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Assignment of judge of High Court as judge of Family High Court
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16. (1) The President of the High Court may assign an ordinary judge of the High Court to be a judge of the Family High Court where he or she is satisfied that the judge concerned is, by reason of his or her training or experience and his or her temperament, a suitable person to deal with family law proceedings.
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(2) The President of the High Court, in exceptional circumstances where required by the exigencies of the High Court and following consultation by the President of the High Court with the Principal Judge of the Family High Court, may request a 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.
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(3) Subject to subsection (8), a person who, on and after the coming into operation of this section, is assigned as a judge of the Family High Court shall be so assigned—
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(a) for a term of not less than 3 years, or
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(b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the High Court,
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whichever occurs first, and, in a case to which paragraph (a) relates, shall, on the expiry of the period referred to in that paragraph, be eligible for reassignment under subsection (1) as a judge of the Family High Court.
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(4) A person who is to be appointed, or who is appointed, an ordinary judge of the High Court who wishes to express an interest in being assigned by the President of the High Court under subsection (1) may forward an expression of such interest to the President of the High Court.
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(5) An expression of interest referred to in subsection (4) shall not be forwarded by the person expressing the interest to any person other than the President of the High Court.
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(6) An ordinary judge of the High Court who is assigned to the Family High Court and who has completed 3 years as a judge of the Family High Court may request that his or her assignment be terminated.
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(7) Where the period of assignment of an ordinary judge of the Family High Court referred to in subsection (3)(a) expires, or is terminated pursuant to a request under subsection (6), the President of the High Court may at any time thereafter reassign the judge concerned to fill a vacancy for a judge in the High Court.
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(8) Where the President of the High Court, in consultation with the Principal Judge of the Family 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—
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(a) reassign a judge of the Family High Court to the High Court, and
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(b) assign a new judge of the Family High Court under subsection (1) to take the place of the judge reassigned under paragraph (a).
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(9) Where a judge is reassigned under subsection (7) or subsection (8)(a), he or she shall, at the request of the Principal Judge of the Family High Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as a judge of the Family High Court.
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