No. S 227
Women’s Charter
(Chapter 353)
Women’s Charter (Matrimonial Proceedings) (Amendment) Rules 2005
In exercise of the powers conferred on us by section 139(1) and (2) of the Women’s Charter, we, the Judges of the Supreme Court, hereby make the following Rules:
Citation, commencement and application
1.—(1)  These Rules may be cited as the Women’s Charter (Matrimonial Proceedings) (Amendment) Rules 2005 and shall come into operation on 30th April 2005.
(2)  These Rules shall apply to proceedings under Part X of the Women’s Charter whether commenced before, on or after 30th April 2005, except that the Rules in force immediately before 30th April 2005 shall continue to apply to any application made by way of summons-in-chambers filed before 30th April 2005 as if these Rules had not come into operation.
Amendment of rule 2
2.  Rule 2(1) of the Women’s Charter (Matrimonial Proceedings) Rules (R 4) (referred to in these Rules as the principal Rules) is amended by inserting immediately before the definition of “agreed matrimonial property plan”, the following definition:
“ “Affidavit of Assets and Means” means an affidavit in such form as is prescribed under rule 37;”.
Amendment of rule 3
3.  Rule 3 of the principal Rules is amended by inserting, immediately after paragraph (2), the following paragraph:
“(3)  For the avoidance of doubt, Orders 21, 23, 24, 26 and 26A of the Rules of Court shall not apply to any proceedings under Part X of the Act to which these Rules relate, unless otherwise stated.”.
Deletion and substitution of rule 24
4.  Rule 24 of the principal Rules is deleted and the following rule substituted therefor:
“Discovery, inspection of documents and interrogatories
24.—(1)  Order 24 of the Rules of Court shall apply, with the necessary modifications, to a defended cause begun by petition or originating summons under Part X of the Act as it applies to an action begun by writ, except in relation to any claim therein for ancillary relief.
(2)  Orders 26 and 26A of the Rules of Court shall apply, with the necessary modifications, to a defended cause begun by petition or originating summons under Part X of the Act as it applies to an action begun by writ, except in relation to any claim therein for ancillary relief.
(3)  Rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I, 24J, 24K, 24L, 24M, 24N and 24O shall apply to all matters involving ancillary relief, arising under any cause begun by petition under Part X of the Act.”.
New rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I, 24J, 24K, 24L, 24M, 24N and 24O
5.  The principal Rules are amended by inserting, immediately after rule 24, the following Rules:
“Discovery in respect of ancillary relief
24A.—(1)  Subject to paragraph (9) and rule 24K, the court may, at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document so specified or described is, or has at any time been, in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it.
(2)  Upon the making of an order under paragraph (1), if a document or class of documents is stated by the party in his affidavit to be in his possession, custody or power, the court may order the party to exhibit a copy or copies of the document or class of documents in the affidavit.
(3)  An application for an order under this rule must be in such form as the Registrar may direct, and supported by an affidavit stating the belief of the deponent —
(a)that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power, the document or class of documents specified or described in the application; and
(b)that the document falls within one of the following descriptions:
(i)a document on which the party relies or will rely;
(ii)a document which could —
(A)adversely affect his own case;
(B)adversely affect another party’s case; or
(C)support another party’s case; and
(iii)a document which may lead the party seeking discovery of it to a train of inquiry resulting in his obtaining information which may —
(A)adversely affect his own case;
(B)adversely affect another party’s case; or
(C)support another party’s case.
(4)  No application under paragraph (1) may be made without the leave of court in respect of any document or class of documents until the party making the application has served a request on the other party seeking discovery of the said document or class of documents, in such form as the Registrar may direct, at least 14 days before the filing of the application.
(5)  The request referred to under paragraph (4) must set out, in respect of each such document or class of documents, the reasons for requesting discovery.
(6)  A party who is served with such a written request for discovery shall serve a notice, in such form as the Registrar may direct, within 7 days of having been served with the said request, stating —
(a)which document or class of documents he is willing to provide discovery of, and in what mode he is willing to provide such discovery; and
(b)which document or class of documents he is not willing or not able to provide discovery of.
