When Sir Timoci Tuivaga retired in 2002, there were calls from the Citizens Constitutional Forum (a pro-democracy, human rights organization) for a foreigner to be appointed, to restore the independence of the judiciary that had been seen to be politically compromised by the 2000 coup.

Before 1871, when Seru Epenisa Cakobau established the first unified Kingdom of Viti under his authority, what is now Fiji was a patchwork of warring fiefdoms.

Forming a government dominated by foreigners, Cakobau appointed Sir Charles St Julian, an Australian newspaper editor, as the first chief justice in 1872.

St Julian died in office a few weeks after Cakobau ceded Fiji to the United Kingdom on 10 October 1874, under the provisions of the Pacific Islanders Protection Acts of 1872 (35 & 36 Vict.

c. 51),[3][4] (amended in 1875),[5] (long title: An Act for the Prevention and Punishment of Criminal Outrages upon Natives of the Islands in the Pacific Ocean) which sought to bring the rule of law to British subjects who were using unconventional methods to supply labour for the European-run cotton plantations in Fiji.

Headed by a high commissioner for the Western Pacific, who was also ex officio the governor of Fiji, until the end of 1952, it included numerous islands, mostly small, throughout Oceania.

Although no longer connected with the British High Commission, the position of chief justice of Fiji continued to be filled by judges from Britain, Australia and New Zealand until the appointment of Sir Timoci Tuivaga in 1980.

The constitutional arrangements relating to the chief justice were temporarily overturned in 2000, following a counter-coup by Commodore Frank Bainimarama to neutralize a civilian coup d'état instigated by George Speight.