← Malta

L.S. 12.19 Ordni dwar it-Twaqqif ta' Sezzjoni tal-Qrati Ċivli

CIVIL COURTS (ESTABLISHMENT OF SECTIONS) [ S.L.12.19 1 SUBSIDIARY LEGISLATION 12.19 CIVIL COURTS (ESTABLISHMENT OF SECTIONS) ORDER 16th December, 2003 LEGAL NOTICE 396 of 2003, as amended by Legal Notice 8 of 2004 , Act I of 2018 and XVI of 2019, V of 2021, XXIII of 2022 and XVII of 2023. 1. The title of this Order is the Civil Courts (Establishment of Sections) Order. Citation. 2. There shall be five sections in the Civil Court to which shall be assigned, as provided by this Order, the category of cases, hitherto falling within the jurisdiction of the Civil Court (First Hall) and the Civil Court (Second Hall), or as may be assigned to the Civil Court by any law. Civil Court to have four Sections. Substituted by: I.2018.21. Amended by: V.2021.65. 3. The sections of the Civil Court shall be the Family Section, the Voluntary Jurisdiction Section, the Commercial Section, the Asset Recovery Section and a general jurisdiction to be styled the First Hall of the Civil Court. Designation of Sections. Substituted by: L.N. 8 of 2004; I.2018.21. Amended by: V.2021.65. 4. To the Civil Court (Family Section) shall be assigned those cases falling within the competence of the Civil Court and which relate to matters regulated by: Assignment of cases of the Civil Court (Family Section). (

  1. a)Titles I, II and IV of Book First the Civil Code; Cap 16. (
  2. b)the Maintenance Orders (Facilities for Enforcement) Ordinance; Cap 48. (
  3. c)the Maintenance Orders (Reciprocal Enforcement) Act; (
  4. d)the Marriage Act; and Cap 255. (
  5. e)the Child Abduction and Child Custody Act. Cap 410. 5. To the Civil Court (Voluntary Jurisdiction Section) shall be assigned applications falling within the Competence of the Civil Court and which relate to matters regulated by: (
  6. a)Titles III, V, VI and VII of Book First of the Civil Code; and (
  7. b)Part II of Book Second of the Code of Organization and Civil Procedure. Assignment of cases to the Civil Court (Voluntary Jurisdiction Section). Cap. 16. Cap. 12. 2 [ S.L.12.19 CIVIL COURTS (ESTABLISHMENT OF SECTIONS) Assignment of cases to the Civil Court (Commercial Section). Cap. 13. Cap. 386. Cap. 378. Cap. 379. Cap. 510. Cap. 632. Added by: I.2018.21. Substituted by: XVI.2019.72. Amended by: XVII.2023.62: XXIII.2022.14. 5A. To the Civil Court (Commercial Section) shall be assigned applications falling within the competence of the Civil Court and which relate to matters regulated by the Third Part of the Commercial Code and any regulations made thereunder, by the Companies Act, by the Pre-Insolvency Act the Competition Act and any regulations made thereunder, by the Consumer Affairs Act and any regulations made thereunder, and by the Malta Competition and Consumer Affairs Authority Act, and by the Representative Actions (Consumers) Act. Assignment of cases to the Civil Court (Asset Recovery Section). Added by: V.2021.65. 5B. To the Civil Court (Asset Recovery Section) there shall be assigned applications relating to matters concerning the recovery of proceeds of crime and to non-conviction based confiscation of property by the State or by an entity of the State as may be provided by any law from time to time in force and all other causes expressly assigned by law to the said section of the Civil Court. Assignment of cases to the First Hall of the Civil Court. Amended by: L.N. 8 of 2004. Substituted by: I.2018.21. 6. To the First Hall of the Civil Court shall be assigned all cases within the competence of the Civil Court and not assigned to the Family Section or the Voluntary Jurisdiction Section or the Commercial Section. Registrar to assign cases. 7. Subject to any rules of court or to any regulation, cases shall be assigned to the different sections of the Civil Court by the Registrar in accordance with the category to which the case refers. Chief Justice to determine Section in particular cases. 8. Where any dispute arises as to whether a case should be assigned to one section or another of the Civil Court, or where a case involves more than one category falling to be assigned to different sections of the Civil Court, the matter shall be referred to the Chief Justice who shall, in camera, determine the section to which the case shall be assigned. The determination by the Chief Justice shall be registered in the records of the case and shall be final. Court of Magistrates (Gozo) in its Superior Jurisdiction. Cap 12. 9. Without prejudice to the provisions of article 54 of the Code of Organization and Civil Procedure there shall be in the Court of Magistrates (Gozo), in its Superior Jurisdiction, two Sections to be styled respectively ''The Family Section'' and ''The General Jurisdiction Section''. To the Family Section shall be assigned cases falling within the competence of that Court in its Superior Jurisdiction and which are regulated by the provisions referred to in article 4(
  8. a)to (
  9. e)of this Order, and to the General Jurisdiction Sections shall be assigned cases falling within the competence of the said Court in its Superior Jurisdiction which are not assigned to the Family Section or to which the said article 54 of the said Code does not apply. Articles 7 and 9 of this Order shall mutatis mutandis apply with respect to cases falling within the competence of the said Court in its Superior Jurisdiction with regard to the assignment of cases to the various Sections. CIVIL COURTS (ESTABLISHMENT OF SECTIONS) [ S.L.12.19 3

🔗 Għas-sors uffiċjali

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.