(7)  Unless otherwise agreed by parties, the document or class of documents which the party is willing to provide discovery of under paragraph (6)(a) shall be provided or made available, as the case may be, within 14 days of the service of the written request for discovery.
(8)  In deciding whether to grant an order under paragraph (1), the court shall take into account the extent of discovery which the party from whom discovery is sought has stated that he is willing to provide under paragraph (6)(a), as well as any offer made by the party to give particulars or make admissions relating to any matter in question.
(9)  An order under paragraph (1) shall not be made in respect of any party before the granting of the decree nisi, or before the Affidavit of Assets and Means has been filed by the petitioner and the respondent, unless, in the opinion of the court —
(a)the order is necessary to prevent the disposal of a party’s assets; or
(b)the order is made in conjunction with an order preventing the disposal of a party’s assets; or
(c)there is any other exceptional circumstance necessitating the making of the order.
Duty to discover continues throughout proceedings
24B.  After the making of any order under rule 24A, the party required to give discovery under any such order shall remain under a duty to continue to give discovery of all documents falling within the ambit of such order until the proceedings in which the order was made are concluded.
Inspection of documents in respect of ancillary relief
24C.—(1)  Any party to a cause or matter shall be entitled at any time to serve a notice, in such form as the Registrar may direct, on any other party in whose pleadings or affidavits reference is made to any document, requiring such party to produce that document for the inspection of the party giving the notice and to permit him to take copies thereof.
(2)  The party on whom a notice is served under paragraph (1) must, within 7 days after service of the notice, serve on the party giving the notice a notice in such form as the Registrar may direct —
(a)stating a time within 7 days after the service thereof at which the documents, or such of them as he does not object to produce, may be inspected at a place specified in the notice; and
(b)stating which (if any) of the documents he objects to produce and on what grounds.
Order for production of documents for inspection
24D.—(1)  If a party who is served with a notice under rule 24C(1) —
(a)fails to serve a notice under rule 24C(2);
(b)objects to produce any document for inspection; or
(c)offers inspection at a time or place such that, in the opinion of the court, it is unreasonable to offer inspection then or, as the case may be, there,
then, subject to rule 24K, the court may, on the application of the party entitled to inspection, make an order for the production of the documents in question for inspection at such time and place, in such manner, and on such conditions, as it thinks fit.
(2)  Without prejudice to paragraph (1), but subject to rule 24K, the court may, on the application of any party to a cause or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party, in respect of which discovery has been given under rule 24A or in pursuance of any order made under this rule.
(3)  In particular, on the making of an order under rule 24A(1), the court may, in lieu of making an order under rule 24A(2), make such orders for the production of the relevant documents for inspection at such time and place, and in such manner, as it thinks fit.
(4)  An application for an order under paragraph (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that they are in the possession, custody or power of the other party and that discovery has been given of them under rule 24A or in pursuance of any order made under this rule.
Production of business books
24E.—(1)  Where the production of any business books for inspection is applied for under rule 24D, the court may, instead of ordering the production of the original books for inspection, order a copy of any entries therein to be supplied and verified by an affidavit of some person who has examined the copy with the original books.
(2)  Any such affidavit shall state whether or not there are in the original book any, and, if so what, erasures, interlineations or alterations.
(3)  Notwithstanding that a copy of any entries in any book has been supplied under this rule, the court may order production of the book from which the copy was made.
Restriction on use of privileged document, inspection of which has been inadvertently allowed
24F.  Where a party inadvertently allows a privileged document to be inspected, the party who inspected it may use it or its contents only if the leave of the court to do so is first obtained.
Interrogatories in respect of ancillary relief
24G.—(1)  A party to any proceedings under Part X of the Act may serve interrogatories on any other party to the proceedings, in such form as the Registrar shall direct, setting out the reasons for requesting the interrogatories in respect of each interrogatory.
(2)  The interrogatories must relate to a matter in question between the applicant and that other party in the proceedings and must be necessary either for disposing fairly of the matter, or for saving costs.
