Protection from Harassment Act 2014 · 2020 Revised Edition · Part 3A · Protection from Harassment Court
16I. Commencement of Part 3 proceedings
Feedback & supportLast amended by an amending law of 2022. 3 amendments in all.
Subject to subsection (2), any Part 3 proceedings that may be heard and determined by a Protection from Harassment Court must in the first instance be commenced in a Protection from Harassment Court.
Part 3 proceedings
“Part 3 proceedings” means civil proceedings for claims and orders under Part 3;
Despite subsection (1) —
a claim under section 11 may be commenced in the first instance in a Magistrate’s Court or the General Division of the High Court;
Part 3 proceedings may be commenced in the first instance in a District Court (other than the Protection from Harassment Court); and
Part 3 proceedings (except any Part 3 proceedings involving any claim under section 11) may be commenced in the first instance in a Family Court,in which any related proceeding is pending, with the permission of that court.
A court may grant permission under subsection (2) only if it is just, expeditious and economical for the disposal of the Part 3 proceedings, for the Part 3 proceedings to be commenced in that court.
court
“court”, for the purposes of sections 12 and 13 and Division 2 of Part 3, means a District Court (including the Protection from Harassment Court) or a Family Court;
Civil proceedings (other than Part 3 proceedings) may be commenced in the first instance in a Protection from Harassment Court only if those civil proceedings are —
Protection from Harassment Court
“Protection from Harassment Court” means a District Court designated under section 16E(1)(a) as a Protection from Harassment Court;
related to any Part 3 proceedings that have been or will be commenced in the Protection from Harassment Court; and
commenced in the Protection from Harassment Court on or after the commencement of the related Part 3 proceedings.
Civil proceedings may, under this section, be commenced in a court only if the civil proceedings are within the civil jurisdiction of that court.
In this section, proceedings are related to Part 3 proceedings if —
both of those proceedings involve any common issue of law or fact; or
the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct.