Supreme Court (Admiralty) Rules

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These Orders and Rules may be cited as the Supreme Court (Admiralty) Rules.
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* Approved by Order in Council dated 10th March, 1894, published in the Fiji Royal Gazette of 25th July, 1894. (See Laws of Fiji (1945 Edition), Vol. VI, page 105.)

1. All actions which prior to the commencement in Fiji of the Colonial Courts of Admiralty, 1890, were commenced by a cause in rem or in personam in the Vice-Admiralty Court of Fiji, shall be instituted in the Supreme Court by a proceeding to be called an "Action".

1. In admiralty actions in rem a warrant for the arrest of property may be issued at the instance either of the plaintiff or of the defendant at any time after the writ of summons has issued, but no warrant of arrest shall be issued until an affidavit by the party or his agent has been filed, and the following provisions complied with:-

(a) the affidavit shall state the name and description of the party at whose instance the warrant is to be issued, the nature of the claim or counter-claim, the name and nature of the property to be arrested, and that the claim or counter-claim has not been satisfied;

(b) in an action of wages or of possession the affidavit shall state the national character of the vessel proceeded against; and, if against a foreign vessel, that notice of the commencement of the action has been given to the Consul of the State to which the vessel belongs if there be one resident in Fiji, and a copy of the notice shall be annexed to the affidavit;

(c) in any action of bottomry the bottomry-bond, and, if in a foreign language, also a notarial translation thereof, shall be produced for the inspection and perusal of the Registrar, and a copy of the bond, or of the translation thereof, certified to be correct, shall be annexed to the affidavit.

2. The Court or a judge may in any case allow the warrant to issue although the affidavit in rule 1 mentioned may not contain all the required particulars; and in any action of wages the Court or judge may also waive the service of the notice and in an action for bottomry the production of the bond.

1. In admiralty actions in rem no service of writ or warrant shall be required where the barrister and solicitor of the defendant agrees to accept service and to put in bail, or to pay money into Court in lieu of bail.

2. In admiralty actions in rem the warrant of arrest shall be served by the Marshal or his substitutes, whether the property to be arrested be situate within the port of Suva or elsewhere within the jurisdiction of the Court, and the barrister and solicitor issuing the warrant shall, within six days from the service thereof, file the same in the Admiralty Registry.

3. In admiralty actions in rem, service of a writ of summons or warrant against ship, freight, or cargo on board, is to be effected by nailing or affixing the original writ or warrant for a short time on the mainmast, or on the single mast of a vessel, and, on taking off the process,, leaving a true copy of it nailed or fixed in its place.

4. If the cargo has been landed or transhipped, service of the writ of summons or warrant to arrest the cargo and freight shall be effected by placing the writ or warrant for a short time on the cargo, and, on taking-off the process, by leaving a true copy upon it.

5. If the cargo be in the custody of a person who will not permit access to it, service of the writ or warrant may be made upon the custodian.

1. A barrister and solicitor not entering appearance or putting in bail or paying money into Court in lieu of bail in an admiralty action in rem, in pursuance of his written undertaking so to do, shall be liable to an attachment.

2. In admiralty actions in rem, bail may be taken before the Admiralty Registrar or before any district registrar or commissioner to administer oaths in the Supreme Court, and in every case the sureties shall justify.

3. A bail-bond shall not, unless by consent, be filed until after the expiration of twenty-four hours from the time when a notice containing the names and addresses of the sureties and of the commissioner before whom the bail was taken shall have been served' upon the adverse barrister and solicitor, and a copy of the notice verified by affidavit shall be filed with the bail-bond.

4. In an admiralty action in rem any person not named in the writ may intervene and appear on filing an affidavit showing that he is interested in the res under arrest or in the fund in the registry.

1. In admiralty actions in rem, upon default of appearance the plaintiff at the expiration of eighteen days from the service of the writ of summons and a warrant may, upon filing his statement of claim, together with proof in support thereof, and also the writ of summons, affidavit of service, and warrant, enter the action for trial.

