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Vanuatu Consolidated Legislation - 1988 |
Commencement: 30 July 1980
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 122
COURTS
JR 30 of 1980
Act 10 of 1983
Act I8 of 1986
ARRANGEMENT OF SECTIONS
SECTION
PART I
The Magistrates' Courts
1. Establishment of Magistrates' Courts
3. Contempt of Magistrates' Courts
4. Jurisdiction of Magistrates' Courts
5. Appointment of magistrates
9. Other officers of Magistrates' Courts
10. Concurrent jurisdiction of Supreme Court
11. Reservation of questions of law
12. Constitution of Magistrates' Courts
PART II
The Supreme Court
14. Constitution of Supreme Court
15. Jurisdiction of judges and Supreme Court throughout the Republic
16. Appeals from Magistrates' Courts
23. Contempt of court
PART III
The Court of Appeal
26. Appellate jurisdiction
PART IV
Supplementary Provisions
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COURTS
To provide for the Courts of the Republic of Vanuatu.
PART I
THE MAGISTRATES' COURTS
ESTABLISHMENT OF MAGISTRATES' COURTS
(2) There shall be such number of Magistrates' Courts in the Republic of Vanuatu and every such Magistrate's Court shall have such territorial jurisdiction as the Minister shall by Order prescribe.
(3) Any power, authority, function or discretion vested in a Magistrate's Court by this Act or by any other law shall be possessed and may be exercised by any magistrate having jurisdiction.
(4) Every Magistrate's Court shall try criminal causes without a preliminary judicial enquiry.
TERRITORIAL JURISDICTION OF MAGISTRATES' COURTS
(2) The jurisdiction of each Magistrate's Court shall extend over any territorial waters adjacent to the district in which it is constituted as well as over inland waters whether within or adjacent to such district.
(3) When any proceedings are commenced before a Magistrate's Court by reason of anything which has been done or of any consequence which has ensued, such proceedings may be tried by a Magistrate's Court within the limits of whose jurisdiction such thing has been done or such consequence has ensued.
(4) Whenever a Magistrate's Court assumes jurisdiction over any proceedings pursuant to this section, the jurisdiction of every other Magistrate's Court over such proceedings shall be thereby extinguished.
CONTEMPT OF MAGISTRATES' COURTS
JURISDICTION OF MAGISTRATES' COURTS
(a) any criminal proceedings for an offence for which the maximum punishment prescribed by law does not exceed imprisonment for a term of 2 years; or
(b) any civil proceedings in respect of which jurisdiction is by any written law expressly conferred upon a Magistrate's Court.
(2) Notwithstanding the provisions of subsection (1), a Magistrate's Court may when presided over by a Senior Magistrate and at the discretion of the prosecutor, or if there is no prosecutor at the discretion of the Court, try summarily any criminal proceedings for an offence for which the maximum punishment prescribed by law does not exceed imprisonment for a term exceeding 5 years but shall not be empowered in the case of a conviction to impose any punishment in excess of the punishment prescribed in subsection (1)(a).
(3) Notwithstanding the provisions of subsection (1) or of any other law, the Supreme Court, may, in respect of a particular class of proceedings or a particular case, by order under its seal invest a Magistrate's Court with jurisdiction to try any proceedings which would otherwise be beyond its jurisdiction.
(4) Where in any criminal proceedings consecutive sentences are imposed by a Magistrate's Court in respect of 2 or more distinct offences arising out of the same facts, it shall not be necessary for such Magistrate's Court to send the offender for trial before the Supreme Court by reason only that the aggregate punishment for the several offences in respect of which such sentences are imposed is in excess of the punishment which it is competent to impose on conviction for a single offence:
Provided that the aggregate punishment imposed in the form of consecutive sentences shall not exceed twice the amount of the punishment which such Magistrate's Court is competent to impose in respect of I offence in the exercise of its jurisdiction.
APPOINTMENT OF MAGISTRATES
(2) Any fit and proper person may be appointed to be a magistrate to hold a Magistrate's Court and to exercise jurisdiction in criminal cases and matters over any offence for which the maximum punishment prescribed by law for such offence does not exceed imprisonment for a term of 3 months and in civil proceedings in such cases or classes of case as the Minister shall by Order prescribe and such persons when so appointed shall have and may exercise the powers and jurisdiction conferred upon Magistrates' Courts by this Part or by any other law to the extent authorised by the limits of jurisdiction aforesaid.
(3) A magistrate appointed under subsection (2) may be appointed in an honorary capacity; he shall be entitled to such attendance, travelling, subsistence and other allowance as shall be prescribed by the Minister by Order.
