Evidence
27. Tribunal may act on evidence available
28. No costs allowable
29. Procedure where no provision made

ENFORCEMENT OF ORDERS

30. Enforcement of orders except work orders
31. Enforcement of work orders

PART IV - REHEARING AND APPEALS

32. Rehearing
33. Appeals
34. Referee to furnish report
35. Powers of court on appeal

PART V - MISCELLANEOUS PROVISIONS

36. Want of form
37. Registrar to provide assistance
38. Contempt of Tribunal
39. Protection of Referees, etc.
40. Publication of orders
41. Rules
42. State Proceedings Act not restricted
43. State bound
44. Transitional

First Schedule - Forms

Form 1 Claim
Form 2 Application to enforce alternative to work order
Form 3 Objection to enforcement of Order
Form 4 Application to enforce work Order
Form 5 Application for rehearing
Form 6 Notice of Appeal

Second Schedule - Fees

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A DECREE TO ESTABLISH SMALL CLAIMS TRIBUNALS IN FIJI TO PROVIDE PROMPT AND INEXPENSIVE RELIEF TO CLAIMANTS

IN exercise of the powers vested in me as President of the Sovereign Democratic Republic of Fiji and Commander-in-Chief of the Armed Forces and acting in accordance with the advice of the Prime Minister and the Cabinet I hereby make the following Decree -

Short title and commencement

1.-(1) This Decree may be cited as the Small Claims Tribunal Decree, 1991.

(2) This Decree shall come into force on the day so specified by the Attorney-General and Minister for Justice by Notice in the Fiji Republic Gazette.

Interpretation

2. In this Decree, unless the context otherwise requires -

"claim" means a small claim lodged with or transferred to a Tribunal pursuant to this Decree;

"claimant" means a person who lodges a claim with a Tribunal and includes-

(a) a claimant in any proceedings transferred to a Tribunal pursuant to section 23;

(b) in respect of a counter claim, the counter claimant; and

(c) any person who becomes a party to proceedings on any claim in the capacity of a claimant;

"Minister" means the Attorney-General and Minister for Justice;

"motor vehicle" has the same meaning as in the Traffic Act;

"Referee" means a person appointed as such under section 6 and includes a Resident Magistrate when he is exercising the jurisdiction of a Tribunal;

"Registrar" means the Registrar of the Magistrates' Court of which the Tribunal is a division pursuant to section 3(4) and includes any Deputy Registrar of that Court;

"respondent" means any person against whom a claim is made and any person who becomes a party to the proceedings on that claim in the capacity of a respondent;

"small claim" means a claim in respect of which a Tribunal has jurisdiction under section;

"Tribunal" means a Small Claims Tribunal established under section 3;

"work order" means an order to make good a defect in goods or chattels, or a deficiency in the performance of services by doing such work or attending to such matters (including the replacement of goods or chattels) as may be specified in the order.

PART I- ESTABLISHMENT OF TRIBUNALS

Establishment of Tribunals

3.-(1) The Minister after consultation with the Chief Justice, may from time to time, by notice in the Fiji Republic Gazette, establish in accordance with this section such number of Tribunals as he thinks fit to exercise the jurisdiction in respect of small claims created by this Decree.

(2) A Tribunal established under subsection (1) shall be known as a Small Claims Tribunal.

(3) Each Small Claims Tribunal shall be a division of a Magistrates' Court.

(4) A notice under subsection (1) establishing a Small Claims Tribunal shall specify the Magistrates' Court of which the Tribunal is to be a division.

(5) The Minister may at any time, by notice in the Fiji Republic Gazette –

(a) disestablish a Small Claims Tribunal; and

(b) direct how the records of that Tribunal shall be dealt with.

Exercise of Tribunal's Jurisdiction

4.-(1) The jurisdiction of a Tribunal shall be exercised by a Referee appointed under section 6 of this Decree, or by a Resident Magistrate.

(2) If the Referee or Resident Magistrate hearing any proceedings in respect of a claim dies, becomes incapacitated, or is for any other reason unable or unavailable to complete the hearing or dispose of the proceedings, they shall be heard afresh by another Referee or Resident Magistrate, unless the parties agree that the proceedings be otherwise disposed of.

Times and places of sittings

5. The days, times, and places of the regular sittings of a Tribunal shall be determined by the Chief Magistrate.

Appointment of Referee

6.-(1) The Chief Justice, after consultation with the Minister, may, from time to time, by warrant under his hand appoint qualified persons to be Referees for the purposes of this Decree.

