Tuvalu Island Courts Bench Book - Federal Court of Australia

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A decision, judgment or order of the Island Court cannot be revised if: • 12 months have passed from the date of the decision, order or judgment of the Island Court; and • no action has been taken by any Magistrate under the revision power of s37 Island Courts Act (Cap 3). Tuvalu Island Courts Bench Book June 2004
F: FAMILY This part generally describes the family jurisdiction of the Island Court. It: • sets out the extent of your family jurisdiction; • describes the processes, from pre-trial to determination; • provides best practice guidance in the conduct of family proceedings; • provides a guide to the orders you may make. Tuvalu Island Courts Bench Book June 2004
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Tuvalu Island Courts Bench Book Pro
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nor this Book would be as effective
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2 Conduct in Court 2.1 Preparing fo
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E Civil 1 Introduction 2 Civil Juri
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Pacific Judicial Education Programm
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Tuvalu Island Courts Bench Book Jun
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The independence of the Judiciary i
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The Constitution gives immunity to
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2.2 General Characteristics of the
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2.4 A Brief Description of the Cour
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The Sovereign in Council is the Que
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The following people may not be app
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3.6 Procedures Procedures establish
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Any statute or regulation passed af
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Customs must be taken into consider
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5.3 The Important Rules of Evidence
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For example, X has been prohibited
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Term Adjournment Meaning When a cas
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Impartial/Impartiality Being free o
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Tort A wrong committed by one perso
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Tuvalu Island Courts Bench Book Jun
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1.2 “Do Right” Integrity You sh
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This principle touches several diff
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2 Conduct in Court 2.1 Preparing fo
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• Never make fun of a party or wi
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It is your responsibility to ensure
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C: CRIMINAL This part describes the
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1 Criminal Jurisdiction of the Isla
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Act Section Description Penal Code
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Act Section Description Marriage Ac
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4 How a Case Gets to Court Criminal
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In any case before the Court, the d
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The person should be in attendance
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6.4 The Defence The defence does no
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Mental capacity (called the mens re
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8.1 Principles Governing Decision M
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8.3 A Structured Approach to Making
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Criminal Decision Format Follow thi
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9.1 Principles of Sentencing It is
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Customary considerations Custom may
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9.4 Types of Sentence The Island Co
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Discharge (Absolute) Imposed where
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When a case has been decided on app
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Assistance for the young person Usu
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11.4 Sentencing Young Offenders Par
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D: COMMON OFFENCES This part is a q
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The following offences are those th
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Drunk and disorderly Section s167(d
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Defences If the prosecution has pro
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Words or behaviour There must be go
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Public place The prosecution must p
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Legal excuse The prosecution must p
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Took and carried away The prosecuti
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The prosecution must provide eviden
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Larceny (theft) or destruction of t
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This is a subjective test - it is t
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In Court, the prosecution should id
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Larceny (theft) of or destruction/d
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Defences If the prosecution has pro
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Larceny (theft) of or damage to fix
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For a charge of stealing: Took and
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Going armed in public Section s25 P
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Sentence The maximum penalty is imp
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Place The fight may be in a public
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Driving while unlicensed Section s1
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Breach of provisional driving licen
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Careless driving Section s20 Traffi
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Taking a vehicle without authority
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Driving while impaired by alcohol o
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Speeding Section reg7(1), (2), (3)
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Traffic Act offences where no speci
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Drunkenness on licensed premises Se
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Charges under s98(1) License holder
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Supplying a minor Section s99(1) an
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Under age drinking on licensed prem
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Page 153 and 154: Possession of a dangerous weapon on
Page 155 and 156: Possession of a dangerous weapon wh
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Page 159 and 160: The following offences are usually
Page 161 and 162: • The person named in the charge
Page 163 and 164: other person. This is a subjective
Page 165 and 166: possession. Possession does not hav
Page 167 and 168: Assault causing actual bodily harm
Page 169 and 170: Assault with intention to commit fe
Page 171 and 172: Assaulting, resisting or wilfully o
Page 173 and 174: Assaulting, resisting or obstructin
Page 175 and 176: Assaulting any person in execution
Page 177 and 178: Simple larceny (theft) Section ss25
Page 179 and 180: The accused will have to establish
Page 181 and 182: Tuvalu Island Courts Bench Book Jun
Page 183 and 184: 3 Civil Procedure Writ filed. Date
Page 185 and 186: Upon a request for a subpoena of a
Page 187 and 188: 5 Judgment Once all the evidence ha
Page 189 and 190: If you order imprisonment for defau
Page 191 and 192: 6 Contracts 6.1 What is a Contract?
Page 193 and 194: Certainty The general rule is that
Page 195 and 196: A breach of contract can take many
Page 197 and 198: Validity Is there any reason to mak
Page 199 and 200: 3. Damage or harm as a direct cause
Page 201: 8 Appeals and Revisions 8.1 Appeals
Page 205 and 206: 1 Family Jurisdiction See s5 and Sc
Page 207 and 208: 2 Marriage The law on Marriage is f
Page 209 and 210: 2.3 The Special License Hearing Thi
Page 211 and 212: 3.3 How a Divorce Case Gets to Cour
Page 213 and 214: The Court may forego attempts at re
Page 215 and 216: Divorce Checklist Jurisdiction Are
Page 217 and 218: If you are not satisfied that adequ
Page 219 and 220: 4.6 Interim Hearing An interim-hear
Page 221 and 222: 5 Matrimonial Property In divorce p
Page 223 and 224: 6.3 How an Application for a Mainte
Page 225 and 226: If the Island Court makes a mainten
Page 227 and 228: CRIMINAL FORMS: 1. Charge 2. Summon
Page 229 and 230: CIVIL FORMS: 11. Writ of summons 12
Page 231 and 232: FAMILY FORMS: 17. Divorce petition
Page 233 and 234: CASES: High Court of Tuvalu 2002 an
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Tuvalu Island Courts Bench Book - Federal Court of Australia

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