Civil

High Court

Key Information

CONTACT THE HIGH COURT

The High Court Registry is responsible for the safe custody and safekeeping of Court records; collecting and accounting for all fees received by the Court; and all aspects of proceedings and appeals.

 

The Principal Registry of the High Court of Fiji is situated at the Government Building in Suva. The divisional offices of the Registry are in Lautoka and Labasa.

 

BUSINESS HOURS:

Mondays – Thursdays: 8:00 AM – 4:30 PM

Fridays: 8:00 AM – 4:00 PM (except for Public Holidays)

 

 

CONTACT DETAILS:

 

SUVA

Government Buildings, Victoria Parade, Suva
PO BOX 2215 Government Bldgs, Suva

 

CR’S OFFICE SUVA

Chief Registrar – CR’s PA: +679 3211482

Deputy Registrar – DR’s Legal: +679 3211353 / krishan.prasad@live.com / krishan.prasad@judicial.gov.fj

Deputy Registrar – DR’s PA: +679 3211893

Support Staff: +679 3211269

Senior Court Officer I: +679 3211 371 / +679 9922133

Senior Court Officer II: +679 3211 885

Court Officer: +679 3211 231

General Enquiries: +679 3211 232

Probate & FNPF Clerk: +679 3211 417

High Court Civil Registry: hccivilsuva.judiciaryfiji@gmail.com

 

 

LAUTOKA

Tavewa Avenue, Lautoka
PO BOX 388, High Court, Lautoka

 

Lautoka High Court Registry
Deputy Registral (Legal): +679 666 0969 / +6799487758 / jkotovulalima@judicial.gov.fj

Senior Court Officer I: +679 666 0887 / +679 9922304

General Enquiries: +679 666 0877 / +679 9922304

Lautoka High Court Registry: ltkahighct.judiciaryfiji@gmail.com

 

Library
Librarian: +679 666 0647

 

 

LABASA

Katonivere Complex, Opposite Macuata House, Siberia Road, Labasa
PO BOX 56, High Court, Labasa

 

Labasa High Court Registry

Deputy Registrar (Legal): +679 8811772 / +679 9489683 / ashwin.kumar@judicial.gov.fj 

Senior Court Officer II: +679 881 1531 / +679 8308924

General Enquiries: +679 881 1772 / +679 8308924

Email: labasa.judiciaryfiji@gmail.com

 

 

 

CONTACT THE HIGH COURT CIVIL REGISTRY ONLINE:

 




The High Court has unlimited original jurisdiction to hear and determine any civil proceedings under any law and such other original jurisdiction as is conferred on it under the Constitution or any written law. It also has original jurisdiction in any matter arising under our Constitution or involving its interpretation.

 

The High Court has jurisdiction, subject to conferral by the written law of rights of appeal and to such requirements as may be prescribed by written law, to hear and determine appeals from all judgments of the Magistrates Court and other subordinate courts.

 

It is the Court of Disputed Returns in matters affecting elections to Parliament.

 

The High Court has jurisdiction to supervise any civil or criminal proceedings before a Magistrates Court or other subordinate courts and may, on an application duly made to it, make such orders, issue such writs and give such directions as it considers appropriate to ensure that justice is duly administered by the Magistrates Court and other subordinate courts.

 

If in any proceedings in a Magistrates Court or a subordinate court, a question arises as to the interpretation of this Constitution, the Magistrates Court or a subordinate court may decide the matter, and its decision may be appealed as of right to the High Court.

 

Probate Jurisdiction is also a section in the High Court dealing with grants and application of probate filed under the Succession, Probate & Administration Act. Order 76 of the High Court Rules and other practice directions comes into play in as far as the probate application. The Probate Section is also responsible for the registration of Wills and the processing of FNPF Invalid Nomination & Valid Minor Nominee applications. This is governed by the Wills Act (Cap 59) and the FNPF Act 2011.

 

Powers of Judges

All the judges of the Court shall have in all respects save as is expressly provided in the Act, equal power, authority and jurisdiction under the High Court Act.