(3)  A party who is served with the interrogatories shall serve a notice, in such form as the Registrar may direct, on the party who has served the interrogatories, within 7 days of having been served with the said interrogatories, stating —
(a)which interrogatories he is willing to answer, to the best of his knowledge, information and belief; and
(b)which interrogatories he is not willing or not able to answer.
(4)  Unless otherwise agreed between the parties, the interrogatories which the party is willing to answer shall be answered by affidavit to be filed within 14 days of the service of the written request for interrogatories.
(5)  In the event that no response is received from the party to be interrogated within the period specified in paragraph (3), or if the party to be interrogated has stated in writing, pursuant to paragraph (3), that he is not willing or not able to answer any or all of the interrogatories served, then the party who has served the interrogatories may apply to court for an order for the relevant interrogatories to be answered.
(6)  The application for the interrogatories to be answered under paragraph (5) shall be made by way of summons, and shall be in such form as the Registrar may direct.
(7)  A copy of the interrogatories which had been served on the other party under paragraph (1) shall be annexed to and served with the summons.
(8)  An order under paragraph (5) shall not be made in any cause or matter in respect of any party before the granting of the decree nisi, or before the Affidavit of Assets and Means has been filed by the petitioner and the respondent, unless, in the opinion of the court —
(a)the order is necessary to prevent the disposal of a party’s assets; or
(b)the order is made in conjunction with an order preventing the disposal of a party’s assets; or
(c)there is any other exceptional circumstance necessitating the making of the order.
(9)  In deciding whether to grant an application for interrogatories, the court shall take into account any offer made by the party to be interrogated to give particulars, make admissions or produce documents relating to any matter in question.
(10)  Any interrogatories which the court has ordered to be answered shall be answered by affidavit to be filed within such period as the court sees fit to order.
(11)  The interrogatories served under paragraph (1) and the application filed under paragraph (5) shall specify, where the interrogatories are to be administered to a body corporate or unincorporate which is empowered by law to sue or be sued whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be administered.
Objections and insufficient answers to interrogatories
24H.—(1)  Where a person objects to answering any interrogatory on the ground of privilege, he may take the objection in his answer.
(2)  Where any person, on whom interrogatories under rule 24G(3) have been served, or who has been ordered to answer interrogatories under rule 24G(5), answers any of them insufficiently, the court may make an order requiring him to make a further answer, either by affidavit or on oral examination as the court may direct.
(3)  Where any person gives insufficient answers to interrogatories which have been served on him under rule 24G(3) or ordered under rule 24G(5), the party administering the interrogatories may ask for further and better particulars of the answers given.
Discovery and interrogatories against other person
24I.—(1)  An application after the commencement of proceedings for an order for the discovery of documents, or for an order for interrogatories to be answered, by a person who is not a party to the proceedings shall be made by summons.
(2)  A summons under paragraph (1) must be served on that person personally and on every party to the proceedings.
(3)  A summons under paragraph (1) shall be supported by an affidavit which must —
(a)state the grounds for the application, the material facts pertaining to the proceedings, and whether the person against whom the order is sought is likely to be a party to the proceedings;
(b)in respect of an application for the discovery of documents, show, if practicable, by reference to any pleading or affidavit served or intended to be served in the proceedings, that the documents in respect of which the discovery is sought are relevant to an issue arising or likely to arise out of a claim made in the proceedings or the identity of likely parties to the proceedings, or both, and that the person against whom the order is sought is likely to have or have had them in his possession, custody or power;
(c)in respect of an application for interrogatories to be answered, show, if practicable, by reference to any pleading or affidavit served or intended to be served in the proceedings that the answers to the interrogatories are relevant to an issue arising or likely to arise out of a claim made in the proceedings or the identity of likely parties to the proceedings, or both.
(4)  A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.
(5)  The summons shall specify, where the application is for leave to administer interrogatories to a body corporate or unincorporate which is empowered by law to sue or be sued whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be administered.
(6)  Subject to rule 24K, an order for the discovery of documents by or for leave to administer interrogatories to a person who is not a party to the proceedings may be made by the court —
(a)for the purpose of or with a view to identifying possible parties to the proceedings in such circumstances where the court thinks it just to make such an order, and on such terms as it thinks just; or
(b)in any case, where the court thinks it necessary to prevent injustice or to prevent an abuse of the process of the court, and on such terms as it thinks just.
