Supreme Court of Judicature (Transfer of Proceedings pursuant to Section 17A (2)) Order 2004

No. S 631

Supreme Court of Judicature Act

(Chapter 322)

Supreme Court of Judicature (Transfer of Proceedings Pursuant to Section 17A (2)) Order 2004

In exercise of the powers conferred by section 28A of the Supreme Court of Judicature Act, I, Yong Pung How, Chief Justice, hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Supreme Court of Judicature (Transfer of Proceedings pursuant to Section 17A(2)) Order 2004 and shall come into operation on 1st November 2004.

Proceedings transferred to District Court

2.—(1) Subject to sub-paragraph (2), any proceedings which may be heard and determined by the High Court pursuant to section 17A(2) of the Act and which is commenced in the High Court on or after 1st November 2004 shall be transferred to and be heard and determined by a District Court.

(2) Where in any proceedings transferred to a District Court under sub-paragraph (1) —

(a)	an application is made for the division of matrimonial assets;
(b)	the application is contested; and
(c)	the gross value of the matrimonial assets is asserted by any party to the proceedings, in the manner required by the Registrar of the Subordinate Courts, to be of or above the value of $1.5 million,

the proceedings shall, upon the direction of the Registrar of the Subordinate Courts that they are ready for hearing, be transferred to and be heard and determined by the High Court.

(3) In sub-paragraph (2)(c), “gross value of the matrimonial assets” means the total value of the assets, disregarding any outstanding liabilities attached thereto or any personal liabilities.

Jurisdiction of District Court

3. For the avoidance of doubt, a District Court shall, subject to paragraph 2(2), have jurisdiction to hear and determine any proceedings referred to in paragraph 2(1), notwithstanding that the amount involved exceeds the monetary limit of the ordinary jurisdiction of a District Court.

Powers of Registrar of Subordinate Courts

4. 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 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.

Modification of certain provisions for purpose of proceedings to be heard and determined by District Court pursuant to 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 of that Part of the Schedule.

Appeals

6.—(1) An appeal shall lie to the High Court from a decision of a District Court in any proceedings heard and determined by the District Court pursuant to this Order, regardless of the amount in dispute or the value of the subject-matter.

(2) Except with the leave of the Court of Appeal or a Judge of the High Court, no appeal shall be brought to the Court of Appeal from a decision of the High Court in respect of any appeal heard and determined by the High Court pursuant to sub-paragraph (1), regardless of the amount in dispute or the value of the subject-matter.

(3) 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, 2004 Ed.).

Fees for proceedings heard and determined by District Court pursuant to this Order

7. For the purpose of any proceedings 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

8. 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.

Revocation and savings

9.—(1) The Supreme Court of Judicature (Transfer of Proceedings pursuant to section 17A (2)) Order (O 2) is revoked.

(2) Notwithstanding sub-paragraph (1) but subject to sub-paragraph (3), the revoked Supreme Court of Judicature (Transfer of Proceedings pursuant to section 17A (2)) Order shall continue to apply to proceedings under section 17A(2) of the Act commenced before 1st November 2004 as if that Order had not been revoked.

(3) Paragraph 6(2) shall apply to any appeal to the Court of Appeal from any decision made by the High Court on or after 1st November 2004 in the exercise of its appellate jurisdiction with respect to any proceedings heard or determined by the District Court pursuant to the revoked Supreme Court of Judicature (Transfer of Proceedings pursuant to section 17A (2)) Order.

Made this 8th day of October 2004.

YONG PUNG HOW

Chief Justice,
Singapore.

[SC/R7/7; AG/LEG/SL/322/2001/1 Vol. 4]

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