(2) A person is qualified to be so appointed if he is capable by reason of his special knowledge or experience of performing the functions of a Referee. A Referee need not have legal qualifications.

(3) Subject to subsection (4), every person appointed as a Referee shall hold office for a term of 3 years and may, from time to time, be re-appointed for a like term.

(4) A Referee may at anytime be removed from office by the Chief Justice after consultation with the Minister for disability, bankruptcy, neglect of duty, misconduct, proved to their satisfaction or may at any time resign his office by writing addressed to the Chief Justice.

(5) A Referee may, with the consent of the Chief Justice, hold any other office or engage in any other employment of calling.

Salary and allowances

7. There shall be paid to every Referee (other than a Resident Magistrate), such remuneration by way of fees, salary, and allowances (including travelling allowances and expenses) as is determined by the Public Service Commission.

PART II - JURISDICTION AND FUNCTIONS OF TRIBUNALS

Jurisdiction of Tribunals

8.-(1) Subject to this section and to section 9, a Tribunal shall have jurisdiction in respect of any claim which does not exceed $2,000 in value.

(2) To determine whether a claim exceeds $2,000 in value, the following shall be taken into account:

(a) where a claim is made for the recovery of chattels, the value of those chattels; and

(b) where a claim is made for a work order, the value of the work sought to be included therein.

(3) A claim for an unliquidated sum is deemed to be for a maximum value of $2,000.

(4) If it is necessary for the purpose of this Decree to ascertain the value of any chattels or work or to resolve any dispute as to such value, that value shall be determined by the Tribunal in such manner as it thinks fit.

(5) A Tribunal shall also have such other jurisdiction as is conferred upon it by any other law.

Further limitations of jurisdiction

9. A Tribunal shall have no jurisdiction in respect of any claim:

(a) for the recovery of land or any estate or interest therein;

(b) in which the title to any land or any estate or interest therein, is in question;

(c) which could not be brought in a Magistrates' Court; and

(d) which is required by any law to be brought only before any other specified court.

Counter claims

10.-(1) A respondent may counterclaim against the claimant if the counterclaim is within the jurisdiction of the Tribunal.

(2) A counter claim shall be treated in all respects as if it were a claim under this Decree.

Abandonment to bring within jurisdiction

11. A person may abandon so much of a claim as exceeds $2,000 in order to bring the claim within the jurisdiction of a Tribunal, and in that event any order of the Tribunal under this Decree or any other Law, in relation to the claim shall operate to discharge from liability in respect of the amount so abandoned any person against whom the claim and the subsequent order is made.

Cause of action not to be divided

12. A cause of action shall not be divided into 2 or more claims for the purpose of bringing it within the jurisdiction of a Tribunal.

Contracting out prohibited

13.-(1) A provision in any agreement to exclude or limit:

(a) the jurisdiction of a Tribunal; or

(b) the right of any person to involve that jurisdiction, shall be of no effect.

(2) Without limiting the generality of subsection (1), a Tribunal shall have jurisdiction in respect of a claim notwithstanding any agreement relating thereto which provides for:

(a) the submission to arbitration of any dispute or difference; or

(b) the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to the agreement.

(3) Subsection (1) does not apply where a cause of action has accrued, or is believed to have accrued, to a person and he had agreed to the settlement or compromise of the claim based on that cause of action.

Exclusion of other jurisdictions

14.-(1) If a claim is lodged with or transferred to a Tribunal and is within its jurisdiction, the issues in disputes in that claim (whether as shown in the initial claim or as emerging in the course of the hearing) shall not be the subject of proceedings between the same parties in any other Court or Tribunal unless -

(a) an order is made under section 22 or section 35(1)(c);

(b) the proceedings before that other Court or Tribunal were commenced before the claim was lodged with or transferred to the Tribunal; or

(c) the claim before the Tribunal is withdrawn, abandoned, or struck out.

(2) If subsection (1)(b) applies to proceedings before another Court or Tribunal, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties to a Tribunal unless the proceedings are transferred to a Tribunal under section 23 or the claim before the other Court or Tribunal is withdrawn, abandoned, or struck out.

Functions of other jurisdictions

15.-(1) The primary function of a Tribunal is to attempt to bring the parties to a dispute to an agreed settlement.

(2) If it appears to the Tribunal to be impossible to reach a settlement under subsection (1) within a reasonable time, the Tribunal shall proceed to determine the dispute.

