The enactment of Act IV of 2026 and Act VII of 2026 constitutes a significant legislative development in Malta’s judicial framework, introducing two specialised courts: the Commercial Court and the Family Court. Both Acts amend the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta) and related legislation, with the aim of restructuring jurisdiction in a manner that promotes specialisation and efficiency. These reforms form part of a broader legislative approach whereby Parliament exercises its competence to organise the courts and allocate jurisdiction through ordinary law, within the flexible constitutional framework governing the Maltese judiciary.
Act IV of 2026, entitled the Various Laws relating to the Establishment and Jurisdiction of the Commercial Court (Amendment) Act, formally establishes the Commercial Court as a court distinct from the Civil Court, First Hall. The Act introduces new provisions into the Code of Organisation and Civil Procedure, most notably through the insertion of a new Article 32A, which sets out the jurisdiction of the Commercial Court. This jurisdiction is extensive and encompasses causes of a commercial nature, including matters arising under the Commercial Code and the Companies Act, as well as disputes relating to banking and finance, intellectual property, competition and consumer affairs, maritime and aviation law, and insolvency.
The Act further provides that the Commercial Court shall be presided over by a judge and is intended to operate as a specialised forum for commercial litigation. In order to ensure continuity and legal certainty, the Act includes detailed transitional provisions regulating the transfer of pending cases. Upon the coming into force of the Act, causes pending before the Civil Court (Commercial Section), as well as other civil courts where the subject matter falls within the competence of the Commercial Court, are to be transferred accordingly. Importantly, the Act safeguards the validity of proceedings by providing that any judgment delivered by a court which previously had jurisdiction shall not be rendered null solely by reason of the change in forum.
Complementing this reform, Act VII of 2026, entitled the Various Laws relating to the Establishment of the Family Court (Amendment) Act, introduces the Family Court as a new judicial organ within the Maltese court system. The Act amends the Code of Organisation and Civil Procedure by expressly including the Family Court among the courts of civil jurisdiction and by inserting a new Article 32B, which defines its structure and competence. The Family Court is to be presided over by a single judge and is vested with jurisdiction over causes of a civil nature relating to family matters. These include matters arising under Titles I, II and IV of Book First of the Civil Code, the Marriage Act, maintenance legislation, and laws concerning child abduction and custody
The Act also confers regulatory powers on the Minister responsible for justice to further define the jurisdiction of the Family Court, including the possibility of extending its competence to additional family-related causes and to certain criminal matters connected with civil family proceedings. Furthermore, the legislation provides for the reassignment of all cases previously falling within the competence of the Civil Court (Family Section) to the newly established Family Court upon the coming into force of the relevant provisions.
In addition to jurisdictional restructuring, Act VII of 2026 introduces amendments to the Criminal Code, including provisions relating to offences connected with breaches of family-related obligations, such as failure to comply with access or custody arrangements. It also introduces the concept of a “continuous offence” in relation to repeated violations of maintenance, custody, and access obligations, thereby ensuring that such conduct may be treated as a single continuing offence for procedural purposes. These amendments illustrate the integrated nature of the reform, which extends beyond civil jurisdiction and into related areas of substantive law.
Taken together, Acts IV and VII of 2026 represent a comprehensive legislative effort to reorganise specific areas of judicial competence in Malta through the creation of specialised courts. The Commercial Court centralises the adjudication of complex commercial disputes within a dedicated forum, while the Family Court provides a structured and specialised setting for the resolution of family-related matters. Both reforms are accompanied by detailed jurisdictional provisions and transitional mechanisms, ensuring continuity of proceedings and legal certainty. As such, these Acts mark an important stage in the ongoing evolution of Malta’s judicial system, reflecting a legislative preference for specialised adjudication tailored to the nature of different categories of disputes.
Written by Julian Mifsud, Legal Intern