(4) Except where the context otherwise requires the word "magistrate" wherever used shall include a "Senior Magistrate".
TERRITORIAL JURISDICTION OF MAGISTRATES
DISQUALIFICATION OF MAGISTRATES
(2) If a magistrate shall refuse an application that he disqualify himself made under subsection (1), the accused shall have an immediate right of appeal against such refusal and if the accused wishes so to appeal, the proceedings shall be adjourned until the appeal has been heard and determined.
CLERKS OF COURT
Provided that if no such clerk of Court is appointed or in the event of the absence or incapacity of the clerk the magistrate may appoint any person to perform the duties of the clerk of the Court or may himself perform such duties.
(2) The duties of every clerk of Court shall be prescribed by Rules of Court.
OTHER OFFICERS OF MAGISTRATES' COURTS
CONCURRENT JURISDICTION OF SUPREME COURT
RESERVATION OF QUESTIONS OF LAW
(2) Notwithstanding the provisions of section 14 the Supreme Court shall be constituted for the purposes of subsection (1) by a single judge sitting alone.
CONSTITUTION OF MAGISTRATES COURTS
12. Every Magistrate's Court shall be presided over by a magistrate sitting alone.
PART III
THE SUPREME COURT
ADMINISTRATION OF SUPREME COURT
CONSTITUTION OF SUPREME COURT
(2) If a judge in any civil proceedings is of the opinion that the case before him is of such a nature that it is unsuitable that assessors should sit with him he may dispense with them.
(3) In exercise of its jurisdiction under Articles 6, 16(4), 39(3), 53 and 54 of the Constitution, the Supreme Court shall be constituted by one judge of the Supreme Court sitting without assessors.
JURISDICTION OF JUDGES AND SUPREME COURT THROUGHOUT REPUBLIC
(2) Subject to any Rules of Court, any process of the Supreme Court shall run, and any judgment shall have full force and effect and may be executed and enforced, in any part of the Republic of Vanuatu.
APPEALS FROM MAGISTRATES' COURTS
(2) On every such appeal the procedure and the findings, whether of fact or law, of the court appealed from shall be subject to review by the appellate court which shall be entitled to substitute its own judgment or opinion thereon save that the appellate court shall not interfere with the exercise by the court appealed from of a discretion conferred by any written law unless the same was manifestly wrong.
(3) The Supreme Court may in its discretion deal with the appeal on the notes of evidence recorded in the case without hearing any such evidence again.
APPOINTMENT OF SUPREME COURT JUDGES TO COURT OF APPEAL
REVISIONAL JURISDICTION OF SUPREME COURT IN CRIMINAL CASES
(2) If upon reviewing the proceedings, the Supreme Court is of opinion, by reason of new evidence or otherwise, that a miscarriage of justice has, or may have, occurred, the Court may -
(a) set aside the conviction, in which case the person convicted, if imprisoned, shall be forthwith set at liberty, or, if fined, shall be refunded the amount of the fine paid and all accessory penalties and other orders shall be annulled;
(b) set aside the conviction and order a new trial before the court which heard and determined the proceedings in question;
(c) make such other order as justice may require and give all necessary and consequential directions.
DISCIPLINE OF JUDICIARY
ACTING JUDGES
(2) Any person appointed under the provisions of subsection (1) to act as a judge shall, unless he earlier resigns his acting office or is removed therefrom under Article 47(3) of the Constitution, continue so to act until the end of the period for which he was appointed or, if he was not appointed for a specified period, until his appointment is revoked by the authority which appointed him.
JUDGE MAY SIT AFTER APPOINTMENT TERMINATED
OFFICERS OF COURTS
Provided that a judge may, subject to any directions given by the Minister, appoint a person temporarily to discharge, in relation to any cause or matter, the duties of a registrar or other officer of the Court, and such person shall discharge such duties accordingly.
(2) Any appointment made under the provisions of subsection (1) may, at any time, be revoked by the Judicial Services Commission.
CONTEMPT OF COURT
PART IV
THE COURT OF APPEAL
OFFICERS
Provided that any officer of the Supreme Court may be appointed to fulfil similar duties in the Court of Appeal.
(2) There shall be 1 registry of the Court of Appeal which shall be situated in Port Vila.
DISQUALIFICATION OF JUDGES IN CERTAIN CASES
(2) No judge of the Supreme Court whose judgment is under consideration in any proceeding before the Court of Appeal shall be qualified to sit as a member of the Court of Appeal in that proceeding.