2. In admiralty actions in rem, upon default of appearance, if, when the action comes before him, the judge is satisfied that the plaintiffs claim is well founded, he may pronounce for the claim with or without reference to the Admiralty Registrar
or to the Admiralty Registrar assisted by merchants and may at the same time order the property to be appraised and sold, with or without previous notice, and the proceeds to be paid into Court, or may make such order as he shall think just.

3. In an admiralty action in rem, where property has been sold by the Court and the proceedings are against proceeds in Court, no warrant of arrest shall be necessary, but the plaintiff shall in lieu thereof enter a caveat payment, and service of the writ of summons upon the Registrar shall be a sufficient service.

1. In actions for damage by collision between vessels, unless the Court or a judge shall otherwise order, the barrister and solicitor for the plaintiff shall, within seven days after the commencement of the action, and the barrister and solicitor for the defendant shall, within seven days after appearance, and before any pleading is delivered, file with the Registrar or other proper officer, as the case may be, a document to be called a "Preliminary Act", which shall be sealed up, and shall not be opened until ordered by the Court or a judge, and which shall contain a statement of the following particulars:-

(a) the names of the vessels which came into collision, and the names of their masters;

(1) whether any lights of the other vessel, other than those first seen, came into view before the collision;

The Court or a judge may order the Preliminary Act to be opened, and the evidence to be taken thereon without its being necessary to deliver any pleadings; but in such case, if neither party intends to rely on the defence of compulsory pilotage, he may do so, and shall give notice thereof in writing to the other party, within two days from the opening of the Preliminary Act.

1. In admiralty actions in rem, the plaintiff shall, within twelve days from the appearance of the defendant, deliver his statement of claim.

2. The defendant shall deliver his defence within ten days after the delivery of the statement of claim.

3. The plaintiff shall deliver his reply, if any, within six days after the delivery of the defence.

4. In admiralty actions, if the defendant makes default in delivering a defence, the plaintiff may, on filing the statement of claim, set down the action on motion for judgment, and such judgment shall be given as upon the statement of claim the
judge shall consider the plaintiff to be entitled to. If the property proceeded against in action in rem remains under arrest the plaintiff shall together with the statement of claim file his proofs in support thereof.

1. A barrister and solicitor desiring to prevent the payment of money out of Court in an admiralty action shall file a notice, and thereupon a caveat shall be entered in a book, to be kept in the Admiralty Registry, called the "Caveat Payment Book".

2. Money paid into Court in an admiralty action shall not be paid out of Court except in pursuance of an order of the judge.

1. Property arrested by warrant shall only be released under the authority of an instrument issued from the registry, to be called a "Release".

2. A barrister and solicitor at whose instance any property has been arrested may, before an appearance has been entered, obtain the release thereof by filing a notice that he withdraws the warrant.

3. A barrister and solicitor may obtain the release of any property by paying into the registry the sum in respect of which the action has been commenced.

4. Cargo arrested for freight only, may be released by filing an affidavit as to the value of the freight, and by paying the amount of the freight into the registry or by satisfying the judge that it has already been paid.

5. In an action of salvage, the value of the property under arrest shall be agreed, or an affidavit of value filed, before the property is released, unless the Court or a judge shall otherwise order.

6. A barrister and solicitor,, who shall have filed a bail-bond in the sum in respect of which the action has been commenced, or paid such sum into the registry, and, if the action be one of salvage, shall have also filed an affidavit as to the value of the property arrested, shall be entitled to a release for the same, unless there be a caveat against the release thereof: outstanding in the Caveat Release Book.

7. The release, when obtained, shall be left with a notice with the Marshal or his substitute as the case may be by the barrister and solicitor taking out the same, who shall also at the same time pay all costs, charges and expenses attending the care and custody of the property whilst under arrest; and the property shall thereupon be released.

8. A barrister and solicitor in an action, desiring to prevent the release of any property under arrest in that action shall file in the registry a notice, and thereupon a caveat against the release of the property in that action shall be entered in a book to be kept in the principal registry called the "Caveat Release Book".

