Tuvalu Island Courts Bench Book - Federal Court of Australia

Civil
See s5 and Schedule 1 Island Courts Act (Cap 3).
Island Courts may hear claims in:
• contract (agreements made between two or more persons), including debts; and
• tort (civil wrongs to persons and property).
The value of the property, debt or damage claimed must be under $60. An applicant may reduce
the claim in order to bring it within the jurisdiction of the Island Court.
Claims may be brought by:
• private individuals;
• businesses; or
• Kaupule.
Family
See s5 and Schedule 1 Island Courts Act (Cap 3).
Island Courts can consider:
• a petition for divorce under the Matrimonial Proceedings Act 1984 (Cap 21);
• an application for custody under the Custody of Children Act (Cap 20);
• an application for maintenance under the Maintenance (Miscellaneous Provisions) Act
(Cap 4);
• an application for a marriage licence: s11 Marriage Act (Cap 29).
These must be brought by private individuals, one of whom must reside on the island.
No jurisdiction
No Island Court can hear any case that should be heard by a Lands Court: Schedule 1, para 2
Island Courts Act (Cap 3). This includes any claim concerning:
• money or compensation arising from use of the land; and
• paternity.
Tuvalu Island Courts Bench Book June 2004