Any judge of the Court may exercise all or any part of the jurisdiction vested in the Court by or under the provisions of High Court act or any other Act, and for such purpose shall be and form a Court.

 

Composition

The High Court consists of—

  • the Chief Justice;
  • such other Judges as are appointed as Judges of the High Court;
  • Masters of the High Court; and
  • Chief Registrar of the High Court.

The jurisdiction and powers of the Masters of the High Court and the Chief

Registrar of the High Court shall be prescribed by written law.

 

Probate Procedure

The Probate Division is governed by the following laws:

  1. Succession, Probate & Administration Act 1970
  2. High Court Rules- Order 76
  3. Also applicable are:
    • Chief Registrars direction 02/1994
    • Tristam and Cootes on Probates Practice 1998

 

What is a Grant?

 

1. Probate – Testate (with Will)

When a deceased has a Will and leaves properties worth over $2000.00. The Executor/Trustee is entitled to apply for Probate.

Documents required:

  • Oath of executor (includes Death Certificate and Advertisement)
  • Will

(All the documents should be original, unless otherwise by order of the court or stated in the rules.)

 

2. Letters of Administration (LA)  – Intestate (without Will)

When a person dies without a Will, then the next of kin can apply for the grant of LA.

Documents required:

  • Oath of Administration (includes Death Certificate, Children’s Birth Certificate, Marriage Certificate (if applicable) and Advertisement)
  • Administration Bond
  • Justification of Sureties

(All the documents should be original, unless otherwise by order of the court or stated in the rules.)

 

3. Letters of Administration (with Will)

This application is made in the event the Executor/ Trustee has died. In this case, the beneficiaries are entitled to apply for Letters of Administration (with Will).

Documents required:

    • Oath of Administration (includes Death Certificate, Marriage Certificate, Children’s Birth Certificate, Deed of Renunciation, Advertisement)
    • Will

(All the documents should be original, unless otherwise by order of the court or stated in the rules.)

 

4. Letters of Administration – De Bonis Non (L/A DBN)

Where the Administrator has died without administering the Estate, the next person entitled, can apply for Letters of Administration- De-Bonis Non to administer the estate.

Documents required:

  • Oath of Administration (includes Death Certificate of deceased & Administrator, Children’s Birth Certificate, Certified copy of prior grant and Advertisement)
  • Administration Bond
  • Justification of Sureties

(All the documents should be original, unless otherwise by order of the court or stated in the rules.)

 

5. Letters of Administration De Bonis Non (with Will)

Where the Executor/Trustee died without administrating the estate of the deceased, a beneficiary can apply for Letters of Administration De Bonis Non to administer the Estate.

Documents required:

  • Oath of Administration (includes Death Certificate of deceased & Administrator, Children’s Birth Certificate, certified copy of prior grant and Advertisement)
  • Copy of Will
  • Administration Bond
  • Justification of Sureties

(All the documents should be original, unless otherwise by order of the court or stated in the rules.)

 

6. Reseal

Where a deceased has assets in Fiji as well as overseas, but Probate/ Letters of Administration have been granted in an overseas jurisdiction, the Executor/ Trustee is required to ‘reseal’ the said Probate/ Letters of Administration in Fiji in order to execute for the assets in Fiji.

Documents required:

  • Oath of Executor (includes Death Certificate, Advertisement, Gazette Notice)
  • Grant of Probate or Letters of Administration from overseas jurisdiction

(All the documents should be original, unless otherwise by order of the court or stated in the rules.)

 

7. Election

When the estate value is less than $2000-00, the Public Trustee Corporation Limited has to file an application for election on behalf of the applicant (executor/trustee)

 

What is a Caveat?

Pursuant to section 46 of Succession, Probate & Administration Act, Cap 60 Any person may lodge with the Registrar a caveat against any application for probate or administration, or for the sealing of any probate or letters of administration under the provisions of this Act, at any time previous to such probate or administration being granted or sealed.

Every such caveat shall set forth the name of the person lodging the same, and an address within the city at which the notices may be served on him or her.

Any such caveat is valid for 6 months unless extended. The removal of caveats is pursuant to section 47 of the Succession, Probate & Administration Act.