9. A party delaying the release of any property by the entry of a caveat shall be liable to be condemned in costs and damages unless he shall show to the satisfaction of the Court or a judge good and sufficient reason for having so done.

10. A party desiring to prevent the arrest of any property may cause a caveat against the issue of a warrant for the arrest thereof to be entered in the Admiralty Registry.

11. For the purpose in rule 10 mentioned the party shall cause to be filed in the registry a notice, signed by himself or his barrister and solicitor, undertaking to enter an appearance in any action that may be. commenced against the said property, and to give bail in such action in a sum not exceeding an amount to be stated in the notice, or pay such sum into the registry; and ha caveat against the issue of a warrant for the arrest of the property shall thereupon be entered in a book to be kept in the registry called the "Caveat Warrant Book".

12. A barrister and solicitor commencing an action against any property in respect of which a caveat has been entered in the Caveat Warrant Book shall forthwith serve a copy of the writ upon the party on whose behalf the caveat has been entered, or upon his barrister and solicitor.

13. Within three days from the service of the writ or copy thereof, the party on whose behalf the caveat has been entered shall, if the sum in respect of which the action is commenced does not exceed the amount for which he has undertaken, give bail in such sum or pay the same into the registry.

14. After the expiration of twelve days from the service of a copy of the writ as required by rule 12, if the party on whose behalf the caveat has been entered shall not have given bail in such sum, or paid the same into the registry, the plantiff’s barrister and solicitor may proceed with the action by default, and, on filing his proofs in the registry, may have the action placed on the list for hearing.

15. If, when the action comes before the judge, he is satisfied that the claim is well founded, he may pronounce for the amount which appears to him to be due, and may enforce the payment thereof by attachment against the party on whose behalf the caveat has been entered, and by the arrest of the property if it then be or thereafter come within the jurisdiction of the Court.

16. Nothing in these Rules shall prevent a barrister and solicitor from taking out a warrant for the arrest of any property, notwithstanding the entry of a caveat in the Caveat Warrant Book, but the party at whose instance any property in respect of which a caveat is entered shall be arrested, shall be liable to have the warrant discharged and to be condemned in costs and damages, unless he shall show, to the satisfaction of the judge, good and sufficient reasons for having so done.

1. Every commission for the appraisement or sale of property under the order of the Court shall, unless the Court or a judge shall otherwise order, be executed by the Marshal or his substitutes.

2. The Marshal shall pay into Court the gross proceeds of sale of any property which shall have been sold by him, and shall at the same time bring into the registry the account of the sale, with vouchers in support thereof, for taxation by the Registrar.

3. Any person interested in the proceeds may be heard before the Registrar on the taxation of the Marshal's account of expenses, .and an objection to the taxation shall be heard in the same manner as an objection to the taxation of a barrister and solicitor's bill of costs.

1. This Order shall apply, to references by the Court or a judge to the Registrar, whether the reference be to the Registrar alone or to the Registrar assisted by one or by two merchants.

2. Within twelve days from the day when the order for a reference is made, the barrister and solicitor for the claimant shall file the claim and affidavits; and within twelve days from the day when the claim and affidavits are filed, the adverse barrister and solicitor shall file his counter-affidavits.

3. From the filing of the counter-affidavits six days only shall be allowed for filing any further affidavits by either barrister and solicitor, save by order of the Court or a -judge, or by permission of the Registrar.

4. Within three days from the expiration of the time allowed for filing the last affidavits, the barrister and solicitor for the claimant shall file in the registry a notice, with the stamps for the reference placed on the list for hearing, and if he shall not do so, the adverse barrister and solicitor may apply to the Court or a judge to have the claim dismissed with costs.

5. At the time appointed for the reference, if either barrister and solicitor be present the reference may be proceeded with; but the Registrar may adjourn the reference from time to time as he may deem proper.