(3) If an agreed settlement is reached, the Tribunal may make one or more of the orders which it is empowered to make under section 16 or under any other Law, and shall not, where giving effect to the agreement of the parties, be bound by the monetary restriction proved for by subsections 16(3) and (4).

(4) The Tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal rights or obligations or to actual forms or technicalities.

(5) Without limiting the generality of subsection (4), a Tribunal may, in respect of any agreement or document which directly or indirectly bears upon the dispute between the parties, disregard any provision therein which excludes or limits,

(a) conditions, warranties, or undertakings; or

(b) any right, duty, liability, or remedy which would arise or accrue in the circumstance of the dispute; if there were no dispute; if there were no such exclusion or limitation.

(6) To give effect to its determination of the dispute or in granting relief in respect of any claim, which is not disputed, the Tribunal shall make one or more of the orders which it is empowered to make tinder section 16 or under any other law.

Order of Tribunal

16.-(1) A Tribunal may, as regards any claim within its jurisdiction, make one or more of the following orders and may include therein such stipulations and conditions (whether as to the time for, or mode of, compliance or otherwise) as it thinks fit:

(a) the Tribunal may order a party to the proceedings to pay money to any other party;

(b) the Tribunal may make an order declaring that a person is not liable to another in respect of a claim or demand for money, the delivery of goods or chattels, or that work he performed;

(c) the Tribunal may order a party to deliver specific goods or chattels to another party to the proceedings;

(d) the Tribunal may make a work order against any party to the proceedings;

(e) if it appears to the Tribunal that an agreement between the parties, or any term thereof, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, the Tribunal may make an order varying the agreement, or setting it aside (either wholly or in part);

(f) if it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or that any writing purporting to express the agreement between the parties does not accord with their true agreement, the Tribunal may make an order varying or setting aside the agreement, or the writing (either wholly or in part);

(g) the Tribunal may make an order dismissing the claim.

(2) If a Tribunal makes a work order against a party it:

(a) shall, where the order is made under section 15(6) or section 31(2); and

(b) may, where the order is made under section 15(3),

at the same time make an order under subsection (1)(a) of this section to be complied with as an alternative to compliance with the work order.

(3) A Tribunal shall not make an order under this Decree which exceeds the monetary restriction hereunder which is applicable to that order and any order which does exceed that restriction shall be entirely of no effect. The monetary restrictions are:

(a) an order under subsection (1)(a) shall not require payment of money exceeding $2,000:

(b) a declaration under subsection (1)(h) shall not relate to a claim or demand exceeding $2,000;

(c) an order under subsection (1)(c) shall not relate to goods or chattels exceeding $2,000 in value;

(d) the work to be done or matters to be attended to under a work order shall not exceed $2,000 in value;

(e) an order under paragraph (e) or paragraph (f) of subsection (1) shall not be made in respect of an agreement if the value of the consideration for the promise or act of any party to the agreement exceeds $2.000.

(4) Except as provided in subsection (2), a Tribunal shall not, in respect of a claim, make more than one of the orders authorised by subsections (1)(a), (1)(b), (1)(c) or (1)(d), or by any other Law, if the aggregate amount or value of those orders exceeds $2,000; and every order so made contrary to this subsection shall be entirely of no effect.

(5) Nothing in subsection (1) shall restrict the making by a Tribunal of any order which it is authorised to make by any other Law.

(6) An order which is beyond the jurisdiction limitations of section 9 shall be of no force or effect.

Orders of Tribunal to be final

17. An order made by a Tribunal shall be final and binding on all parties to the proceedings in which the order is made, and subject to section 32 and except as provided in section 33, no appeal shall lie in respect thereof.

PART III- PROCEEDINGS OR TRIBUNALS

CLAIMS

Lodging of claims

18.-(1) Proceedings shall be commenced by the lodging of a claim in Form 1 of the First Schedule to this Decree together with the fee prescribed in the Second Schedule, with the appropriate Tribunal.

(2) The appropriate Tribunal for the purpose of subsection (1) is the one nearest by the most practicable route to the place where the claimant resides.

Notice of claim and of hearing

19.-(1) When a claim is lodged in accordance with section 18 of this Decree, the Registrar shall:

(a) immediately fix a time and place of hearing and give notice thereof in the prescribed form to the claimant by endorsing the details on Form 1; and

(b) as soon as reasonably practicable, give notice of the claim and of the time and place of hearing to-

(i) the respondent; and

(ii) every other person who appears to the Registrar to have a sufficient connection with the proceedings on the claim in the capacity of a claimant or respondent,

by delivering a sealed copy of the claim with the details of the hearing endorsed on it.

