Supreme Court of Judicature (Transfer of Matrimonial, Divorce and Guardianship of Infants Proceedings to District Court) Order

Supreme Court of Judicature Act

(Chapter 322, Section 28A)

Supreme Court of Judicature
(Transfer of Matrimonial, Divorce and Guardianship
of Infants Proceedings to District Court)
Order

O 1

G.N. No. S 110/1996

REVISED EDITION 1997

(26th September 1997)

[1st April 1996]

Citation

1. This Order may be cited as the Supreme Court of Judicature (Transfer of Matrimonial, Divorce and Guardianship of Infants Proceedings to District Court) Order.

Proceedings transferred to District Court

2.—(1) Any proceedings under —

(a)	section 59 and Part X of the Women’s Charter (Cap. 353); or
(b)	the Guardianship of Infants Act (Cap. 122),

commenced in the High Court on or after 1st April 1996 shall be transferred to and be heard and determined by a District Court.

(2) All matters or causes relating to proceedings referred to in sub-paragraph (1) commenced before 1st April 1996 shall continue to be heard and determined by the High Court.

Jurisdiction of District Court

3. A District Court shall have jurisdiction to hear and determine any proceedings referred to in paragraph 2(1) regardless of the monetary amount involved.

Powers of Registrar and Deputy Registrar of Subordinate Courts

4.—(1) For the purpose of any proceedings to be heard and determined by a District Court pursuant to this Order, the Registrar and a Deputy Registrar of the Subordinate Courts shall have power to transact all such business and exercise all such authority and jurisdiction as may be transacted and exercised by a District Judge in Chambers under —

(a)	the Women’s Charter (Cap. 353) or the Guardianship of Infants Act (Cap. 122), as the case may be, or any rules made thereunder; or
(b)	the provisions of this Order,

except such business, authority and jurisdiction as the Senior District Judge may, with the concurrence of the Chief Justice, from time to time direct to be transacted or exercised by a District Judge in person.

(2) The Registrar and a Deputy Registrar of the Subordinate Courts shall, in relation to any order for the execution of a deed or for the signing of a document made by a District Court in connection with any proceedings heard and determined by it pursuant to this Order, have the same powers as those conferred on the Registrar of the Supreme Court by section 14 of the Supreme Court of Judicature Act (Cap. 322).

Modification to certain provisions for purposes of this Order

5. For the purpose of any proceedings to be heard and determined by a District Court pursuant to this Order, the written laws specified in the first column of the appropriate Part of the Schedule shall be read subject to the modifications set out opposite thereto in the second column thereof.

Procedure for appeals

6. Rule 32 of the Women’s Charter (Matrimonial Proceedings) Rules (Cap. 353, R 4) shall not apply to any proceedings under section 59 and Part X of the Women’s Charter (Cap. 353) which, pursuant to this Order, are heard and determined by a District Court, and the procedures for appeals from such proceedings to the High Court and thereafter to the Court of Appeal shall be as specified in the Rules of Court (R 5).

Fees for proceedings under Women’s Charter

7.—(1) The Matrimonial Proceedings (Fees) Rules (Cap. 353, R 5) (except rule 4 thereof) shall apply to any proceedings under section 59 and Part X of the Women’s Charter which, pursuant to this Order, are heard and determined by a District Court.

(2) The fees chargeable in respect of appeals to the High Court and the Court of Appeal in such proceedings shall be as specified in Appendix B to the Rules of Court.

Fees for proceedings under Guardianship of Infants Act

8. For the purpose of any proceedings under the Guardianship of Infants Act (Cap. 122) heard and determined by a District Court pursuant to this Order, the fees chargeable for any document filed in or issued by the Registry of the Supreme Court or the Registry of the Subordinate Courts shall be as prescribed in the Rules of Court.

Enforcement of orders

9. Any order made by a District Court in proceedings heard and determined by it pursuant to this Order may be enforced by a District Court in the same manner as a judgment of that court, notwithstanding that such order may involve an amount which exceeds the monetary limit of the ordinary jurisdiction of a District Court.

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