Family Courts Act 2024

• Permanent Page URL

Assignment of Principal Judge of Family High Court

15. (1) Subject to subsection (2), the President of the High Court may assign an ordinary judge of the High Court who, by reason of his or her training or experience and his or her temperament, is a suitable person to deal with family law proceedings to be, and who shall be known as, the Principal Judge of the Family High Court.

(2) For the purposes of making an assignment under subsection (1), the President of the High Court shall select the ordinary judge of the High Court to be assigned as Principal Judge of the Family High Court in accordance with a selection process specified under subsection (3).

(3) The President of the High Court shall—

(a) prior to specifying a selection process under this subsection, request the Judicial Appointments Commission to make recommendations as to the appropriate selection process to be followed, and

(b) specify the selection process, which shall be in accordance with the recommendations of the Judicial Appointments Commission provided in compliance with the request under paragraph (a).

(4) The Judicial Appointments Commission shall comply with a request under subsection (3)(a).

(5) A person who is to be appointed, or who is appointed, as an ordinary judge of the High Court who wishes to express an interest in being assigned as Principal Judge of the Family High Court by the President of the High Court under subsection (1) may forward an expression of such interest to the President of the High Court.

(6) An expression of interest referred to in subsection (5) shall not be forwarded by the person expressing the interest to any person other than the President of the High Court.

(7) Where the President of the High Court is satisfied that it is in the interests of the good administration of the High Court or the Family High Court to do so, he or she may—

(a) reassign the Principal Judge of the Family High Court to the High Court, and

(b) assign a new Principal Judge of the Family High Court under subsection (1) to take the place of the judge reassigned under paragraph (a).

(8) The President of the High Court, in exceptional circumstances where required by the exigencies of the High Court, may request the Principal Judge of the Family High Court from time to time to sit as, and exercise any of the powers of, an ordinary judge of the High Court.

(9) Subject to subsection (7), a person who, on and after the coming into operation of this section, is assigned as the Principal Judge of the Family High Court shall be so assigned—

(a) for a period of not less than 4 years, or

(b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the High Court,

whichever occurs first, and, in a case to which paragraph (a) relates, shall not, on the expiry of the period referred to in that paragraph, be eligible for reassignment as the Principal Judge of the Family High Court.

(10) Where the Principal Judge of the Family High Court has completed 4 years in his or her assignment under subsection (1), he or she may request that his or her assignment be terminated.

(11) Where the period of assignment of a Principal Judge of the Family High Court referred to in subsection (9)(a) expires, or is terminated pursuant to a request under subsection (10), the President of the High Court may at any time thereafter reassign the judge concerned—

(a) under section 16 (1) to be a judge of the Family High Court, or

(b) to fill a vacancy for an ordinary judge in the High Court.

(12) Where a judge is reassigned in accordance with subsection (7)(a) or (11), he or she shall, at the request of the President of the High Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as Principal Judge of the Family High Court.