(2) If a Tribunal finds that a person who appears to it to have a sufficient connection with the proceedings on a claim in the capacity of a claimant or respondent has not been given notice of the proceedings it may direct the Registrar to give, and the Registrar shall give, to such person notice of the claim and of the time and place for hearing.

(3) For the purposes of this section, a person has a sufficient connection with the proceedings on a claim if his presence as a claimant or respondent is necessary to enable the Tribunal to effectually and completely determine the questions in dispute in the claim or to grant the relief which it considers may be proper.

Parties

20.-(1) Subject to subsection (2) the claimant, the respondent, and every person to whom notice of a claim has been given under section 19(i), (ii) or section 19(2) shall be the parties to the proceedings on that claim.

(2) A Tribunal may at any time, order that the name of a person who appears to it to have been improperly joined as a party be struck out from the proceedings.

Minors and persons under disabilities.

21.-(1) Subject to this section a minor may be a party to, and shall be bound by, proceedings in a Tribunal as if he were a person of full age and capacity.

(2) If a minor who has not attained the age of 18 years is a party to any proceedings in a Tribunal, the Tribunal may, if it considers that it would be in the interests of the minor to do so:

(a) at any time appoint to represent the minor a person who is willing to do so (and who is not disqualified by section 24(5)), and authorise that person to control the conduct of the minor's case; or

(b) when approving a representative under section 24(3)(c), or at any time thereafter, authorise that representative to control the conduct of the minor's case.

(3) If a party to any proceedings in a Tribunal is a person of unsound mind:

(a) the Public Trustee; or

(b) if a Committee of the estate of that person of unsound mind has been appointed under the Mental Treatment Act the Committee, subject to that Act,

shall control the conduct of that person's case.

(4) A person empowered by or under this section to control the conduct of the case of another person may do all such things in the proceedings as he could do if he himself were a party to the proceedings in place of that other person.

Transfer of proceedings to Magistrates' Court, etc.

22.-(1) If any proceedings have been commenced in a Tribunal which it has no jurisdiction to hear and determine, the Tribunal may, instead of striking out the proceedings, order that they be transferred to a Magistrates' Court in its ordinary civil jurisdiction.

(2) If any proceedings have been commenced in a Tribunal which in the opinion of the Tribunal would more properly be determined in a Magistrates' Court, the Tribunal may, on the application of a party or of its own motion, order that proceedings be transferred to a Magistrates' Court in its ordinary civil jurisdiction.

(3) The Tribunal shall not make an order under this section in respect of a claim if any agreement of a kind described in section 13(2) requires that the claim be submitted to arbitration.

Transfer of proceedings from Magistrates' Court, etc.

23.-(1) If proceedings within the jurisdiction of a Tribunal have been commenced in a Magistrates' Court which has a Tribunal as a division of it, before a claim in respect of the same issues between the same parties has been lodged in or transferred to a Tribunal, the magistrate may, on the application of either party or of his own motion, order that the proceeding be transferred to the Tribunal, subject to such provision (if any) as to payment of costs as he thinks fit.

(2) If proceedings within the jurisdiction of a Tribunal has been commenced in the High Court before a claim in respect of the same issues between the same parties has been lodged in, or transferred to, a Tribunal, that Court or a Judge thereof may, on the application of either party or of its or his own motion, order that the proceeding be transferred to a Tribunal subject to such provision (if any) as to payment of costs as the Court or Judge thinks fit.

(3) A Tribunal to which proceedings are transferred pursuant to this section may have regard to any notes of evidence transmitted to it and it shall not be necessary for that evidence to be given again in the Tribunal unless the Tribunal so requires.

(4) Section 8(3) shall not apply to a claim which is transferred to a Tribunal pursuant to this section, unless the claimants consents to transfer.

HEARINGS

Right of audience

24.-(1) At the hearing of a claim every party shall be entitled to attend and be heard.

(2) Subject to subsections (3) and (6), no party shall appear by a representative unless it appears to the Tribunal to be proper in all the circumstances to so allow, and the tribunal approves such representative.

(3) The following parties may appear by a representative who is approved by the Tribunal:

(a) the State, if the representative is a servant of the State;

(b) a corporation or an unincorporated body of persons, if the representative is a employee or member thereof;

(c) a person jointly liable or entitled with another or others, if the representative is one of the persons jointly liable or entitled or, in the case of a partnership, is an employee of those persons;

(d) a minor, or other person under a disability.