(7)  An order for the discovery of documents or for interrogatories to be answered may be made conditional on the applicant’s giving security for the costs of the person against whom it is made or on such other terms, if any, as the court thinks just.
(8)  The court may make any of the orders set out in rules 24A, 24C, 24D, 24E and 24G in the case of an order for the discovery of documents or for interrogatories to be answered against a person who is not a party to the proceedings.
(9)  No person shall be compelled by virtue of such an order for the discovery of documents to produce any document which he could not be compelled to produce if he had been served with a writ of subpoena duces tecum to give evidence or to produce the documents at the trial.
(10)  For the purpose of rules 24C, 24D, 24E and 24F, an application for an order for discovery under this rule shall be treated as a cause or matter between the applicant and the person against whom the order is sought.
(11)  Rule 24A(4), (5), (6), (7), (8) and (9) shall apply to an application or order for discovery which is made under this rule.
(12)  Rules 24G and 24H shall apply to an application or order for interrogatories to be answered which is made under this rule.
(13)  Unless the court orders otherwise, where an application is made in accordance with this rule for an order, the person against whom the order is sought shall be entitled to his costs of the application, and of complying with any order made thereon on an indemnity basis.
Order for determination of issue, etc., before discovery, inspection or interrogatories
24J.  Where on an application for an order for discovery, inspection or interrogatories, it appears to the court that any issue or question in the cause or matter should be determined before any discovery of documents, inspection, or answers to interrogatories are made by the parties, the court may order that issue or question to be determined first.
Discovery, inspection and answers to interrogatories to be ordered only if necessary
24K.  On the hearing of any application for an order under rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H or 24I, the court may, if satisfied that discovery, inspection or answers to interrogatories are not necessary, or not necessary at that stage of the cause or matter, dismiss or, as the case may be, adjourn the application and shall in any case refuse to make such an order if and so far as it is of the opinion that the discovery, inspection or answers to interrogatories are not necessary either for disposing fairly of the cause or matter or for saving costs.
Order for production to court
24L.—(1)  At any stage of the proceedings in any cause or matter the court may, subject to rule 24M, order any party to produce to the court any document in his possession, custody or power that falls within one of the following descriptions:
(a)documents on which a party applying relies or will rely;
(b)documents which could —
(i)adversely affect a party’s case; or
(ii)support a party’s case; and
(c)documents which may lead to a train of inquiry resulting in the obtaining of information which may —
(i)adversely affect a party’s case; or
(ii)support a party’s case.
(2)  The court may deal with the document when produced in pursuance of an order made under paragraph (1) in such manner as it thinks fit.
Failure to comply with order for discovery, inspection or interrogatories etc.
24M.—(1)  If any party fails to comply with any provision in rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I and 24L, or with any order made under those rules, or both, as the case may be, then, without prejudice to rule 24D(1), in the case of a failure to comply with any such provision, the court may make such order as it thinks just.
(2)  If any party or person against whom an order for discovery or production of documents, or an order to answer or to make further answer to any interrogatories, is made fails to comply with it, then, without prejudice to paragraph (1), he shall be liable to committal.
(3)  Service on a party’s solicitor of an order for discovery or production of documents made against that party or of an order for the party to answer or make further answer to any interrogatories, shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.
(4)  A solicitor on whom such an order made against his client is served and who fails, without reasonable excuse, to give notice thereof to his client shall be liable to committal.
(5)  A party who is required by any provision in rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I and 24L or by any order made under those rules, to make discovery of documents or to produce any document for the purpose of inspection or any other purpose, or to answer or make further answer to any interrogatories, but who fails to comply with any provision of this rule or with that order, as the case may be —
(a)may not rely on those documents save with the leave of the court; and
(b)may have an adverse inference drawn against him pursuant to section 116(g) of the Evidence Act (Cap. 97).
Revocation and variation of orders
24N.  Any order made under rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I and 24L (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the court made or given at or before the trial of the cause or matter in connection with which the original order was made.
