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298
Singapore Academy of Law Journal (2003)
give the District Court jurisdiction to hear certain family matters which
would otherwise be the exclusive province of the High Court, would be
an example of such legislation.) It is submitted that if the High Court had
the power to transfer down any case it saw fit under Section 37 SCA to
the District Court, this would obviate the need for Section 28A SCJA.
(c)
Reason for transfer
213 In the Australian Master Builders case, supra, the court was of
the view that the applicant for a transfer must show something more than
a speedier trial and/or savings in costs (the latter merely being a
consequence of the transfer) in order to be granted leave to transfer
proceedings from the High Court to the District Court. It is submitted
that if there are good reasons (of the kind set out in Section 6.1(a)-(d)
above) for wanting the civil suit to be heard together with the ancillary
matters proceedings, then this should suffice to justify the transfer of the
civil suit to the Family Court. The Family Court would already have
dealt with the divorce itself. It would therefore be an appropriate forum
to hear both the civil suit and the ancillary matters proceedings. The
more advanced the ancillary matters proceedings in the Family Court by
the time the question of whether the civil suit should be transferred
arises, the stronger the reason for transferring the civil suit to the Family
Court.
214 However, as stated in Australian Master Builders, supra, in
situations;
“…where the issues of fact may be complicated or are in respect
of a subject matter not normally tried in such courts [i.e. the
(ii) any proceedings relating to any of the matters referred to in section 17 (a) to (e); and
(b) may make such incidental provision for the transfer of the proceedings to the District
Court (including matters relating to procedure and costs) as the Chief Justice thinks
fit.
Section 17 (Civil jurisdiction — specific) SCJA states:
17. Without prejudice to the generality of section 16, the civil jurisdiction of the High
Court shall include —
(a) jurisdiction under any written law relating to divorce and matrimonial causes;
(b) jurisdiction under any written law relating to matters of admiralty;
(c) jurisdiction under any written law relating to bankruptcy or to companies;
(d) jurisdiction to appoint and control guardians of infants and generally over the persons
and property of infants;
(e) jurisdiction to appoint and control guardians and keepers of the persons and estates of
idiots, mentally disordered persons and persons of unsound mind; and
(f) jurisdiction to grant probates of wills and testaments, letters of administration of the
estates of deceased persons and to alter or revoke such grants.