6. Witnesses may be produced before the Registrar for examination, and the evidence shall upon the application of either barrister and solicitor, but at the expense in the first instance of the party on whose behalf the application is made, be taken down by a shorthand-writer or reporter appointed by the Court, who shall be sworn faithfully to report the evidence, and a transcript of the shorthand-writer's or reporter's notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the Registrar's report. Evidence may be given on affidavit.

7. Barristers and solicitors may attend the hearing of any reference, but the expenses attending the employment of barristers and solicitors shall not be allowed on taxation, unless the Registrar shall be of the opinion that such attendance was necessary.

8. The Registrar may, if he think fit, report whether any and what part of the costs of the reference should be allowed, and to whom.

9. The barrister and solicitor for the claimant shall, within six days from the time when be has received a notice from the registry that the report is ready, take up and file the same in the registry.

10. If the barrister and solicitor for the claimant shall not take the steps prescribed in rule 9, the adverse barrister and solicitor may take up and file the report, or may apply to the Court or a judge to have the claim dismissed with costs.

11. A barrister and solicitor intending to object-to the Registrar's report shall, within six days from the filing of the report, file in, the registry a notice, a copy of which shall have been proviously served on the adverse barrister and solicitor; and within a further period of twelve days he shall file his petition in objection to the report.

1. In admiralty actions the Court or a judge shall have power at any stage of the proceedings in any such action upon a motion or summons by either party, for the trial to take place on an early date to be appointed by the Court or a judge, to appoint that such trial shall take place on any day or within any time which the Court or judge shall think fit, and for such purpose the Court or judge shall have power upon such motion or summons to dispense with the giving of notice of trial, or to abridge the time or times for giving such notice, for the delivery of pleadings or for doing any other act or taking any other proceeding in the action, upon such terms, if any, as the nature of the case may require.

2. The delays required by these Rules with respect to the taking of bail in admiralty actions may be dispensed with by consent of the barristers and solicitors in the action.

3. In admiralty actions a caveat whether against the issue of a warrant, the release of property, or the payment of money out of the Admiralty Registry, shall not remain in force for more than six months from the date thereof.

1. Every instrument under the seal of the Court, and prepared in the Admiralty Registry, shall be issued on a notice filed by the barrister and solicitor applying for the same, and shall bear date on the day on which it is issued.

2. Every instrument shall be served within twelve months from the day on which it bears date, otherwise the service thereof shall not be valid.

3. No instrument except a warrant shall be served on a Sunday, Good Friday or Christmas Day.

4. Every warrant or other instrument required to be served by the Marshal shall be left by the barrister and solicitor taking out the same with a notice with the Marshal or his substitute as the case may be.

5. The service of any instrument by the Marshal shall be verified by his certificate. Service of any instrument by a barrister and solicitor, his clerk, or agent, shall be verified by an affidavit.

1. In any cause or proceeding for damages arising out of a collision between two ships, if both ships shall be found to have been in fault, the rules hitherto in force in the Vice-Admiralty Court so far as they have been at variance with the rules in force in the Courts of Common Law, shall prevail.

Agreement in writing between solicitors in admiralty actions when made
order of the Court

2. Any agreement in writing between the barristers and solicitors in admiralty actions, dated and signed by the barristers and solicitors of both parties, may, if the Admiralty Registrar think it reasonable and such as the judge would under the circumstances allow, be filed, and shall thereupon become an order of the Court, and have the same effect as if such order had been made by the judge in person.

3. On filing any instrument or document in admiralty actions the barrister and solicitor shall state in writing, on a printed form, called a minute, to be obtained in the Admiralty Registry, the nature of the instrument or document filed, and the date of the filing thereof.

4. In admiralty actions a record of all such minutes as in rule 3 mentioned, and of all actions commenced, and appearances entered, and of all orders of the Court shall be entered in a book, to be kept in the Admiralty Registry, called the "Minute-Book".

1.The forms in force and used in the Admiralty Division of the High Court of Judicature in England, and contained in the Appendices to the Supreme Court (England) Rules 1883, shall, with such variations as circumstances may require, be in force and be used in admiralty actions in the Supreme Court of Fiji.

