Commercial Law Updates (3)

Fiji Employment Law Update: recent changes employers in Fiji should prepare for

Jul 19, 2018 / by Ana Tuiwawa and Seini Tinaikoro posted in Fiji employment law, Fiji commercial law, Fiji lawyers, Fiji commercial lawyers

The budget announcement on 28 June 2018 saw a number of budget amendment bills amending a number of existing legislation. This employment law update will focus on Bill No.21 of 2018, currently cited as the Employment Relations (Budget Amendment) Act 2018 (“amendment Act”), one out of the fourteen consequential bills that will give effect to the 2018/2019 national budget.

Bill No.21 of 2018 was enacted in Parliament on 12 July 2018, and saw the inclusion of Family care leave and Parental leave provisions in the current Employment Relations Act 2007 (“Act”). The amendments suggest Government’s intentions of supporting working parents and promoting work life balance into Fiji’s current work force.

The amendment Act, is not yet in force, and in this commercial law update we set out what Fiji employers should prepare for now as it seems likely that the amendment Act will be brought into force imminently. In accordance with the usual principles of Fiji employment law, the Act sets out minimum statutory standards that all Fiji employers may exceed but may not fall below.

Jul 9, 2018 / by Mary Muir and Emily Samuela posted in Fiji's Constitution, Fiji law, Fiji commercial law, Commercial lawyers Fiji, Online Safety Act Fiji, Cyber security Fiji

Connectivity has made the access to information easier in this modern age, but it has also led to the increase in harmful online behavior such as cyberbullying, cyber stalking, internet trolling and exposure to offensive or harmful content, amongst other things. After much debate, Fiji has introduced the Online Safety Act, 2018 (the “Act”) to promote online safety and deter adverse online behavior and misuse of personal information. While it was enacted on 18 May 2018, it will not come into effect until the commencement date is gazetted.

At the date of writing the Online Safety Act has not appeared in the Fiji Government Gazette and therefore the legislation is not, as yet, in force. We will amend this update when it is “gazetted”.

In this commercial law update, we consider how this newly-introduced Act is intended to work.

Apr 23, 2018 / by Seini Tinaikoro posted in Disciplinary process, Fiji immigration law, Fiji work permits, Investing in Fiji, Commercial law Fiji, Fiji lawyers

In our Commercial Law update issued on 28 January, 2018 we provided an update on the policy changes made by the Immigration Department regarding work permits which can be found here

This further update specifically addresses recent policy changes by the Immigration Department to the 14 days business permit that may, once issued, be extended up to 3 months. This policy change by Fiji's Immigration Department means that it has now reverted to its original policy that enables 14 days business permits be extended for a period of up to 3 months by operation of section 9 (2) (c) of the Immigration Act 2003.

Apr 13, 2018 / by Atu Siwatibau posted in Fiji commercial law, Commercial law Fiji, Fiji contract law, Construction law Fiji, Commercial lawyers Fiji, Fiji risk allocation, Fiji lawyers, Construction contract checklist

Each construction contract has its own different areas of risk.

In this commercial law update, we consider only the general areas in which risks can arise and need to be managed in a construction contract.

Apr 13, 2018 / by Atu Siwatibau posted in Commercial law Fiji, Fiji construction contracts, Construction law Fiji, Commercial lawyers Fiji, Fiji risk allocation, Fiji lawyers

The best way of ensuring the efficient management of your risk in a construction contract is to negotiate the management and allocation of those risks during the negotiations stage.

The more effort the parties put into ensuring a properly managed and allocated risk profile during the process of negotiation, the more chance there is of the parties avoiding otherwise preventable situations during the implementation of a contract.

In this commercial law update we set out how to negotiate a construction law contract and provide some basic points to note.

Apr 13, 2018 / by Atu Siwatibau posted in Commercial law Fiji, Fiji construction contracts, Construction law Fiji, Fiji Freedom to contract, Fiji freedom of contract, Fiji lawyers

Construction projects take time to deliver and typically involve multiple parties, including a contractor and professional advisors.

