- Laws of Fiji

Last Updated: 1 December 2016

[SCT 33] Appeals33

(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 Schedule 1, together with the fee prescribed in Schedule 2, in the tribunal within 14 days of the tribunal's order.

[subs (3) am Act 15 of 1997 s 4, effective 24 October 1997]

(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 every notice of appeal together with a notice of the time and place for hearing the appeal on every 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.