1. The fees contained in the Schedule shall be taken in the Supreme Court in admiralty causes for the several matters mentioned herein.

SCHEDULE
TABLES OF FEES TO BE TAKEN IN THE SUPREME COURT OF FIJI (ADMIRALTY JURISDICTION)

I-COURT FEES		$	c
On administering any oath or declaration in court or in chambers ..........................................................................		0.	50
On examination before him of any witness before trial....		2.	00
On any motion in chambers..............................................		1.	00
On any motion in court.......................................		2.	00
On a final decree in an uncontested action .......................		2.	00
On a final decree in a contested action..............................		10.	00
On the assessment of damages, or taking of any account, if assessed or taken by the judge, according to the case.	}From to	2. 10.	00 00
On signing or certifying any document..........................		0.	50
II-IN THE REGISTRY
1. For preparing Instruments, etc.
For sealing any writ of summons or other document required to be sealed..........................................		0.	25
For preparing any warrant, release, commission, attachment, or other instrument, required to be sealed, or any bail-bond ...................................................................		1.	00
For preparing a receivable order or a receipt for money to be paid out of Court .....................................................		0.	50
For preparing and sending any notice .............................		0	25
For preparing any other document, for every folio ..........		0.	20
Note.-The fees for preparing shall include drawing and fair copying or engrossing
2. For Filing
On filing any instrument or other document except minutes and exhibits.........................................		0.	50
3. For Evidence, etc.
For administering any oath or declaration, except before the judge ..........................................................................		0.	25
For taking down and certifying the evidence of any witness examined before him, for every folio............		0.	15
4. For the Trial, etc.
On a final decree in an uncontested action ......................		1.	00
On a final decree in a contested action .............................		2.	00
For attendance before the judge when any order is made or act done, other than pronouncing a final decree......		1.	00
Note.-The above fees shall include the entry of the decree or order in the Minute Book.
5. For References
For hearing any reference, according to the case, per day	}From to	2. 10.	00 00
For preparing the report of a reference ............................		2.	00
6. For Taxations
For taxing a bill of costs-
If the bill does not exceed ten folios ....................		1.	00
For every folio beyond ten...................................		0.	10
7. For Office Copies, etc.
For an office copy of any document, for every folio (in addition to the fee for sealing)................................		0.	10
For a search of the records by any person not a party to the action ..........................................................................		0.	25
Note.-No search-fee is to be charged to a party to the action, or to any seaman.
III-BY THE ASSESSORS
For each nautical or other assessor, whether at the examination of witnesses or at the trial of an action, or upon any assessment of damages, or taking of an account, according to the case, per day. Note.-The above fees shall be paid to the Registrar, for the assessors, and in the first instance by the party preferring the claim.	}From to	2. 10.	00 00
IV-BY A COMMISSIONER TO EXAMINE WITNESSES
For administering any oath or declaration .......................		0.	25
For taking down and certifying the evidence of any witness examined before him, for every folio..................		0.	15
V-BY A COMMISSIONER To TAKE BAIL
For attending the execution of any bail-bond ..................		1.	00
For taking any affidavit of justification ...........................		0.	25
VI-IN THE MARSHAL'S OFFICE
For executing any warrant or attachment....................		2.	00
For keeping possession of any ship, goods, or ship and goods (exclusive of any payments necessary for the safe custody thereof), for each day.................................		0.	25
Note.-No fee shall be allowed to the Marshal for the custody and possession of property under arrest, if it consists of money in a bank, or of goods stored in a bonded warehouse, or if it is in the custody of a Customs officer or other authorised person.
On release of any ship, goods, or person from arrest......		1.	00
For attending the unlivery of cargo, for each day ............		4.	00
For executing any commission of appraisement, sale, or appraisement and sale, exclusive of the fees, if any, paid to the appraiser and auctioneer...............................		2.	00
For executing any other commission or instrument........		2.	00
On the gross proceeds of any ship, or goods, etc., sold by order of the Court- If not exceeding $200................................. For every additional $200 or part thereof......... Note: - If the Marshal, being duly qualified, acts as auctioneer, he shall be allowed a double fee on the gross proceeds.		2. 1.	00 00
On a final decree in an uncontested action ......................		1.	00
On a final decree in a contested action .............................		2.	00
Note.-If the Marshal or his officer is required to go any distance in execution of his duties, a reasonable sum may be allowed for travelling, boat-hire, or other necessary expenses in addition to the preceding fees.

