Proposal for setting up of Commercial Section within the Civil Court, First Hall

Source: www.judiciarymalta.gov.mt

A public consultation has been launched by the Ministry of Justice, Culture and Local Government on 26 June which is to run up until 24 July.

The consultation relates to a proposal of setting up a Commercial Section within the Civil Court, First Hall.

It is intended that the Commercial Section improves the quality and efficiency of the judicial process in respect of commercial cases. This is not equivalent to the setting up of a Commercial Court which used to exist within the Maltese legal system before its competencies were absorbed by the First Hall of the Civil Court.

The proposal here is such that the following claims, which are regulated by the Companies Act (Chapter 386 of the Laws of Malta), shall be dealt with within the specific competence of this specialised section:

  • Bankruptcy (Falliment)
  • Warrant of Seizure
  • Warrant of Prohibitory Injunction (Mandat ta’ Inibizzjoni)
  • Point of Law – Companies (Punt ta’ Li?i – Kumpanniji)
  • Application Art 300B, Chapter 386 – Restoration of Company Name on Register (Rikors Art 300B Kap 386)
  • Application Art 325, Chapter 386 – Defunct Companies (Rikors Art 325 kap 386)
  • Application Art 214, Act XXV of 1995 – (Rikors 214 – Att XXV_1995)
  • Application Art 402, Act XXV of 1995 – (Rikors 402 Att XXV_1995)
  • Sospensjoni E?ekuzzjoni Kambjali
  • Winding Up (Stralc)

In addition to this legislative procedural restructuring there will be enhancements in the court automation procedures which will bring with the introduction of the online filing of the initial complaints and the electronic payment of fees.