View Article - Singapore Academy of Law

More documents

Recommendations

Info

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.
15 SAcLJ Matrimonial Assets and the 3 rd Party 299 District Court] or the issues of law are of sufficient complexity that to allow them to be tried by a district court would merely open another tier of appeal and thus prolong the ultimate disposal of the case.”, then the court should consider transferring the ancillary matters proceedings from the Family Court to the High Court instead. (In this regard, see Section 6.4.2.3(a) below.) (d) Order 89 Rule 3 215 The procedural rule governing the transfer of cases from the High Court to the District Court is Order 89 Rule 3, which states: Procedure on transfer from the High Court (O. 89, r. 3) 3. —(1) Where an order is made by the High Court for the transfer of any proceedings from the High Court to the Subordinate Courts, the Registrar of the Supreme Court must send to the Registrar of the Subordinate Courts the file of the proceedings, all documents, exhibits and a certified copy of the notes of evidence (if any) of the proceedings. (2) The Registrar of the Subordinate Courts must give notice of the transfer to every party to the proceedings. (3) Subject to any directions in the order of the High Court, the trial shall proceed as if the proceedings were commenced in the Subordinate Courts. (e) Order 4 Rule 1 216 Once the order has been made for the civil suit to be transferred down from the High Court to the Family Court, it may be consolidated with, ordered to be tried at the same time as, ordered to be tried in immediate succession with the ancillary matters proceedings, or an order for stay may be made. (For a discussion on Order 4 Rule 1, see Section 6.4.1 above.)
Page 1 and 2:
15 SAcLJ Matrimonial Assets and the
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30: 15 SAcLJ Matrimonial Assets and the
Page 79: 15 SAcLJ Matrimonial Assets and the
Page 87: 15 SAcLJ Matrimonial Assets and the
show all

View Article - Singapore Academy of Law

Create successful ePaper yourself

Delete template?

Save as template?