Appealing a Decision – Judicial Department

Audience: General Public

Legislation Reference

Nauru Court of Appeal Act 2018

Deadline Notes

Some appeals may need to be filed within 21 days or 30 days, depending on the court or decision type.

Help / Contact

Please contact the Court Registry or seek legal advice before filing an appeal.

A party who is dissatisfied with a decision may have the right to appeal to a higher court.

Appeals may include:
– Appeals from the Nauru Lands Committee to the Supreme Court;
– Appeals from the District Court;
– Appeals from the Supreme Court to the Court of Appeal.

Important appeal timeframes may apply:
– Lands Committee appeals may need to be filed within 21 days;
– District Court appeals may need to be filed within 21 days;
– Appeals to the Court of Appeal may need to be filed within 30 days.

The appeal process may involve filing a notice of appeal, preparing appeal documents, paying applicable fees, and attending court hearings.

Parties are encouraged to seek legal advice before filing an appeal.

Practice Direction Details

Issuing Authority: Nauru Judiciary

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Related Forms

No forms are currently available.

Related Fees

Filing Fees in Nauru Court of Appeal Matters

Fee data table
No	Item	Fee ($)
1	On filing a notice of appeal, or a notice of crossappeal, from any decision, final or interlocutory (this fee includes the fees for setting down, notice of hearing and hearing)	40
2	On an application for: (a) leave to appeal; (b) extension of time; (c) fixing or dispensing with security for costs; (d) leave to amend; (e) directions for service; (f) stay of execution or proceedings; or (g) any interim or any other order	10
3	On filing a Respondent’s notice	10
4	On every bond or deposit	4
5	On filing an affidavit or any other document unless otherwise provided for by this Schedule	2
6	For every copy of the appeal record book prepared in Rule 44, or of any proceedings, judgment, order or document, per page (minimum fee $1; hardship waiver possible where fee exceeds $5,000)	0.20
7	For certifying any copy, per page (with a minimum fee of $1 and a maximum fee of $1,000)	0.20
8	On entering or sealing the judgment or order made on the hearing of an appeal	10
9	On entering or sealing any other order made by the Court of Appeal or a Single Justice of Appeal including orders for leave to appeal, security for costs or enlargement of time	8
10	On any certificate by the Registrar (other than certification of a copy or of taxed costs)	2
11	On filing a bill of costs and obtaining an appointment to tax - For a bill not exceeding $100 / exceeding $100 but not exceeding $200 / exceeding $200	7 / 10 / 16

Court Fees pursuant to Court Fees Rules 1994 and Civil Procedure Act 1972 in District Court and Supreme Court

Fee data table
No.	When fee is to be paid	District Court ($)	Supreme Court ($)
1	Upon issue of a writ of summons	20	40
2	Upon issue of an amended writ of summons	10	20
3	Upon issue of a third party notice	10	20
4	Upon issue of an originating summons	20	40
5	Upon issue of an originating summons for leave to commence a suit	5	10
6	Upon issue of an originating summons under Section 14 of the Act	5	10
7	Upon issue of any other summons or notice of motion	5	10
8	Upon setting a suit down for hearing	50	100
9	Upon the hearing of an originating summons by the resident magistrate or a judge	50	100
10	Upon application for drawing up any judgment by default	10	20
11	Upon application for drawing up any other judgment, decree or order	20	40
12	Upon filing a bill of costs for taxation	10	20
13	Upon issue of a writ, summons or other process for enforcement of a judgment or order	10	20
14	Upon filing an appeal under the Nauru Lands Committee Ordinance 1956-1963	No Fee	No Fee
15	Probate or letters of administration application if assessed value does not exceed $20,000	No Fee	No Fee
16	Assessed value exceeds $20,000 but does not exceed $50,000	5	5
17	Assessed value exceeds $50,000 but does not exceed $80,000	170	170
18	Assessed value exceeds $80,000 but does not exceed $140,000	300	300
19	Assessed value exceeds $140,000 but does not exceed $200,000	450	450
20	Assessed value exceeds $200,000 but does not exceed $400,000	650	650
21	For every additional $200,000 or part thereof	100	100
22	Application for probate or letters of administration or resealing thereof in respect of a foreign will or foreign estate under the Foreign Trusts Estates and Wills Act 1972	100	100

Fees for Conviction and No Conviction Certificate pursuant to Criminal Procedure Act 1972

Fee data table
No.	Item	Section Act	Fees ($)
1	Certificate for record of convictions	Section 98(7)	50
2	Certificate for record of no convictions	Section 98(7)	50

Filing Fees pursuant to Electoral Act 2016 and Election Petition Court Fees Rules 2019 for Election Petition Matters

Fee data table
No.	Document	Rate	Fees ($)
1	Filing election petition	4	50
2	Filing Answer to the Petition	18	35
3	Filing Reply to Answer to the Petition	19	20
	Filing Notice to Appear	14(1)	0
4	Filing Notice Not to Oppose Petition	15(1)(a)	0
5	Filing Notice of Objection (Irregularity, incompetency or defective service)	16	10
6	Filing Interlocutory Summons or Notice of Motion	26, 12	25
7	Affidavits (excluding Affidavit of Service)	6, 16, 20, 21, 22, 26, 27, 28, 29, 35, 39, 40	10
8	Summons to witness	21	5
9	Any other document		10

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