CHAN LAW

27/10/2025

Came across a Court of Appeal Ruling which refers to a case name, no citation, no date, and if already referenced, a supra. None of these helpful hints, so it became difficult to track. Searched for it on paclii- non existent! Either the judge or one of the parties got the name wrong.
When referring to a case it is most helpful if you can give the full names of parties, not just surname, court awarded number, not just an electronic citation, and date. Names of judicial officers would also help. If referring to a specific location where a quotation is extracted, give the location. Here are examples: Bal Sting v Ab Bo Can HBC 100/25B FJHC 9/25, 1 November 2025, George, AJ at [7]; Dr Eo Frill v State AAU 652/25 (an appeal from HAA 2/25L) FJCA 3/25, 2 December 2025, Qetaki, JA with Winter & Prematilaka, JJA at n 3.

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01/10/2025

Question: When did legal aid exist in Fiji? 1996? No, that's when the Act was enacted. Some of us remember being duty solicitors, until a formal office was established under the dome of Government Buildings. Even before then, there was a public defender's office. The Trust Accounts Act required a percentage of interest from trust account funds to be directed to legal aid. Try 1875 or even earlier. Back then, the test was the public interest. after all, the public purse was used, as this letter dated 22 May 1875 from the Native Affairs office reveals.

22/09/2025

Well, in the middle of a sentence, in a consultation among NGOs and some governmental agencies on draft 7 of a proposed bill on criminal records, the Acting Attorney General suddenly spots an attendee and proclaims: "hallo, Marie Chan. Everybody, this is Marie Chan". Well! The facilitator Luke Daunivalu did well to move the discussion along. Then, just before lunch time came the obligatory photo session and a side photo. Maybe the attendee earned the free lunch.

16/09/2025

While looking at the news, saw these DPP prosectors holding what looks like the annotated Crimes, Criminal Procedure and Sentencing and Penalties Acts in their hands. Let's go.

25/08/2025

How wonderful to see Nadi Magistrate, Mareta Tikoisuva in Suva, just for the weekend last month, then back to Court. For someone who had a stint at DPP and in private practice, the transition to Magistracy was smooth. Bonus: she uses the annotated laws in court.

24/07/2025

The International Court of Justice declares the existence of a human right to a clean and healthy environment Not just customary status. This cautionary advisory opinion on the Obligations of States in respect of Climate Change is instructive, even if cautionary and doesn't go far enough, according to some members of that Court. Good to see Professor Hilary Charlesworth on the panel, from International Law days at the University of Adelaide, although dissenting in some parts, Read the 140 page document:https://www.icj-cij.org/sites/default/files/case-related/187/187-20250723-adv-01-00-en.pdf . Is Fiji keeping its international obligations, via the Climate Change Act s8 to implement Nationally Determined Contribution? Will the lawbooks have to be re-written to cater for this major advisory opinion? If you've been hiding under a rock in the last 12 hours, listen to the audio. You will need to open up the local laws and international conventions to keep up with the opinion and terminology.

The International Court of Justice (ICJ) delivers its advisory opinion on the Obligations of States in respect of Climate Change.