(4) A Tribunal shall when a representative of a party is proposed for its approval, satisfy itself that the person proposed is acting in the best interests of that party and has sufficient personal knowledge of the case and sufficient authority to bind the party.

(5) A Tribunal shall not approve a representative who is, or has been admitted as a barrister or solicitor or who, in the opinion of the Tribunal is, or has been, regularly engaged in advocacy work before Tribunals; but this prohibition does not apply where the person proposed for approved under subsection (3) is a person or one of the persons jointly liable or entitled with another or others, or is an employee of a party.

(6) The Consumer Council of Fiji may, by its employees, servants or agents, represent any claimant in proceedings before a Tribunal if the claimant so consent and the representative is not a barrister or solicitor.

Proceedings may be held in private

25. Proceedings before a Tribunal may be held in private if all of the parties agree thereto.

Evidence

26.-(1) Evidence tendered to a Tribunal by or on behalf of a party to any proceedings need not be given on oath, but the Tribunal may at any stage of the proceedings require that such evidence, or any specific part thereof, be given on oath whether orally or in writing.

(2) A Tribunal may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it thinks fit. All evidence and information so received or ascertained shall be disclosed to every party.

(3) A Tribunal may receive and take into account any relevant evidence or information, notwithstanding the provisions of the Evidence Act and whether or not the same would normally be admissible in a Court of Law.

Tribunal may act on evidence available

27.-(1) If the case of any party is not presented to the Tribunal, after reasonable opportunity has been given to him to do so, the issues in dispute in the proceedings may be resolved by the Tribunal, or relief in respect of an undisputed claim may be granted by it, on such evidence or information as is before it, including evidence or information obtained pursuant to section 26(2).

(2) An order made by the Tribunal in the circumstances described in subsection (1) shall not be challenged on the ground that the case of the party was not presented to the Tribunal, but the party may apply for a rehearing under section 32 on the ground that there was sufficient reason for his failure to present his case.

No Costs allowable

28. Costs shall not be awarded against a party unless, in the opinion of the Tribunal, a claim made by that party is frivolous or vexatious, in which case it may order that party to pay to another party the reasonable costs of that party in connection with the proceedings.

Procedure where no provision made

29. Subject to this Decree and any rules made hereunder, a Tribunal shall adopt such procedure as it thinks best suited to the ends of justice.

ENFORCEMENT OF ORDERS

Enforcement of orders except work orders

30.-(1) Every order made by a Tribunal requiring a party to pay money or deliver specific goods or chattels to another party shall be deemed to be an order of the Magistrates' Court of which the Tribunal is a division, and subject to this section, may be enforced accordingly.

(2) An application made to a Magistrates' Court for the issue of any process to enforce an order requiring a party to pay money to another as an alternative to compliance with a work order shall be in Form 2 of the First Schedule and the Registrar shall give notice of the application to the party against whom enforcement is sought.

(3) If that party does not file in the Court within a period of 21 days from the date it receives notice of the application in Form 2, a notice of objection in Form 3, the order may, after the expiry of that period, be enforced pursuant to subsection (1).

(4) The notice referred to in subsection (3) may only be given on the ground that is is [sic] the belief of the party that the order of the Tribunal has been fully complied with and that he therefore disputes the entitlement of the applicant to enforce it.

(5) If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed time, the Registrar shall refer the matter to the Tribunal to be heard and determined under section 31(2).

(6) Notwithstanding sections 62 and 63 of the Magistrates' Court Act, no filing fee shall be payable by a person who seeks to enforce an order pursuant to subsection (1), but any fee which would otherwise be payable therefor shall be recoverable from the opposite party for the credit of the Consolidated Fund.

Enforcement of work orders

31.-(1) If:

(a) a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and

(b) that other party has not complied with an alternative money order provided for in section 16(2),

the party, in whose favour the work order was made may, instead of applying to the Magistrates' Court for the issue of process for enforcement pursuant to section 30, lodge in the Tribunal a request in Form 4 of the First Schedule to this Decree that the work order be enforced.

(2) Proceedings on a request for enforcement under subsection (1) and on a notice under section 30(5) shall be treated as it [sic] such request or notice were a claim lodged under section 18, and upon the hearing of the matter the Tribunal may:

(a) vary the work order or make a further work order or any other order which is authorised by section 16;

(b) grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 16(2), or so much thereof as the Tribunal may allow and either subject to or without compliance with the provisions of section 30(2);

(c) discharge any order previously made by the Tribunal.