VII-BY BARRISTER AND SOLICITOR ACTING AS SOLICITOR
Retaining fee.....................................................................		1.	00
For preparing a writ of summons (to include attendances in the registry for sealing the same)..................................		1.	00
For bespeaking and extracting any warrant or other instrument prepared in the registry (to include attendances)......................................................		1.	00
For serving a writ of summons or a subpoena .................		0.	50
For taking instructions for a petition or answer............		2.	00
For drawing a petition or answer......................................		0.	50
For taking instructions for any further pleading ..............		2.	00
For drawing any other document, for every folio..........		0.	10
For fair-copying or engrossing any document, for every folio...................................................................................		0.	` 05
For taking instructions for any affidavit (unless made by the barrister and solicitor or his clerk) or for interrogatories or answers, according to the nature or importance thereof	}From to	0. 2.	50 00
For taking instructions for brief......................................	{From to T	0. 2.	50 00
For attending counsel in conference or consultation ........		1.	00
For attending to fee counsel .............................................		1.	00
For attendance on any motion before the judge- If with counsel...................................................... If without counsel.....................................		1. 2.	00 00
For attending the examination of witnesses before the trial, for each day- If with counsel...................................................... If without counsel.................................................		2. 4.	00 00
For attendance at the trial, for each day ...........................	{From to	2. 6.	00 00
For attendance at the delivery of judgment, if reserved ...		1.	00
For attendance at the hearing of a reference to the Registrar, for each day- If with counsel .................................................... If without counsel ...............................................	{From to {From to	2. 4. 2. 10.	00 00 00 00
For any other necessary attendance before the judge, or in the registry, or on the Marshal, or on the adverse party or barrister and solicitor, in the course of the action....... Note.-Where more than one document can conveniently be filed, or one document can be filed and another bespoken, at the same time, the fee for one attendance only shall be allowed.		0.	50
For any necessary letter to the adverse party ...................		0.	35
For serving any notice ......................................................		0.	25
For extracting and collating any office copy obtained from the registry, for every folio..............................		0.	03
For correcting the press, for every folio.....................		0.	02
For attending the taxation of any bill of costs, not exceeding ten folios............................................		1.	00
For every folio beyond ten....................................		0.	05
VIII-BY BARRISTER AND SOLICITOR ACTING AS COUNSEL
Retaining fee.....................................................................		2.	10
For settling any pleading, interrogatories, or answers, etc......................................................	{From to	2. 8.	10 40
For any necessary consultation in the course of the action ................................................................................	{From to	2. 4.	10 20
For any motion...............................................................	{From to	2. 6.	10 30
For the examination of witnesses before the trial, for each day..........................................................	{From to	4. 8.	20 40
For the trial of an uncontested ................................	...........	4.	20
For trial of contested action, for the day after the first ...............................................	{From to	6. 21.	30 0
For each day after the first...................................	{From to	4. 10.	20 50
For attending judgment if reserved...........................	{From to	2. 4.	10 20
For the hearing of a reference to the Registrar, for each day .................................................................................... Note.-Where the same practitioner acts as both counsel and solicitor, he may, for any proceeding in which a counsel's fee might be allowed, charge such fee in lieu of a solicitor's fee.	{From to	4. 10.	20 50

The allowances to witnesses for loss of time and travelling expenses shall be according to the scale for the time being in force in the Supreme Court.

Fiji Court Rules

Supreme Court (Admiralty) Rules