APPELLATE JURISDICTION
(2) On every such appeal the procedure and the findings, whether of fact or law, of the Court appealed from shall be subject to review by the appellate Court which shall be entitled to substitute its own judgment or opinion thereon save that the appellate Court shall not interfere with the exercise by the Court appealed from of a discretion conferred by any written law unless the same was manifestly wrong.
(3) The Court of Appeal may in its discretion deal with the appeal on the notes of evidence recorded in the case without hearing any such evidence again.
(4) In the exercise of the appellate jurisdiction of the Court of Appeal under this section, any judgment of the Court shall have full force and effect and may be executed and enforced in like manner as if it were an original judgment of the Supreme Court.
PART V
SUPPLEMENTARY PROVISIONS
SEALS
PROTECTION OF JUDICIAL AND OTHER OFFICERS
INHERENT POWERS OF COURTS
(2) For the purpose of facilitating the application of any written law or custom any provision may be construed or used with such alterations and adaptations as may be necessary and every Court shall have inherent and incidental powers as may be reasonably required in order properly to apply such written law or custom.
RULES OF COURT
Provided that Rules prescribing or affecting the amount of any fees or the recovery thereof shall not come into operation unless approved, either before or after being made, by the Minister.
(2) The Judicial Services Committee means a Committee consisting of the Chief Justice as chairman, the Attorney General and a legal practitioner appointed by the Minister responsible for Justice, as members.
____________________________
[Subsidiary]
SUBSIDIARY LEGISLATION
COURT FEES RULES
Gazette 19 of 1983
Gazette 7 of 1984
Gazette 38 of 1985
Gazette 5 of 1986
Gazette 13 of 1986
ARRANGEMENT OF RULES
RULES
SCHEDULE
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SUBSIDIARY LEGISLATION
COURT FEES RULES
FEES OF COURT
EXEMPTION FOR FOREIGN STATES
PAYMENT OF FEES
________________________________
[Subsidiary]
SCHEDULE
Column 1 Column 2 Column 3
CIVIL CAUSES OR MATTERS MAGISTRATE'S SUPREME
COURT COURT
1. In claims for liquidated sums:
Not exceeding VT50,000 VT2,000
VT100,000 VT3,000
VT200,000 VT3,000 VT5,000
Exceeding VT200,000 VT4,000 VT6,000
2. In claims for permanent physical damage:
Not exceeding VT200,000 VT3,000
Exceeding VT200,000 VT4,000 VT6,000
3. In claims between landlords and tenants:
Where value does not exceed VT500,000 VT4,000
Where value exceeds VT500,000 VT6,000
(a) Maintenance of Family Act, Cap. 42 VT2,000
(b) Maintenance of Children Act, Cap. 46 VT2,000
5. On summons or citation where judicial relief is
sought and the amount involved cannot be
estimated VT4,000 VT6,000
6. On every application, motion or summons not
otherwise specifically charged VT3,000 VT5,000
calculated on the corresponding fee payable on the issue
of a summons
corresponding fee payable on the issue of a summons
9. On hearing:
(a) If defendant admits claim or makes default NIL NIL
(b) If contested, a fee of the same amount as
the fee payable on the issue of a summons
for each day or part of a day
MISCELLANEOUS CIVIL MATTERS
1. On making verbal application to the registrar VT500 VT1,000
2. On order of reference to referees etc. VT1,000 VT1,000
3. On the hearing of a reference before an official
referee for every day or part thereof VT3,000 VT4,000
4. On commission to take evidence VT2,000 VT2,000
5. On filing any affidavit, notice or other document VT200 VT2,000
6. On every subpoena VT200 VT1,000
7. On swearing affidavit or making declaration if
not specifically charged (for each deponent) VT100 VT500
8. On marking every exhibit or document annexed
thereto VT50 VT200
evidence in any cause or matter before the court
or referee or arbitrator appointed by the court or
agreed on between the parties VT50 VT200
of a deed for each document or deed and each copy
thereof (irrespective of the number of parties) VT500 VT1,000
copy, if not otherwise specifically charged, for each page
(a) of foolscap or smaller size VT100 VT500
(b) of larger size VT150 VT200
12. On affixing the seal of the court to any document
not in a proceeding VT150 VT500
13. On every formal decree VT2,000 VT2,000
14. On every order drawn up, and every office copy
of an order, if not otherwise specifically charged VT2,000 VT2,000
15. On issuing writ of habeas corpus VT1,000
16. On issuing warrant for the arrest of a party
or witness VT200 VT1,000
17. On writ of foreign attachment VT1,000
18. On granting certificate of purchase of a land lease
sold under a decree, for every VT10,000 and also for
every fractional part of VT10,000, of the purchase price VT1,000
19. For taking and putting into writing the statement
of any person by direction of the court VT2,000 VT1,000
20. For taking inventory of property by direction of
the court for each day or part of a day VT2,000 VT2,000
21. For searching the archives: per day
(a) Covering a period of not more than
6 months VT2,000 VT1,000
(b) Covering a period of more than 6 months VT3,000 VT2,000
referee to view land (besides travelling expenses)
from each party for each day or part of a day VT2,000
23. For making a copy of any document or proceedings - for each page
(a) of foolscap or smaller size VT150 VT150
(b) of larger size VT150 VT150
24. Appearance in chambers on any matter VT3,000 VT5,000
25. Appointment of Notary Public or Commissioner
for Oaths VT5,000
26. Divorce applications in chambers or court per day
or part of a day VT5,000
27. Any application in company matters VT2,000
28. Application to register bill of sale VT2,000
29. Application to discharge bill of sale VT500
30. Resealing of probate or letters of administration VT2,000
31. The following filing fees shall be taken in the registry of
the Supreme Court on the real and personal estate of
deceased persons possessing property in Vanuatu -
VT500,000 and above VT50,000
32. Where it appears to the Chief Justice that the payment of
any fee under item 31 would, owing to the exceptional
circumstances of the particular case, involve undue
hardship, the Chief Justice may reduce or remit the fee in that case.