(3) After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal.

PART IV - REHEARING AND APPEALS

Rehearing

32.-(1) Subject to subsection (2), a Tribunal may, upon the application or a party to any proceedings, order the rehearing of a claim, to be had [sic] upon such terms as it thinks fit.

(2) A rehearing may be ordered under subsection (1) only if an order has been made under section 15(6) or section 31(2) and, in the latter case, shall be limited to rehearing the enforcement proceedings taken under that section.

(3) Every application for a rehearing shall be in Form 5 of the first Schedule, shall be lodged together with the fee prescribed in the Second Schedule and shall be made within 14 days after the Tribunal's order and shall be served upon the other parties to the proceedings.

(4) When a rehearing is ordered:

(a) the Registrar shall notify all parties to the proceedings of the making of the order and of the time and place appointed for the rehearing; and

(b) the order of the Tribunal made upon the first hearing shall cease to have effect.

(5) Notwithstanding subsection (4)(b), if the party on whose application a rehearing is ordered does not appear at the time and place for the rehearing or at any time and place to which the rehearing is adjourned, the Tribunal may, without rehearing or further rehearing the claim direct that the original order be restored to full force and effect.

(6) This Decree shall apply to a rehearing in all respects as it applies to an original hearing.

Appeals

33.-(1) Any party to proceedings before a Tribunal may appeal against an order made by the Tribunal under section 15(6) or section 31(2) on the grounds that:

(a) the proceedings were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings; or

(b) the Tribunal exceeded its jurisdiction.

(2) An appeal brought pursuant to subsection (1) shall be made:

(a) if against an order made by a Resident Magistrate exercising the jurisdiction of a Tribunal to the High Court; and

(b) in any other case, to the Magistrates' Court.

(3) An appeal shall be brought by a party by the filing of a notice of appeal in Form 6 of the First Schedule to this Decree, together with the fee prescribed in the Second Schedule in the High Court or any Magistrates' Court (as the case may be) within 14 days of the Tribunal's order.

(4) As soon as practicable after such notice of appeal has been filed the High Court or the Registrar of that Magistrates' Court (as the case may be) shall:

(a) lodge a copy thereof in the Tribunal's records relating to the proceedings;

(b) fix the time and place for the hearing of the appeal and shall notify the appellant;

(c) serve a copy of even notice of appeal together with a notice of the time and place for hearing the appeal on even other party to the proceedings before the Tribunal and each such party may appear and be heard.

(5) The filing of a notice of appeal against an order shall operate as a stay of any process for the enforcement of that order but the High Court or the Magistrates' Court may at any time on the application of a party to the proceedings order that any process may be resumed or commenced or the process having been resumed or commenced, order that it be further stayed.

Referee to furnish report

34.-(1) Within 14 days after a notice of appeal has been lodged in the Tribunal's records under section 33(3) the Referee who heard the proceedings shall furnish to the Registrar a report on the proceedings and on the manner in which the proceedings were conducted and the reasons therefor.

(2) A Referee shall keep a record of the proceedings of a Tribunal sufficient to enable him, if required, to furnish a report under subsection (1).

(3) If, for any reason, the Referee who heard the proceedings is unavailable to furnish the report, the same shall be compiled by the Registrar from such information as he is able to collect from the records of the Tribunal or otherwise.

Powers of court on appeal

35.-(1) On the hearing of the appeal a Judge or Resident Magistrate may:

(a) quash the order of the Tribunal and order a rehearing of the claim in the Tribunal on such terms as he thinks fit;

(b) if the appeal is heard by a Resident Magistrate quash the order and invoke his authority under section 4 to exercise the jurisdiction of a Tribunal;

(c) quash the order and transfer the proceedings to a Magistrates' Court for hearing; or

(d) dismiss the appeal.

(3) An appeal under this section shall be heard by a Judge or Resident Magistrate in chambers and, subject to this Decree and any rules made hereunder, the procedure thereat shall be such as he may determine.

PART V - MISCELLANEOUS PROVISIONS

Want of form

36. No proceedings of a Tribunal or order or other document thereof shall be set aside or quashed for want of form.

Registrar to provide assistance

37. A Registrar shall ensure that assistance is reasonably available from himself or his staff to any person who seeks it in completing the forms required by this Decree or any rules made thereunder, in relation to the lodging of a claim in a Tribunal, an application for a rehearing, an appeal against an order of a Tribunal, or the enforcement of an order in the Tribunal or in a Magistrates' Court.