Document disclosure of which would be injurious to public interest: Saving
24O.  Rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I and 24L shall be without prejudice to any rule of law which authorises or requires the withholding of any document or information on the ground that the disclosure of it would be injurious to the public interest, or against the interests of justice.”.
New rule 26A
6.  The principal Rules are amended by inserting, immediately after rule 26, the following rule:
“Examination of children
26A.—(1)  After proceedings have been filed under Part X of the Act, a party shall not, without the leave of the court, cause a child to be examined or assessed by any psychologist, psychiatrist, counsellor or other social work professional or mental health professional for the purpose of the preparation of expert evidence for use in the ancillary matters proceedings involving the custody and welfare of the child.
(2)  The application for leave under paragraph (1) shall be by way of summons, which shall be in such form as the Registrar may direct.
(3)  At the hearing of the application for leave under paragraph (1), the court may give such directions and orders as it thinks fit, including directions relating to the appointment of an independent expert and the payment of his remuneration, and limiting the number of experts who may be called in the proceedings.
(4)  Where a party fails to obtain the leave of the court as required under paragraph (1), no evidence arising out of an examination or assessment to which paragraph (1) applies may be adduced without the leave of the court.”.
New rules 33A, 33B, 33C, 33D, 33E, 33F and 33G
7.  The principal Rules are amended by inserting, immediately after rule 33, the following rules:
“Withdrawal of appearance
33A.  A party who has entered an appearance in any action under Part X of the Act may withdraw the appearance at any time with the leave of the court.
Discontinuance of action without leave
33B.  .—(1) A party who has filed a petition or originating summons under Part X of the Act may, by filing a Notice of Discontinuance in Form 31, without the leave of the court discontinue the action against the respondent or defendant and all other parties to the proceedings, so long as service of the petition or originating summons, as the case may be, has not been effected on the respondent or defendant or any other party to the proceedings as at the date on which the notice is filed in court.
(2)  If all the parties to an action consent, the action may be withdrawn without the leave of the court at any time before trial by filing a Notice of Discontinuance in Form 31 signed by all the parties.
Discontinuance of action with leave
33C.  Except as provided by rule 33B, a party may not discontinue an action under Part X of the Act (including an action commenced by way of a cross-petition) without the leave of the court, and the court hearing an application for the grant of such leave may order the action to be discontinued on such terms as to costs, the bringing of a subsequent action or otherwise as it thinks just.
Effect of discontinuance
33D.  Subject to any terms imposed by the court in granting leave under rule 33C, the fact that a party has discontinued an action under rule 33B or 33C shall not be a defence for any other party to a subsequent action by the party for the same, or substantially the same, cause of action.
Stay of subsequent action until costs paid
33E.  Where a party has discontinued an action and he is liable to pay any other party’s costs of the action, then, if before payment of those costs, he subsequently brings an action for the same, or substantially the same, cause of action, the court may order the proceedings in that action to be stayed until those costs are paid.
Withdrawal of summons
33F.  A party who has taken out a summons in a cause or matter may not withdraw it without the leave of the court.
Duration and renewal of petition, etc.
33G.—(1)  For the purposes of service, a petition is valid in the first instance for 12 months beginning with the date of its issue.
(2)  Subject to paragraph (3), where a petition has not been served on a respondent to the proceedings, the court may by order extend the validity of the petition from time to time for such period, not exceeding 6 months at any one time, beginning with the day on which it would otherwise expire, as may be specified in the order, if an application for extension is made to the court before that day or such later day (if any), as the court may allow.
(3)  Where the court is satisfied on an application under paragraph (2) that, despite the making of reasonable efforts, it may not be possible to serve a petition within 6 months, the court may, if it thinks fit, extend the validity of the petition for such period, not exceeding 12 months at any one time, as the court may specify.
(4)  Before a petition, the validity of which has been extended under paragraphs (2) and (3), is served, the first page of the petition must be —
(a)endorsed with the date of the order extending the validity of the petition;
(b)endorsed with the period from which the validity of the petition has been so extended; and
(c)marked with an official stamp in Form 32.
