Civil Procedure and Courts in the South Pacific

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Routledge, Jan 11, 2013 - 252 pages

The book compares the main rules of procedure that govern the conduct of civil cases in countries of the South Pacific region and explains their practical application in the context of the courts in which they operate. The text focuses on the rules that apply and on the High Court (Civil Procedure) Rules of 1964, which apply in the superior courts of Kiribati, Tuvalu and Solomon Islands, and the rules that apply in the superior courts of the Fiji Islands, Samoa and Tonga. It also fully discusses the new rules of civil procedure that are currently being introduced in Vanatu. The text describes recent changes to regional civil procedure rules and suggests further reforms. Legislative and case law developments are also discussed.

This book is designed for use by legal practitioners and anyone interested in civil procedure in the South Pacific region. It will also be of use to teachers and students of South Pacific civil procedure, both at degree level and in professional legal training programmes.

 

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Contents

Foreword
Table of Cases by Territory
Table of Legislation Abbreviations
DETERMINATION WITHOUT TRIAL
1
INTRODUCTION 1 SUBJECT MATTER 2 DEFINITION OF CIVIL PROCEDURE
2
THE REQUIREMENTS OF A VALID WRIT
3
PARTICULAR PLEADINGS
4
JUDGMENT AND ORDERS 8 1 Distinction between verdict judgment and orders
8
INTRODUCTION
35
DISCOVERY AND INSPECTIONOFDOCUMENTS 5 1 Introduction
43
TIME
52
STRIKING
54
DISMISSAL FOR WANT OF PROSECUTION 4 1 Dismissal undertheRules
65
HEARING
115
TRIAL
76
ORDER OFTRIAL
83

INTRODUCTION
37
THE INITIAL INTERVIEW
48
LIMITATION ACTS
56
INTERLOCUTORYMATTERS 7 1 Application
61
COURTS
62
ISSUE OF PROCESS
65
SUBSTITUTED SERVICE
58
INTRODUCTION
28
OF PLEADINGS
36
PAYMENT INTO COURT 2 1 Purpose
68
TAXATION
79
EXECUTION
46
EVIDENCE
55
4Writof delivery
56
APPEAL PROCEDURE 1 INTRODUCTION
40
CONCLUSION 1 THE NEEDFOR
167
APPENDIX
174
Copyright

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