 

Fiji National Provident Fund Procedures

Pursuant to Section 57 of the FNPF Act, where the nominee (not the surviving spouse of the member) is under 18, there is no nomination or an invalid nomination made by a member of FNPF, upon his/her death, such money/fund is sent to High Court for proper distribution or disposition according to law.

 

The next of kin informs the FNPF office that the member has passed away with documentary evidence and FNPF does it part to verify the information.

Upon confirmation, FNPF sends a cheque to the High Court registry in Suva.

 

The Cheque is receipted and FNPF Court file is created under the respective name of the deceased.

 

The next of kin shall apply for the distribution of fund by filing the following documents at the Suva High Court registry together with the Application for FNPF Distribution (forms provided at any High Court registry, including the website):

  • FNPF Letter 
  • Death Certificate of Deceased (Mandatory)
  • If married Marriage Certificate of Deceased (Mandatory)
  • Birth Certificate of Deceased
  • Birth Certificate of Applicant/Children
  • Divorce Order (if applicable)
  • If not married Death/ Birth Certificate of Parents of Deceased (Mandatory)
  • Death/Birth Certificate of Siblings of Deceased
  • Passport Size Photo of Applicant (certified)
  • Identification forms for Beneficiaries
  • T.I.N Letter/Joint Card
  • Current Bank Statement
  • Front copy of passport and visa status [if non-Fiji Citizen].

 

Applications may be submitted at any of the registries in other divisions (Western & Northern), however, the registration of the Application is done in the Suva High Court Registry.

 

Upon filing of complete application with the relevant documents, case number is given and the file is forwarded to a judge for the distribution order.

 

Money is disbursed by way of a cheque to the beneficiaries. However, for those beneficiaries who are under 18 years of age, the money is kept in the High Court fund for a year, in case of any withdrawal or needs by the beneficiaries.

 

If there is no application made in respect of the amount paid to High Court within one year, then the amount is repaid to the FNPF Board and credited to FNPF. Thereafter, if a person is found to be entitled to some or all of the amount credited to the FNPF, the Board must pay the person the entitled amount.

 

Judges

High Court Civil

Suva

Hon. Madam Justice Anjala Wati
Hon. Mr. Justice Brito Mutunayagam
Hon. Mr. Justice Deepthi Amaratunga
Hon. Mr. Justice David Alfred
Hon. Mr. Justice Lyone Seneviratne
Master Mr. Vishwa Sharma
Acting Master Ms. Vandhana Lal

 

Lautoka

Hon. Mr. Justice Anare Tuilevuka
Hon. Mr. Justice Mohamed Ajmeer
Hon. Mr. Mohamed Mackie
Hon. Mr Jude Nanayakkara
Acting Master Mohamed Azhar

 

Labasa

Master Ms. Siainiu Fa’alogo-Bull

 

Note: Judges from Suva preside in Labasa.

Calendar

Calendar to be updated here when dates are confirmed.

Fee(s) [VIP]

On filing a writ, petition, summons or motion for the commencement of any action $109.00

On filing an acknowledgment of service $10.90

On filing a Defence, Defence and Counter-claim, Reply and Defence to Counter-claim or Affidavit filed under Order 28 rule 2(4) in answer to (Amendment) (No. 1) Decree, affidavit filed under Order 53 rule 3(2)(b) $54.50

On filing any application, summons or notice of motion before a Judge other than 4, above $54.50

On filing from Magistrates’ Court in the High Court a Notice Of Appeal $109.00

On filing a Notice Of Appeal from the Chief Registrar or a Deputy Registrar or Master to a Judge in chambers $54.50

On filing summons to set down for trial in Court before a Judge for court hearing per day or part thereof $109.00

On the examination of a witness before an officer of the Court or a special examiner (including the examination of judgment debtor) or before trial by a judge: In any action, cause, matter of proceedings pending in the

High Court                            $54.50
In any other matter             $21.80

On issuing a summon under the Reciprocal Enforcement of Judgments Act or the Foreign Judgments (Reciprocal Enforcement) Act for leave to have a judgment registered $21.80