Contempt of Tribunal

38.-(1) Any person who:

(a) wilfully assaults, insults, or obstructs a Referee, or any witness or any officer of a Tribunal during a sitting of a Tribunal or while a Referee a witness or an officer is going to or returning from a sitting of a Tribunal;

(b) wilfully assaults, insults, or obstructs any person in attendance at a sitting of a Tribunal;

(c) wilfully interrupts, or otherwise misbehaves at, a sitting of a Tribunal; or

(d) wilfully and without lawful excuse disobeys any order or direction of a Tribunal (other than an order mentioned in section 15(3), section 15(6), or section 31(2) of this Decree) in the course of the hearing of any proceedings,

is guilty of an offence and is liable to a fine not exceeding $500 or to imprisonment for any term not exceeding 6 months.

(2) A Referee may order the exclusion from a sitting of a Tribunal of any person whose behaviour in the opinion of the Referee, constitutes an offence against subsection (1), whether or not such person is charged with the offence; and any Registrar, or officer under his control, or police officer may take such steps as are reasonably necessary to enforce such exclusion.

Protection of Referees, etc.

39.-(1) A Referee shall have and enjoy the same protection as a Magistrate has and enjoys under the Magistrates' Courts Act.

(2) For the avoidance of doubt as to the privileges and immunities of Referees, parties representatives and witnesses in the proceedings of a Tribunal it is declared that such proceedings are judicial proceedings.

(3) The privileges and immunities referred to in subsection (2) shall extend and apply to any person who gives information or makes any statement to the Tribunal and relating to a claim.

Publication of orders

40. The Registrar shall cause to be published in such manner as the Minister from time to time directs, such particulars relating to the result of proceedings in Tribunals as the Minister specifies in the direction.

Rules

41.-(1) The Chief Justice may make rules:

(a) regulating the practice and procedure of Tribunals;

(b) prescribing such things (including fees) as are required by this Decree to be prescribed;

(c) prescribing such matters as are necessary or convenient for carrying out the provisions of this Decree.

(2) Without limiting the generality of subsection (1), rules may be made providing for the following:

(a) the keeping of records by Tribunals and the form thereof;

(b) the form of documents to be issued by Tribunals and the sealing of its documents;

(c) the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons;

(d) the function, powers, and duties of Tribunals and Registrars in relation to –

(i) the service of documents and giving of notices;

(ii) the enlargement of dates of hearing; and

(iii) the adjournment of proceedings;

(e) the withdrawal and amendment of claims;

(f) the summonsing of witnessing, and the payment of witnesses from public funds or otherwise;

(g) the commission of offences by, and punishment of persons who refuse to give evidence or obey a summons to witness;

(h) the transfer or proceedings –

(i) from a Magistrates' Court or the High Court to a Tribunal;

(ii) form a Tribunal to a Magistrates' Court;

(iii) from one Tribunal to another;

(i) the removal of orders of tribunals into a Magistrates' Court for enforcement;

(j) the searching of the records of Tribunals.

(3) Notwithstanding section 42, rules made under this section may make particular provision for:

(a) the giving of notices to, and service of documents on the State; and

(b) the length of the notice to be given to the State before proceedings to which the State is a party may be heard.

State Proceedings Act not restricted

42. Nothing in this Decree shall limit or restrict the operation of the State Proceedings Act.

State bound

43. This Decree binds the State.

Transitional

44.-(1) An action commenced in the Magistrates' Court or the High Court, prior to the date this Decree comes into force, shall not be transferred to a Small Claims Tribunal unless with the consent of all parties.

(2) A right accrued or obligation incurred before this Decree comes into force shall not be affected by the operation of section 15(4).

Made at Suva this 12th day of March 1991.

PENAIA K. GANILAU
President of the Sovereign Democratic
Republic of Fiji and Commander-in-Chief
of the Armed Forces

________

FIRST SCHEDULE: FORMS

SMALL CLAIMS TRIBUNAL DECREE

Form 1

Claim
Section 18(1)

Lodged in the Small Claims .........................................................Claim Number: ..
Tribunal Registry at .......................................................................................... on the ..........day of ............................ 19...

To ...................................................................................................

of ....................................................................................(Respondent)

...................................................................................................

(here insert full name and address of the person or business the claim is made against)

TAKE NOTICE THAT
of .............................................................................................(Claimant)...

