Tuvalu Island Courts Bench Book - Federal Court of Australia

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3.6 Associated Proceedings In any matrimonial proceedings under the Matrimonial Proceedings Act (Cap 21), the Court may make any other orders. These may relate to: • custody of the children (if any); • matrimonial property; or • maintenance. For the Island Court to make any such orders, both parties must consent after the commencement of proceedings and the Court must be satisfied that there are no major problems relating to any of these associated proceedings. See s5 Matrimonial Proceedings Act (Cap 21). 3.7 Divorce Checklist The checklist on the following page provides a useful approach to considering divorces. Tuvalu Island Courts Bench Book June 2004
Divorce Checklist Jurisdiction Are both the parties citizens of Tuvalu? If one of the parties is living overseas, they must have given consent in writing and proof of service must be shown Have the parties agreed to the divorce? You only have jurisdiction to hear the case if both parties consent. Are there any associated proceedings, related to matrimonial property, custody of children or maintenance? If yes, have the parties agreed on these proceedings? Are these proceedings complex or might there be major problems relating to them? Petition You must refer the case to the Magistrate’s Court if: • the parties do not agree to divorce or to the associated proceedings; or • if the associated proceedings are complex or there may be major problems relating to them. Has the petitioner filled out Form 1 correctly and included all relevant information? Has the petitioner included the marriage certificate or a certified copy? Consent If not, refer the petition back to the petitioner to complete. Do the parties consent – if both are not present, do you have consent to all the issues in writing, dated after the commencement of the proceedings? Grounds for divorce You only have jurisdiction to grant divorce where the parties consent. Have you been given evidence to satisfy you that the marriage is completely broken down? Associated Proceedings You must be satisfied that the marriage has completely broken down. Do the parties agree on the arrangements for children, maintenance and property division? Remember that the welfare of the children is of paramount importance. You only have jurisdiction to make orders where the parties consent. If not, refer the case to the Magistrate’s Court. 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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Refusal to leave licensed premises
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Possession of a dangerous weapon on
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Possession of a dangerous weapon wh
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Drinking alcohol in prohibited publ
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The following offences are usually
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• The person named in the charge
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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 and 204: F: FAMILY This part generally descr
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: The Court may forego attempts at re
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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