On entering or stealing a judgment, decree or order of the Court $10.90

On stealing a writ of execution (including a writ of attachment) $10.90

On stealing a garnishee order nisi or a charging order nisi $10.90

  1. On filing any document unless otherwise provided for (This fee is
    not payable on filing a document already stamped with a fee
    prescribed in this Appendix or on filing a legal submission,
    skeleton argument or list of authorities or on filing a notice
    withdrawing a cause or an appeal) $21.80
  2. Late filing fee (provision to Order 3 rule 4(3) $10.90

For supplying a typed: $0.55

  1. carbon or duplicated copy of any
    judgment, order decree, document or proceedings – per page
    (with a minimum fee of $0.50)
  2. For a copy, other than a photocopy, in a foreign language or for a
    copy of a plan, map, section, drawing, photograph or diagram

The reasonable costs thereof as certified by the Chief Registrar

For supplying a transcript of notes of proceedings per typed page (with a minimum fee of $5.00) $5.45

For a supplying a photocopy of any document, per page $1.10

Upon an application for the production of records or documents to be given in evidence:

  1. Where the records or documents are sent by post $5.45
  2. Where an officer is required to attend whether on subpoena or not
    his reasonable expenses and in addition for each day or part of a
    day he is necessarily absent from his office $21.80

On filing a bill of costs and obtaining an appointment to tax:

  1. For a bill not exceeding $100 ………..$21.80
  2. For a bill exceeding $100 but not exceeding $200……..$32.70
  3. For a bill exceeding $200…..$43.60
    (This fee is to be paid on the amount claimed in the bill. No additional
    fee is payable for the taxation

For preparation by the Chief Registrar of an apostile in pursuance of the Hague Convention 1961 $25.00

Wasted hearing fee:

  1. In Court not exceeding $218.00
  2. In Chambers not exceeding $109.00

Sheriff’s Fee Service [VIP]

For receiving and entering process for service $5.45

For service of any process

  1. Within 3km from the nearest Deputy Sheriff’s office $$5.45
  2. Exceeding 3km from the nearest Deputy Sheriff’s office, for every
    additional km, in addition to (a) $0.55

Fieri Facias [VIP]

Receiving and entering Writ of Execution $5.45

Receiving and entering order of suspension of execution $5.45

On every enlargement of return $3.27

Poundage for every $20 or part thereof $2.18

Precept to bailiff $5.45

Seizure or collection of the sum endorsed on the Writ of Execution without seizure:

  1. Within 3km of nearest Deputy Sheriff’s office $8.72
  2. Exceeding 3km from the nearest Deputy Sheriff’s office, for every
    additional km, in addition to (a) $0.55

For man:

  1. In actual physical possession, per diem$21.80
  2. In walking possession, per diem $5.45

In the event of a nulla bona return being rendered after due inquiries: for time spent making inquiries $10.90

Commission on sale (for every $20 or part thereof) $2.18

Delivery of goods in replevin:

  1. Within 3km of the nearest Deputy Sheriff’s office $4.36
  2. Exceeding 3km of the nearest Deputy Sheriff’s office, for every
    additional 3km in addition to (a) $0.55

For taking a replevin bond $6.54

For assignment of replevin bond $4.36

For taking a bond indemnity $6.54

When goods or animals are removed, for warehousing and taking charge of the same (including feeding of animals) $2.00 for each $40 or part thereof of the value of the goods or animal removed or of the sum endorsed on the writ of execution, whichever is the less. No fee for keeping possession of the goods or animals is to be charged after they have been removed

For work done by the Sheriff’s officer in inquiring into any claim for rent or claim to the goods $10.90

Preparing notice to execution creditor to admit or dispute claim and sending same by post $5.45

For taking and handing over possession of property specified in writ of possession:

  1. Per man, per diem $21.80
  2. Travelling expense, per km $0.55

Court hearing fee $109.00

Court hearing fee $109.00

Cost of DVD Hearing $25.00 (VIP)

Search fee $10.90

Arrest Fees [VIP]

