Clause 7

by deleting paragraph (i) of the definition of “family proceedings” in section 2(1);

by deleting the word “and” at the end of paragraph (p) of the definition of “family proceedings” in section 2(1);

by inserting the word “and” at the end of paragraph (q) of the definition of “family proceedings” in section 2(1), and by inserting immediately thereafter the following paragraph:“(r)on or after the date of commencement of section 7(c) of the Statutes (Miscellaneous Amendments) Act 2016, any civil proceedings under the Wills Act (Cap. 352);”;

by deleting the words “the Schedule” in section 20(1) and substituting the words “the First Schedule”;

by deleting the word “An” in section 23(2) and substituting the words “Subject to subsection (2A), an”;

by inserting, immediately after subsection (2) of section 23, the following subsection:“(2A) No appeal is to be brought to the High Court in any case where a Family Court makes an order specified in the Second Schedule, except in such circumstances as may be specified in that Schedule.”;

by inserting, immediately after subsection (3) of section 26, the following subsection:“(3A) If any family proceedings may be heard and determined by a Family Court or by the Family Division of the High Court, those proceedings must in the first instance be commenced in a Family Court.”;

by deleting the words “Notwithstanding subsection (2)” in section 26(4) and substituting the words “Despite subsections (2), (3) and (3A)”;

by inserting, immediately after subsection (4) of section 45, the following subsections:“(5) A child representative appointed to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, shall not be liable to be sued for an act done by the child representative for the purposes of those proceedings, or any mediation or other alternative dispute resolution process related to those proceedings, if the act —

was done in good faith; and

did not involve any fraud or wilful misconduct on the part of the child representative.(6) Where a registered medical practitioner, psychologist, counsellor, social worker or mental health professional is appointed by a Family 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 —

was done in good faith; and

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

by inserting, immediately after section 46, the following section:“Amendment of Second Schedule46A.—

The Minister may, after consulting the Chief Justice, by order published in the Gazette, amend the Second Schedule.(2) An order under subsection (1) may contain such provisions of a saving or transitional nature as appear to the Minister, after consulting the Chief Justice, to be necessary or expedient.”; and

by renaming the existing Schedule as the First Schedule, and by inserting immediately thereafter the following Schedule:“SECOND SCHEDULESections 23(2A) and 46AORDERS MADE BY FAMILY COURT THAT ARE NON-APPEALABLE No appeal is to be brought to the High Court in any of the following cases:

where a Family Court makes an order giving unconditional leave to defend any proceedings;

where a Family Court makes an order giving leave to defend any proceedings on condition that the party defending those proceedings pays into court or gives security for the sum claimed, except if the appellant is that party;

where a Family Court makes an order setting aside unconditionally a default judgment, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise);

where a Family Court makes an order setting aside a default judgment on condition that the party against whom the judgment had been entered pays into court or gives security for the sum claimed, regardless of how the default judgment was obtained (including whether by reason of a breach of an order of court or otherwise), except if the appellant is that party.”.