3. Application of Part 2

Subject to paragraphs (2), (3) and (4), Part 2 applies to a claim or counterclaim commenced in the Protection from Harassment Court on or after 1 June 2021 and PH proceedings arising from such a claim or counterclaim (called in this rule the relevant proceedings). (2) Part 2 does not apply if —

the relevant proceedings include any claim under section 11 of the Act for damages (including enhanced damages awarded under section 11A of the Act) exceeding $20,000;

there are more than 5 respondents in the relevant proceedings;

there is more than one claimant in the relevant proceedings;

the claim is commenced more than 2 years after any cause of action in the claim accrued; or

any proceedings other than PH proceedings are to be heard with the relevant proceedings.

Part 2 does not apply to —

PH proceedings commenced in the General Division of the High Court, the Family Justice Court or a District Court (other than a Protection from Harassment Court) under section 16I of the Act;

a claim under section 11 of the Act commenced in the Magistrate’s Court under section 16I of the Act;

PH proceedings refiled in accordance with Part 3 pursuant to a direction under paragraph (4);

enforcement proceedings arising from PH proceedings; or

committal proceedings arising from PH proceedings.

A Protection from Harassment Court may discontinue PH proceedings commenced under Part 2 and direct the PH proceedings to be refiled in the Protection from Harassment Court in accordance with Part 3.

Subject to paragraphs (2), (3) and (4), Part 2 applies to a claim or counterclaim commenced in the Protection from Harassment Court on or after 1 June 2021 and PH proceedings arising from such a claim or counterclaim (called in this rule the relevant proceedings).

Part 2 does not apply if —

the relevant proceedings include any claim under section 11 of the Act for damages (including enhanced damages awarded under section 11A of the Act) exceeding $20,000;

there are more than 5 respondents in the relevant proceedings;

there is more than one claimant in the relevant proceedings;

the claim is commenced more than 2 years after any cause of action in the claim accrued; or

any proceedings other than PH proceedings are to be heard with the relevant proceedings.

Part 2 does not apply to —

PH proceedings commenced in the General Division of the High Court, the Family Justice Court or a District Court (other than a Protection from Harassment Court) under section 16I of the Act;

a claim under section 11 of the Act commenced in the Magistrate’s Court under section 16I of the Act;

PH proceedings refiled in accordance with Part 3 pursuant to a direction under paragraph (4);

enforcement proceedings arising from PH proceedings; or

committal proceedings arising from PH proceedings.

A Protection from Harassment Court may discontinue PH proceedings commenced under Part 2 and direct the PH proceedings to be refiled in the Protection from Harassment Court in accordance with Part 3.