Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book - Federal Court of Australia Tuvalu Island Courts Bench Book - Federal Court of Australia
Tuvalu Island Courts Bench Book June 2004
1 Family Jurisdiction See s5 and Schedule 1 Island Courts Act (Cap 3). The Island Court has jurisdiction to deal with matters relating to the family, including: • granting a license to marry in certain circumstances, as provided in s11 Marriage Act (Cap 29); • applications for divorce only where: both parties to the marriage are citizens of Tuvalu; and both parties consent after the commencement of the proceedings; and the Court is satisfied there are no major problems related to associated proceedings of the divorce, like matrimonial property, maintenance and custody of children: s5(1) Matrimonial Proceedings Act (Cap 21); • any application for a child custody order under the Custody of Children Act (Cap 20), subject to s5 of that Act, or under s12 Matrimonial Proceedings Act (Cap 21); • applications for matrimonial property made under s13 Matrimonial Proceedings Act (Cap 21); • any application for maintenance order under the Maintenance (Miscellaneous Provisions) Act (Cap 4) subject to ss4 and 7 of that Act. These must be brought by private individuals, one of whom must reside on the island and the other must be resident somewhere in Tuvalu. Family Jurisdiction Matter Authority Powers of Island Court Marriage Marriage Act (Cap 29) To grant special licenses to See 2 below marry (ss8 - 12) Divorce and related proceedings See 3, 4, 5 and 6 below Matrimonial Proceedings Act (Cap 21) Where the parties agree, power to grant: • divorce; • custody; • maintenance. If the parties do not agree, the matter should be referred to the Magistrate’s Court (s5) Tuvalu Island Courts Bench Book June 2004
- Page 153 and 154: Possession of a dangerous weapon on
- Page 155 and 156: Possession of a dangerous weapon wh
- Page 157 and 158: Drinking alcohol in prohibited publ
- 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 and 202: 8 Appeals and Revisions 8.1 Appeals
- Page 203: F: FAMILY This part generally descr
- 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
<strong>Tuvalu</strong> <strong>Island</strong> <strong><strong>Court</strong>s</strong> <strong>Bench</strong> <strong>Book</strong> June 2004
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