Preparing notice to execution creditor to admit or dispute claim and sending same by post $5.45

Precept to bailiff $5.45

For every arrest or collection of the amount endorsed on the warrant by way of payment or deposit without arrest:

  1. Within 3 km of Deputy Sheriff’s office $10.00
  2. Exceeding 3km from the nearest Deputy Sheriff’s office for every
    additional km, in addition to (a) $0.50

For conveying to court or to prison from place of arrest, not exceeding per diem, in addition to reasonable travelling expenses actually incurred $15.00

On a release on bail or a bond, where authorized and filing bail bond $5.45

For assignment of bail bond $5.45

General Fees [VIP]

Receiving and entering any process not otherwise provided for $5.45

For executing a search warrant in bankruptcy or process for possession, attachment or committal or for collecting any sum entered on any process without execution:

  1. Within 3km from the nearest Deputy Sheriff’s office $8.00
  2. Exceeding 3km from the nearest Deputy Sheriff’s office per 3km ,
    in addition to (a) $0.50

For any duty not herein provided for, reasonable expenses, additional or otherwise, necessarily incurred in all matters, including subsistence allowance payable to bailiff

For Sheriff or his Deputy attending court on the hearing of interpleader proceedings:

per hour or part thereof  $5.45

Probate – Non Contentious [VIP]

NET VALUE

 

 

2,400
4,000
6,000
8,000
10,000
12,000
14,000
16,000
18,000
20,000
24,000
28,000
32,000
36,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
180,000
200,000
240,000
280,000
320,000
360,000
400,000
500,000
600,000
750,000
800,000
1,000,000

FEES

 

 

6.00
12.00
16.00
20.00
24.00
28.00
32.00
36.00
40.00
44.00
48.00
52.00
56.00
60.00
68.00
80.00
92.00
100.00
108.00
116.00
132.00
144.00
156.00
168.00
180.00
192.00
204.00
216.00
228.00
240.00
256.00
272.00
288.00
304.00
324.00
344.00

L/A (without will) + 20+9% VAT

 

$28.34
$34.88
$39.24
$43.60
$47.96
$52.32
$56.68
$61.04
$65.40
$69.76
$74.12
$78.48
$82.84
$87.20
$95.92
$109.00
$122.08
$130.80
$139.52
$148.24
$165.68
$178.76
$191.84
$204.92
$218.00
$231.08
$244.16
$257.24
$270.32
$283.40
$300.84
$318.28
$335.72
$353.16
$374.96
$396.76

Probate (with will) + 18+9% VAT

 

$26.16
$32.70
$37.06
$41.42
$45.78
$50.14
$54.50
$58.86
$63.22
$67.58
$71.94
$76.30
$80.66
$85.02
$93.74
$106.82
$119.90
$128.62
$137.34
$146.06
$163.50
$176.58
$189.66
$202.74
$215.82
$228.90
$241.98
$255.06
$268.14
$281.22
$298.66
$316.10
$333.54
$350.98
$372.78
$394.58

FPTC L/A (without will) + 15+9% VAT

$22.89
$29.43
$33.79
$38.15
$42.51
$46.87
$51.23
$55.59
$59.95
$64.31
$68.67
$73.03
$77.39
$81.75
$90.47
$103.55
$116.63
$125.35
$134.07
$142.79
$160.23
$173.31
$186.39
$199.47
$212.55
$225.63
$238.71
$251.79
$264.87
$277.95
$295.39
$312.83
$330.27
$347.71
$369.51
$391.31

Note: For every additional $200,000 or any fractional part or $200,000 a further and additional fees of $60.00.

LADBN/LADBN-WILL (standard fees) $32.70 ($30+ VAT)

RESEAL (standard fees) $43.60 ($40+VAT)

Will Registration Fees $5.45 ($5+VAT)

Grant CTC $5.45 ($5+VAT)

Caveat $5.45 ($5+VAT)

Warning to Caveator $10.90 ($10 + VAT)

Appearance to Warning $10.90 ($10 + VAT)

Search Fees $10.90 ($10 + VAT)