- Laws of Fiji

Last Updated: 1 December 2016

[FAM 12,250] Evidence in support8.32

8-32

Unless the court otherwise orders, on an application made ex parte, the applicant shall establish, by affidavit or with the leave of the court by oral evidence—

(a)whether there have been any previous proceedings between the parties and, if so, the nature of those proceedings;
(b)the particulars of any orders currently in force between the parties, specifying the courts in which those orders were made;
(c)the steps that have been taken to inform the respondent or the respondent’s legal representative of the applicant's intention to make the application or, where no such steps have been taken, the reasons why no such steps have been taken;
(d)the nature and immediacy of the damage or harm which may result if the order sought in the application is not made;
(e)the grounds upon which the applicant claims that the making of the order sought in the application is a matter of urgency and the reasons why, in lieu of the making of an order ex parte, an abridgement of the time for service of the application and the fixing of an early date for hearing would not be appropriate; and
(f)the other facts, matters and circumstances relied upon by the applicant in support of the application.