.................................................................................................................

(here insert full name address of the person or business making the claim)

CLAIMS AGAINST YOU:

(a) that you pay to him the sum of $ ............................................................................or

(b) that the following be done by you ........................................................or

(c) that you pay to him money to a value to be decided by the Tribunal

(d) .................................................................................................or

(here state any other relief claimed)

FOR THE FOLLOWING REASONS

(e) ...................................................................................................

(here set out, in as much detail as possible, the grounds of the Claim and all relevant facts and attach copies of any documents relied upon)

And I hereby swear (or solemnly and sincerely affirm) that the reasons set out above are true and correct

.........................................

Signature of Claimant

Sworn (or Affirmed) before me on the ............................................................... day of ....................... 19....... at .........................

...........................................................
Signature of Justice of the Peace or other person qualified to take oaths or affirmations

(Reverse side of Form 1)

NOTICE OF HEARING

TO: ............................................................................................. (Claimant)
AND ......................................................................................... (Respondent)
AND..................................................................... (A party to these proceedings)

TAKE NOTICE THAT:

1. The above claim has been set down for hearing at the Small Claims Tribunal at ........................................................................ (here insert place and address) on ........ day the ................... day of ......................... 19.... at .........o'clock.

(2) If you wish to contest the claim you must appear before the Small Claims Tribunals at the place and time set out above and then there state your reasons why the Claim should not be granted.

(3) No party may appear by a barrister or solicitor and no party may appear by a representative unless the Tribunal approves, pursuant to Section 24 of the Small Claims Tribunal Decree, or unless the representative is from the Consumer Council of Fiji.

(4) Details of proceedings will be advertised by the Tribunal after the Claim is disposed of.

(5) If you do not appear at the hearing, the Tribunal may hear and decide the case in your absence.

(6) A person named above as a party may be ordered to pay money, or perform work or deliver goods or chattels, not withstanding that the claimant did not, in the original claim directly seek relief against that party.

______

SMALL CLAIM TRIBUNAL DECREE

Form 3

OBJECTION TO ENFORCEMENT OF ORDER
Section 30(3)

Claim Number: ......

To: The Registrar, Small Tribunal

AND:

...............................................................................................

(here insert name and address of other parties)

TAKE NOTICE THAT:

I object to the enforcement of the Tribunal's Order dated the ....... day of ................199... to pay money as an alternative to compliance with a work order, on the ground that I have fully complied with the work order.

.............................................................................................

(Name and Signature of person filing objection)

_____

SMALL CLAIMS TRIBUNALS DECREE

Form 4

APPLICATION TO ENFORCE WORK ORDER
Section 31

Claim Number: ......

To: The Registrar, Small Claims Tribunal

AND

.................................................................................................

(here insert name and address of Party ordered to perform work order)

TAKE NOTICE THAT:

I claim that the work order may by the Tribunal on the ....... day of ........................... 199... has not been carried out nor has the alternative money order been complied with;

(2) I require the enforcement of the said work order.

.....................................................................
(Name and Signature of person who seeks the enforcement of the work order)

Dated this .................... day of ....................... 19.... .

______

SMALL CLAIMS TRIBUNAL DECREE

Form 5

APPLICATION FOR REHEARING
Selection 32

Claim Number: ........

To: The Small Claims Tribunal at ...................................................

AND:

.....................................................................................

(here insert name and address of the other parties)

TAKE NOTICE THAT

...................................................................................................................

(here insert name and address of applicant)

Hereby applies for an order that the claim herein be reheard, for the following reasons-

........................................................................................

(here set out reasons why a rehearing is sought)

...........................................
Signature of Applicant

Dated ............. this ........... day of ........... 199....

_________

SMALL CLAIMS TRIBUNAL DECREE

Form 6

NOTICE OF APPEAL
Section 33

Claim Number: .......

TAKE NOTICE THAT

..........................................................................................

(here insert name and address of party who is appealing)

Hereby appeals against the order of the Small Claims Tribunals at ................. made on the .............. day of ...................... 19... on the following grounds-

........................................................................................................

(here set out grounds, bearing in mind that the right of appeal is limited by section 33(1))

...................................................
Signature of Applicant

Dated this ......... day of ............... 19...

______

SECOND SCHEDULE

Fee for lodging document in a Small Claims Tribunal

For each claim or counterclaim .......................................................$5.00

For each application for a rehearing ..................................................$10.00

For each notice of appeal .............................................................$10.00

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