Singapore legislation

Clause 106

of Online Safety (Relief and Accountability) Bill

Clause 106

Commencement of proceedings in Family Court

(1)

Any Part 10 proceedings may be commenced in the first instance in a Family Court, in which any related family proceedings are pending, with the permission of that court.

(2)

A court may grant permission under subsection (1) only if it is just, expeditious and economical for the disposal of the Part 10 proceedings, for the Part 10 proceedings to be commenced in that court.

(3)

A Family Court may, on the application of any party or on the Family Court’s own initiative, order that any Part 10 proceedings pending in the Family Court be transferred to a District Court or a Magistrate’s Court, if there is sufficient reason to do so.

(4)

A District Court or a Magistrate’s Court may, on the application of any party or on that court’s own initiative, if it is just, expeditious and economical for the disposal of the Part 10 proceedings, transfer any Part 10 proceedings pending in the District Court or Magistrate’s Court to a Family Court in which any related family proceedings are pending.

(5)

This section does not affect —

(a)

any power of a District Court to transfer proceedings to itself under section 54A of the State Courts Act 1970;

(b)

any power of a District Court to transfer proceedings to a Magistrate’s Court under section 54D of the State Courts Act 1970; and

(c)

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.

(6)

In this section —

(a)

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

(b)

“Part 10 proceedings” means any proceedings for a claim or action under Part 10 seeking relief under section 99 or 100 (excluding proceedings seeking relief under section 96, 97 or 98); and

(c)

family proceedings are related to Part 10 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.

Read in full context — Online Safety (Relief and Accountability) Bill →