Construction contracts have evolved to large documents that balance risk and reward and set out the processes that must be followed as the construction develops. Despite their apparent complexity the legal principles that underpin a construction contract are the same contract law principles that underpin any other legal contract.

In this update we briefly consider the legal principles and law that common law jurisdictions apply to construction projects.

Apr 6, 2018 / by Atu Siwatibau posted in Fiji commercial law, Commercial law Fiji, Fiji contract law, Fiji construction contracts, Construction law Fiji, Fiji due diligence, Commercial lawyers Fiji, Fiji freedom of contract, Fiji risk allocation

Risk Allocation

This commercial law update looks at the principles behind efficient risk allocation in a contract and how, a lack of understanding of these principles, might lead to unintended consequences.

Every contract is essentially a sharing or allocation of risk, responsibility, and reward between the parties. It is not sufficient for commercial lawyers to rely on template contracts or checklists because to understand and assist with a commercial transaction requires an understanding of the risks involved. A thorough understanding of risk will assist with the provision of informed legal advice and a contract that may avoid, reduce or fairly allocate risk.

This legal update considers the key questions that arise in terms of the allocation of risk: how should the risks be shared? Is there an efficient way of sharing risk? What considerations should be taken into account when deciding which party should take on which risk in a contract?

Mar 19, 2018 / by Mary Muir posted in Fiji law, Motor vehicle accident Fiji, Insurance law Fiji, No fault compensation Fiji, Accident in Fiji

After many years and a large volume of legal proceedings over personal injury and wrongful death claims arising from road accidents, Fiji has decided not just to update its legislation but to completely overhaul its system, by mandating a ‘no fault’ system of compensation in place of motor vehicle third party insurance.

The Legislation that came into force on 1 January 2018 is – The Accident Compensation Act 2017 (the “Act”) and related regulations

In this commercial law update we analyse how the new legal framework of 'no fault' compensation is intended to work and highlight some grey areas.

Feb 12, 2018 / by Artika Prasad and Seini Tinaikoro posted in Fiji tax law, Investing in Fiji, Hotel and Tourism Fiji

Fiji has various industry specific tax concessions, available under the 2017 to 2018 Budget, designed to encourage economic growth and much needed investment in certain sectors.

In this update we look at the tax incentives available in the tourism sector, particularly in hotel investment, and set out a brief outline of what tax benefits investors in this sector could enjoy.

Jan 29, 2018 / by Ronlyn Sahib and James Sloan posted in Fiji Company Law, Fiji tax law, Fiji Charitable Trusts Act, Incorporation of not for profit

As at 2018, there are about seventeen (17) regional and international organisations with offices in Fiji. Some of these not only oversee Fiji programs but also programs in the region and in other Pacific Island Countries.

Apart from these regional and international organisations, there are a multitude of other non-profit entities in Fiji working in areas including protecting the natural environment, children's rights and women's rights. Some of these organisations are not registered in Fiji and operate by way of a memorandum of understanding with the Government of Fiji while others are registered as charitable trusts, as branch offices or as companies limited by guarantee.

There are benefits for non-profit entities by establishing a legal entity under Fiji law and the aim of this bulletin is to consider the two most suitable ways to establish (incorporate) a non-profit entity under Fiji law. These are as a:

Charitable trust; or
Company limited by guarantee.

Commercial Law Updates

Fiji Employment Law Update: recent changes employers in Fiji should prepare for

What is the effect of Fiji’s Online Safety Act, 2018?

Fiji Immigration Law: Recent policy change on 14 day business permits

Fiji Construction Law Series: Outline of Common Areas of Risk in Construction Contracts

Fiji Construction Law Series: Negotiating a Construction Contract and some Basic Points to Note

Fiji Construction Law Series: An overview of construction contracts and other relevant law that applies to construction projects

Fiji Construction Law Series: How Do You Allocate Risk in a Commercial Contract?

Fiji has a new no fault Accident and Compensation framework, but how will it work?

Fiji Hotel and Tourism Industry Investment: summary of tax incentives

How to incorporate a non-profit entity as a charitable trust or company limited by guarantee under Fiji law

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