EXECUTION IN CIVIL PROCEEDINGS
1. On an application to enforce any order by attachment
or committal of judgment debtor to prison VT1,000 VT1,000
2. For execution of every writ or warrant against
property VT2,000 VT2,000
3. If bailiff in possession, for every day VT1,000 VT1,000
4. Appointment of bailiff VT1,000 VT1,000
5. For executing writ of possession or delivery VT2,000 VT5,000
6. For sale under execution or distress warrant,
including the receipt of the purchase money
and delivery of property:
Calculated on the amount of the purchase money 10% 10%
examination as to judgement-debtor’s means VT3,000 VT5,000
to prison (besides travelling expenses) VT2,000 VT5,000
as the Court may prescribe not exceeding VT5,000
SERVICE IN CIVIL PROCEEDINGS
Process on each party or witness VT2,000 VT1,000
Where service is to be effected more than 2 miles from
the court-house, a minimum fee of VT100 per mile,
together with reasonable travelling expenses actually
incurred, shall be payable in addition to the service fee
2. Preparing affidavit of service, if ordered by court VT2,000 VT1,000
INTERPRETATION IN CIVIL PROCEEDINGS
Constitutional matters per day or part thereof VT20,000
Non-constitutional matters per day or part thereof VT10,000
NON-CONTENTIOUS PROCEEDINGS
On any application in chambers VT3,000 VT5,000
CIVIL APPEALS
(including setting down and notice of hearing) VT5,000 VT10,000
decision (including setting down and notice of
hearing) VT5,000 VT10,000
3. On an application for:
(a) enlargement of time;
(b) fixing or dispensing with security;
(c) leave to amend;
(d) directions for service;
(e) stay of execution; or
(f) any interim or other order VT5,000 VT10,000
4. On filing respondent's notice VT5,000 VT5,000
5. On every bond or deposit VT2,000 VT5,000
6. On justification of each surety VT1,000 VT1,000
7. On filing any affidavit or other document unless
otherwise provided VT2,000 VT2,000
8. For copies of the record of the appeal for the use of the court - for every page
(a) of the certified copy VT500 VT500
(b) of each of the uncertified copies VT250 VT500
9. For copies of the record of the appeal for any party
for every page VT300 VT300
on filing notice of appeal but if the respondent fails to
appear at the hearing, half the amount of such fee
11. For a copy of a judgment-for each page VT150 VT150
12. On entering or seating the judgment made on the
hearing of an appeal VT2,000 VT3,000
13. On entering or sealing any other order made by
the Court of Appeal or a judge thereof or a judge
of the Supreme Court including orders for security
of costs and enlargement of time VT1,000 VT3,000
14. On certifying a copy of a judgment or order as
a true copy - for each page VT500 VT500
15. On any certificate by the registrar VT500 VT500
16. On filing a bill of costs and obtaining an
appointment to tax VT5,000 VT5,000
17. On taxation on every VT1,000 or part thereof
allowed VT500 VT500
18. On a certificate or allocatur of the taxing officer VT1,000 VT5,000
Fee for Temporary Practising Certificate under the Legal Practitioners Act, Cap. 119.
The fee for a Temporary Practising Certificate under the Legal Practitioners Act shall be VT25,000 but such fee may be increased by the Chief Justice when granting a certificate.
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