Maltese Courts: The Reinstatement of the Commercial Court
In efforts to enhance the efficiency of the justice system and reducing the duration of legal proceedings, the Maltese government has proposed the establishment of a fully-fledged Commercial Court.
Whilst such introduction is intended to bring more efficient conditions in the law courts, one cannot forget that there once was a Commercial Court which was eradicated due to Court cases being stalled. Issues arose when the plea of jurisdiction was being raised prior to the actual Court case commencing, leaving the Court at a standstill, having to determine whether the Civil or Commercial Court shall have jurisdiction. This ended up stalling the cases far longer than necessary and sometimes even having the case thrown out upon the determination that the Commercial Court lacked jurisdiction.
In this regard, Article 2 of the Commercial Code, delineates what Maltese Commercial Law pertains to and what is excluded. Moreover, Article 3 of the Commercial Code lays out the instances where Commercial Law shall apply and when Civil Law must apply. However, both articles of law are vague and hence it is difficult to discern precisely what would fall under the newly fledged Commercial Court.
In this context, while any positive reforms aimed at improving efficiency in the Maltese Courts are welcomed, it is crucial that the proposed system addresses the previous jurisdictional issues to prevent history from repeating itself. Without careful consideration of this matter, there is a risk that the new system could inadvertently cause even more delays, undermining the very improvements it seeks to achieve.
Proposed changes to the Family Courts
Recently the Government also launched a public consultation on the proposed reforms to the Maltese Family Court, to effect significant updates to a system that has remained largely unchanged for over 20 years.
Whilst recognising that family law is a delicate subject, entailing careful and balanced approaches, plans were outlined to strengthen the legal framework, to allow for greater specialisation within the court system to promote fair and efficient resolutions, and with a particular focus on the best interests of children, including ensuring that children maintain relationships with both parents.
The first phase of the reforms calls for the creation of a dedicated Family Court, replacing the current system where family matters are handled within the Civil Court. This change is seen as a foundational step toward broader improvements in the sector.
Key proposals include:
- Establishing a standalone Family Court and consolidating family law into a single Family Code
- Creating a Family Board to assist in mediation and legal processes
- Revising mediation protocols to speed up case resolution
- Promoting equal parental rights, co-parenting, and child-focused decisions
- Addressing interim issues like access and maintenance during proceedings
- Setting up a multidisciplinary Court Support Office
- Expanding support for domestic violence victims
- Enhancing resources for family law professionals
- Simplifying the process of dividing assets
In this regard, the consultation period shall run up to November 11, 2024.
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