s 16I Commencement of Part 3 proceedings
16I.—(1) Subject to subsection (2), any Part 3 proceedings that may be heard and determined by a Protection from Harassment Court must in the first instance be commenced in a Protection from Harassment Court.[17/2019] (2) Despite subsection (1) —(a) a claim under section 11 may be commenced in the first instance in a Magistrate’s Court or the General Division of the High Court; (b) Part 3 proceedings may be commenced in the first instance in a District Court (other than the Protection from Harassment Court); and (c) Part 3 proceedings (except any Part 3 proceedings involving any claim under section 11) may be commenced in the first instance in a Family Court, in which any related proceeding is pending, with the permission of that court. [17/2019; 40/2019] [Act 25 of 2021 wef 01/04/2022] (3) A court may grant permission under subsection (2) only if it is just, expeditious and economical for the disposal of the Part 3 proceedings, for the Part 3 proceedings to be commenced in that court.[17/2019] [Act 25 of 2021 wef 01/04/2022] (4) Civil proceedings (other than Part 3 proceedings) may be commenced in the first instance in a Protection from Harassment Court only if those civil proceedings are —(a) related to any Part 3 proceedings that have been or will be commenced in the Protection from Harassment Court; and (b) commenced in the Protection from Harassment Court on or after the commencement of the related Part 3 proceedings.[17/2019] (5) Civil proceedings may, under this section, be commenced in a court only if the civil proceedings are within the civil jurisdiction of that court.[17/2019] (6) In this section, proceedings are related to Part 3 proceedings if —(a) both of those proceedings involve any common issue of law or fact; or (b) the rights to relief claimed in both of those proceedings are in respect of the same conduct or course of conduct.[Act 31 of 2022 wef 01/11/2022]