Community Disputes Resolution Tribunals (Amendment) Rules 2022

No. S 199

Community Disputes Resolution Act 2015

Community Disputes Resolution Tribunals
(Amendment) Rules 2022

In exercise of the powers conferred by section 32 of the Community Disputes Resolution Act 2015, we, the Rules Committee, make the following Rules:

Citation and commencement

1. These Rules are the Community Disputes Resolution Tribunals (Amendment) Rules 2022 and come into operation on 1 April 2022.

Amendment of rule 2

2. Rule 2 of the Community Disputes Resolution Tribunals Rules 2015 (G.N. No. S 565/2015) (called in these Rules the principal Rules) is amended —

(a)	by deleting the words “Rules of Court (Cap. 322, R 5)” in paragraph (2) and substituting the words “Rules of Court 2021 (G.N. No. S 914/2021)”;
(b)	by deleting the words “Order 18, Rule 19 of the Rules of Court” in paragraph (2)(e) and substituting the words “Order 9, Rule 16 of the Rules of Court 2021”;
(c)	by deleting the words “Orders 62 and 63A of the Rules of Court” in paragraph (2)(f) and substituting the words “Orders 7 and 28 of the Rules of Court 2021”; and
(d)	by deleting the words “Rules of Court” in the rule heading and substituting the words “Rules of Court 2021”.

Amendment of rule 4

3. Rule 4 of the principal Rules is amended —

(a)	by deleting the words “Rules of Court (Cap. 322, R 5)” in paragraph (a)(ii) and substituting the words “Rules of Court 2021”; and
(b)	by deleting the words “Rules of Court” in paragraph (b) and substituting the words “Rules of Court 2021”.

Amendment of rule 5

4. Rule 5 of the principal Rules is amended —

(a)	by deleting the words “pre‑trial conference” in paragraph (3) and substituting the words “case conference”; and
(b)	by deleting the words “Order 29, Rule 1(2) of the Rules of Court (Cap. 322, R 5)” in paragraph (6) and substituting the words “Order 13, Rule 1(3) of the Rules of Court 2021”.

Amendment of rule 6

5. Rule 6(3) of the principal Rules is amended —

(a)	by deleting the words “Order 34A of the Rules of Court (Cap. 322, R 5) (other than Rule 4 of that Order) applies” in sub‑paragraph (a) and substituting the words “Order 9, Rules 1 to 4 of the Rules of Court 2021 apply”;
(b)	by deleting sub‑paragraph (b); and
(c)	by deleting the words “Pre‑trial conference” in the rule heading and substituting the words “Case conference”.

Amendment of rule 7

6. Rule 7 of the principal Rules is amended —

(a)

by deleting the words “Rules of Court (Cap. 322, R 5)” and substituting the words “Rules of Court 2021”; and

(b)

by deleting paragraphs (a), (b) and (c) and substituting the following paragraphs:

“(a)	Order 9, Rule 17 (summary judgment);
(b)	Order 9, Rule 19 (decision on questions of law or construction of documents);
(c)	Order 11 (production of documents).”.

Amendment of rule 10

7. Rule 10(7) of the principal Rules is amended by deleting the words “a subpoena” and substituting the words “an order”.

Amendment of rule 12

8. Rule 12 of the principal Rules is amended by deleting the words “Rules of Court (Cap. 322, R 5)” and substituting the words “Rules of Court 2021”.

New Part 3A

9. The principal Rules are amended by inserting, immediately after Part 3, the following Part:

“PART 3A

witnesses

Form and issue of summons

13A.—(1) A tribunal or the Registrar may, on the tribunal’s or the Registrar’s own initiative or at the request (by an application in the appropriate Form) of any party to the proceedings before the tribunal, summon any person —

(a)	to attend before the tribunal at the time and place specified in the summons to give evidence at the hearing and produce documents in the person’s possession, custody or control; or
(b)	without attending before the tribunal, to produce to the tribunal such documents in the person’s possession, custody or control as are specified in the summons.

(2) The fee specified in item 11 or 12 of the First Schedule is payable by the party requesting the summons on sealing a summons to a witness under paragraph (1).

(3) The tribunal may determine —

(a)	the sum (if any) to be paid to the person to whom the summons is directed for each day or part of a day during which the person is required to be present before the tribunal;
(b)	which party is to pay the sum mentioned in sub‑paragraph (a); and
(c)	where 2 or more persons are to pay such sum, how that sum is to be apportioned between those persons.

Service of summons on witness

13B.—(1) Every summons issued under rule 13A must be served on the person to whom it is directed.

(2) A summons must not be served on any witness outside Singapore.

(3) The obligation on a witness summoned under rule 13A to attend any hearing extends to any time and place to which the hearing may be adjourned.

