Court of Appeal

The Nauru Court of Appeal was established in 2018 by the Nauru Court of Appeal Act 2018. Before the Court was established, appeals from the Supreme Court were lodged to and heard by the High Court of Australia pursuant to an agreement between Nauru and Australia in 1976, providing for appeals from the Supreme Court of Nauru to the High Court of Australia. However, the appeals to the High Court of Australia were only for limited matters. No appeals could be filed in some critical areas, namely:

In civil proceedings, an appeal to the Court of Appeal lies from any final judgment, decision, or order of the Supreme Court, including decisions made at first instance (including in chambers), and decisions of the District Court, Family Court, or other subordinate tribunals where a written law permits an appeal to the Supreme Court. It also includes appeals from decisions of the Nauru Lands Committee, appeals under the Refugees Convention Act 2012 in the Supreme Court’s appellate jurisdiction on questions of law only, and appeals involving the interpretation of the Constitution, as well as any other appeals required under the Nauru Court of Appeal Act 2018, other written law, or the rules of court.

In criminal proceedings, an appeal to the Court of Appeal lies from any final judgment, decision, or order of the Supreme Court in its original jurisdiction against conviction on a question of law or mixed law and fact, with leave of the Court on questions of fact only, against sentence unless fixed by law, and, with leave of the Court—against the grant or refusal of bail (including any conditions or limitations) by either the accused or the Director of Public Prosecutions. In its appellate jurisdiction, appeals lie with the leave of the Court on questions of law only (error of law), and in relation to cases stated or the Supreme Court’s revisional jurisdiction, with the leave of the Court.

A sitting of the Court is duly constituted when it comprises not fewer than three (3) Justices of Appeal, including the President of the Nauru Court of Appeal. Where the President considers it impracticable to convene a bench of three Justices of Appeal, the Court may be validly constituted by not fewer than two (2) Justices of Appeal.

If the President of the Nauru Court of Appeal is unable to sit for any reason, the Senior Justice of Appeal shall preside, and another Justice of Appeal shall act in place of the President for the purposes of constituting the Court.

Justices of Appeal are appointed by the President in consultation with the President of the Nauru Court of Appeal. A person is eligible for appointment only if they are qualified to be appointed as a Judge of the Supreme Court and have held such qualification for at least ten (10) years.

A Justice of Appeal may be appointed for a fixed term or for the purpose of hearing one or more specified appeals, as set out in the instrument of appointment. Justices of Appeal, other than the President of the Nauru Court of Appeal, rank in seniority according to the date of their appointment, and where two or more Justices share the same date of appointment, seniority is determined by their prior judicial seniority in a superior court within the Republic or any other jurisdiction.

No person may serve as a Justice of Appeal after attaining the age of 75 years; however, a person who reaches that age may continue to hear and determine any appeal that commenced before they attained the age of 75 years.

Currently, there is a panel of five Justices of Appeal including the President of Appeal.