Singapore legislation

Clause 43

of Statutes (Miscellaneous Amendments) Bill

Clause 43

Amendment of Supreme Court of Judicature Act

(1)

The Supreme Court of Judicature Act (Cap. 322, 2007 Ed.) is amended —

(a)

by deleting subsection (2A) of section 34 and substituting the following subsection:“(2A) Subsection (2)(a) does not apply to any of the following cases:

(a)

any case heard and determined by the High Court in the exercise of its original jurisdiction under any written law which requires that case to be heard and determined by the High Court in the exercise of its original jurisdiction;

(b)

any case heard and determined by the Family Division of the High Court in the exercise of its original jurisdiction;

(c)

any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014 and heard and determined by the High Court in the exercise of its original jurisdiction;

(d)

any contentious probate proceedings commenced in the High Court before 1 January 2015 and heard and determined by the High Court in the exercise of its original jurisdiction.”;

(b)

by deleting subsection (4) of section 34 and substituting the following subsection:“(4) Subsections (1) and (2) do not apply to any decision, judgment or order of the Family Division of the High Court involving the exercise of the appellate civil jurisdiction referred to in section 23 of the Family Justice Act 2014 (Act 27 of 2014).”;

(c)

by deleting subsection (6) of section 34 and substituting the following subsection:“(6) Subsections (1) and (2) do not apply to any decision, judgment or order of the High Court involving the exercise of the appellate civil jurisdiction of the High Court in any of the following circumstances:

(a)

the hearing of any appeal from a District Court or Magistrate’s Court when exercising jurisdiction of a quasi-criminal or civil nature in any family proceedings (not being probate proceedings), being an appeal commenced in the High Court before 1 October 2014;

(b)

the hearing of any appeal or special case from the Tribunal for the Maintenance of Parents, being an appeal or a special case commenced in the High Court before 1 October 2014;

(c)

the hearing of any appeal from any contentious probate proceedings commenced in a District Court, being an appeal commenced in the High Court before 1 January 2015.”;

(d)

by deleting the words “the date specified under section 47(11) of the Family Justice Act 2014 for the purposes of section 47(7) of that Act” in section 34(7)(c) and substituting the words “1 January 2015”; and

(e)

by inserting, immediately after subsection (3) of section 79, the following subsection:“(4) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by the High Court to examine and assess a child or person for the purposes of preparing expert evidence for use in any proceedings involving the custody or welfare of that child or involving that person (as the case may be), the registered medical practitioner, psychologist, counsellor, social worker or mental health professional (as the case may be) shall not be liable to be sued for an act done by him for the purposes of the examination or assessment, or the preparation of the expert evidence for use in those proceedings, if the act —

(a)

was done in good faith; and

(b)

did not involve any fraud or wilful misconduct on his part.”.

(2)

Subsection (1)(a) and (b) does not apply to any decision, judgment or order made or given by the Family Division of the High Court before the date of commencement of subsection (1)(a) and (b), and section 34(2A) and (4) of the Supreme Court of Judicature Act as in force immediately before that date continues to apply to any such decision, judgment or order as if subsection (1)(a) and (b) had not been enacted.

(3)

Subsection (1)(a) and (c) does not apply to any decision, judgment or order made or given by the High Court before the date of commencement of subsection (1)(a) and (c) in any of the following proceedings, and section 34(2A) and (6) of the Supreme Court of Judicature Act as in force immediately before that date continues to apply to any such decision, judgment or order as if subsection (1)(a) and (c) had not been enacted:

(a)

any family proceedings (not being probate proceedings) commenced in the High Court before 1 October 2014;

(b)

any contentious probate proceedings commenced in the High Court before 1 January 2015.

Read in full context — Statutes (Miscellaneous Amendments) Bill →