(4) A tribunal or the Registrar may direct a party who served the summons to file a declaration of service in the appropriate Form.”.

Amendment of rule 15

10. Rule 15(2) of the principal Rules is amended —

(a)	by deleting the words “Order 55B of the Rules of Court (Cap. 322, R 5) applies” and substituting the words “Divisions 1 and 2 of Order 18 of the Rules of Court 2021 apply”;
(b)	by deleting the words “in Chambers” in sub‑paragraph (a); and
(c)	by deleting the words “Rule 1(3) of that Order to a notice in Form 112” in sub‑paragraph (b) and substituting the words “Rule 15 of that Order to a notice of appeal in Form 35”.

Amendment of rule 17

11. Rule 17 of the principal Rules is amended —

(a)	by deleting the words “Order 55D, Rules 3(2), (3), (4) and (6) to (9) and 5 to 18 of the Rules of Court (Cap. 322, R 5)” in paragraph (4) and substituting the words “Subject to paragraph (5), Divisions 1 and 2 of Order 19 of the Rules of Court 2021”; and
(b)	by deleting the words “Order 55D, Rules 1, 2, 3(1) and (5) and 4 of the Rules of Court” in paragraph (5) and substituting the words “Order 19, Rules 14(1), 15 and 16(1) to (6) of the Rules of Court 2021”.

Amendment of rule 19

12. Rule 19 of the principal Rules is amended —

(a)	by deleting the words “Appendix B to the Rules of Court (Cap. 322, R 5)” in paragraph (1) and substituting the words “Parts 1 and 3 of the Fourth Schedule to the Rules of Court 2021”; and
(b)	by deleting the words “Appendix B to the Rules of Court” in paragraph (2) and substituting the words “Parts 1 and 3 of the Fourth Schedule to the Rules of Court 2021”.

Amendment of rule 20

13. Rule 20(6) of the principal Rules is amended by deleting the words “Order 90A of the Rules of Court (Cap. 322, R 5)” and substituting the words “Part 2 of the Fourth Schedule to the Rules of Court 2021”.

Amendment of rule 22

14. Rule 22(1) of the principal Rules is amended by deleting the words “originating summons” and substituting the words “originating application”.

Miscellaneous amendments

15. The principal Rules are amended —

(a)

by deleting the word “plaintiff” in the following provisions and substituting in each case the word “claimant”:

Rule 5(2), (3) and (4)

Rule 6(2)(a) and (c) and (3)(c)

Rule 8(b)

Rule 20(2);

(b)

by deleting the word “plaintiff’s” in the following provision and substituting the word “claimant’s”:

Rule 5(4);

(c)

by deleting the word “leave” wherever it appears in the following provisions and substituting in each case the word “permission”:

Rule 5(5)

Rule 9(5)

Rule 10(6)

Rule 11(5)

Rule 16(1)

Rule 17(1)

First Schedule (items 4(f) and 9); and

(d)

by deleting the word “Leave” in the following provision and substituting the word “Permission”:

Rule 16 (rule heading).

Amendment of First Schedule

16. The First Schedule to the principal Rules is amended by inserting, immediately after item 10, the following items:

“11.	On sealing a summons to a witness

$10

Summons.

12.	On sealing an urgent summons to a witness (being a summons that is issued less than 3 days before the day on which the witness is to attend before, or produce documents to, the tribunal)

$20

Summons.”.

Saving and transitional provision

17. Despite rules 2 to 16, the principal Rules as in force immediately before 1 April 2022 continue to apply to and in relation to any proceedings commenced by a claim in the Community Disputes Resolution Tribunal before that date, until the disposal of those proceedings, including any appeal arising from those proceedings, as if these Rules had not been enacted.

[G.N. Nos. S 50/2018; S 1032/2020]

Made on 8 March 2022.

SUNDARESH MENON

Chief Justice.

LUCIEN WONG

Attorney-General.

TAY YONG KWANG

Justice of the Court of Appeal.

STEVEN CHONG

Justice of the Court of Appeal.

BELINDA ANG SAW EAN

Judge of the Appellate Division.

QUENTIN LOH

Judge of the Appellate Division.

VINODH COOMARASWAMY

Judge.

VINCENT HOONG SENG LEI

Presiding Judge of the State Courts.

CHRISTOPHER TAN PHENG WEE

District Judge and Registrar of the State Courts.

SIRAJ OMAR, SC

Advocate and Solicitor.

CHAN TAI-HUI JASON, SC

Advocate and Solicitor.

[SUPCT.RJW.009.0000; AG/LEGIS/SL/49C/2020/1 Vol. 1]

(To be presented to Parliament under section 32(4) of the Community Disputes Resolution Act 2015).

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