Singapore legislation

Section 16J

of Protection from Harassment Act 2014

Section 16J

Transfer of Part 3 proceedings

Amended by17/201917/201917/201917/201917/201917/201917/201917/201940/2019

(1)

A District Court (other than the Protection from Harassment Court) may, on the application of any party or on the District Court’s own initiative, order that any Part 3 proceedings or related civil proceedings (or both) pending in the District Court or a Magistrate’s Court be transferred to the Protection from Harassment Court, if there is sufficient reason to do so.

Amended by17/2019

(2)

A Family Court may, on the application of any party or on the Family Court’s own initiative, order that any Part 3 proceedings pending in the Family Court be transferred to the Protection from Harassment Court, if there is sufficient reason to do so.

Amended by17/2019

(3)

A Protection from Harassment Court may, on the application of any party or on the Court’s initiative, if it is just, expeditious and economical for the disposal of the Part 3 proceedings, transfer —

(a)

any claim under section 11 that is pending in the Protection from Harassment Court to a Magistrate’s Court in which any related civil proceeding is pending;

(b)

any Part 3 proceedings that are pending in the Protection from Harassment Court to a District Court in which any related civil proceeding is pending; or

(c)

any Part 3 proceedings (except any claim under section 11) that are pending in the Protection from Harassment Court to a Family Court in which any related family proceeding is pending.

Amended by17/2019

(4)

A Protection from Harassment Court may, on the application of any party or on the Court’s initiative, transfer any civil proceedings (other than Part 3 proceedings) that are pending in the Protection from Harassment Court to a Magistrate’s Court or a District Court, if there is sufficient reason to do so.

Amended by17/2019

(5)

Civil proceedings may, under this section, be commenced in or transferred to a court only if the civil proceedings are within the civil jurisdiction of that court.

Amended by17/2019

(6)

In this section —

(a)

“family proceedings” has the meaning given by section 2(1) of the Family Justice Act 2014; and

(b)

proceedings are related to Part 3 proceedings if —

(i)

both of those proceedings involve any common issue of law or fact; or

(ii)

the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct.

Amended by17/2019

(7)

Sections 54A and 54D of the State Courts Act 1970 do not apply to the transfer of any Part 3 proceedings.

Amended by17/2019

(8)

This section does not affect any power of the General Division of the High Court to transfer proceedings to itself or to any other court under section 54B or 54C of the State Courts Act 1970 or any other law.

Amended by17/201940/2019
Section 16J — Protection from Harassment Act 2014 | laws.sg