Tuvalu Island Courts Bench Book - Federal Court of Australia

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Maintenance Checklist Legal obligation or customary obligation Is there a legal or customary obligation for the defendant to maintain the applicant? There must be a legal or customary obligation to provide maintenance. Circumstances of the parties What are the relevant circumstances of all the people involved? You will need evidence of this. What is the age of the person for whose benefit the application is made? What are the financial resources of the defendant? Neglect Has the defendant wilfully neglected to provide for or make proper contribution towards reasonable maintenance for the applicant ? Declaration You must be satisfied that the defendant has neglected to provide reasonable maintenance. You may make a maintenance declaration – be clear about what the defendant must do or pay and to whom. It may be to provide shelter or money or both. Right of appeal 6.6 Enforcing a Maintenance Declaration Where a maintenance declaration has been made but has not been followed by the other party, the Court may make a maintenance enforcement order. To make such an order, the Court must take into account: • the circumstances of the case; and • the resources of the defendant: s4(1) Maintenance (Miscellaneous Provisions) Act (Cap 4). The Court may then order: • payment by the defendant to the applicant or any other person on the applicant’s behalf; • that the defendant must provide shelter for the applicant; and • any reasonable combination of money or shelter as the Court thinks fit: s4(2) Maintenance (Miscellaneous Provisions) Act (Cap 4). Tuvalu Island Courts Bench Book June 2004
If the Island Court makes a maintenance enforcement order against a defendant who is resident outside the limits of the Court’s jurisdiction, the order shall not have effect until the Magistrate’s Court has confirmed it: s4(2) Maintenance (Miscellaneous Provisions) Act (Cap 4). 6.7 Variation The Court may vary a maintenance declaration at any time on the application of either party: s6(1) Maintenance (Miscellaneous Provisions) Act (Cap 4). 6.8 Appeal Either party may appeal within 21 days from the decision of the Court 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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other person. This is a subjective
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possession. Possession does not hav
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Assault causing actual bodily harm
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Assault with intention to commit fe
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Assaulting, resisting or wilfully o
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Page 177 and 178: Simple larceny (theft) Section ss25
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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 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: 6.3 How an Application for a Mainte
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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