(5)  A copy of the petition with the relevant endorsement must be filed with the court within 14 days of the date of the order to extend the validity of the petition.
(6)  The order extending the validity of the petition need not be drawn up, unless the court otherwise directs.
(7)  This rule shall apply in relation to an originating summons filed under Part X of the Act as it applies in relation to a petition filed under that Part.”.
Deletion and substitution of rule 37
8.  Rule 37 of the principal Rules is deleted and the following rule substituted therefor:
“Filing of Affidavit of Assets and Means
37.—(1)  Where a husband or wife is served with a petition in which maintenance or an order for division of assets is claimed and enters an appearance, he or she shall, if the court so orders, file an Affidavit of Assets and Means in such form as the Registrar may direct, within such period as the court sees fit to order.
(2)  If an Affidavit of Assets and Means is filed by a party pursuant to an order by the court, the other party shall, unless the court otherwise orders, and if he has not already done so, within 14 days after delivery of the Affidavit of Assets and Means, file his own Affidavit of Assets and Means.
(3)  Rules 24A, 24B, 24C, 24D, 24E, 24F, 24G, 24H, 24I, 24J, 24K, 24L, 24M, 24N and 24O shall apply to any application for discovery, interrogatories, or inspection relating to an Affidavit of Assets and Means.
(4)  An order for the filing of an Affidavit of Assets and Means shall not be made before the granting of the decree nisi unless the court is of the view that such an order is necessary or desirable.”.
Deletion and substitution of rule 38 and new rule 38A
9.  Rule 38 of the principal Rules is deleted and the following rules substituted therefor:
“Evidence in proceedings for division of assets or avoidance of disposition
38.—(1)  The affidavit filed in support of proceedings for the division of assets or avoidance of disposition shall contain, so far as is known to the deponent —
(a)in the case of an application for a transfer or settlement of assets —
(i)the assets in respect of which the application is made; and
(ii)the assets to which the party against whom the application is made is entitled either in possession or reversion;
(b)in the case of an application for an order for a variation of settlement order —
(i)all settlements, whether antenuptial or postnuptial, made on the spouses; and
(ii)the funds brought into settlement by each spouse; and
(c)in the case of an application for an avoidance of disposition order —
(i)the assets to which the disposition relates; and
(ii)the persons in whose favour the disposition is alleged to have been made, and in the case of a disposition alleged to have been made by way of settlement, the trustees and the beneficiaries of the settlement.
(2)  Where the proceedings for the division of assets or an avoidance of disposition order relates to land, the affidavit in support shall, in addition to containing any particulars required by paragraph (1) —
(a)state whether the title to the land is registered or unregistered and, if registered, the Land Registry title number;
(b)give particulars, so far as is known to the applicant, of any mortgage of the land or any interest therein; and
(c)give particulars of the registered owner or owners of the land, and if there is more than one owner, the manner in which the land is held, whether as joint tenants or tenants in common.
(3)  The affidavit or affidavits filed in respect of proceedings for the division of assets or an avoidance of disposition order, and any application filed to commence such proceedings, shall be served on the following persons as well as on the respondent to the proceedings:
(a)in the case of an application for an order for a variation of settlement order, the trustees of the settlement and the settlor if living;
(b)in the case of an application for an avoidance of disposition order, the person in whose favour the disposition is alleged to have been made, and any mortgagee of whom particulars are given pursuant to paragraph (2); and
(c)such other persons, if any, as the court may direct.
(4)  Subject to any directions which may be made by the court, any person served with an affidavit and an application (if any) to which this rule applies may, within 14 days after service, file an affidavit in answer.
Application for order to vary ancillary matters order
38A.—(1)  An application to vary an order made in the ancillary matters proceedings is to be made by way of summons.
(2)  If an application under paragraph (1) is filed more than one year from the date of the final ancillary matters order, the application must be served personally on every other party in accordance with rule 10, and proof of service shall be given in a manner provided for by rule 12.”.
Deletion and substitution of rule 43
10.  Rule 43 of the principal Rules is deleted and the following rule substituted therefor:
“Enforcement of orders
43.—(1)  Subject to the provisions of these Rules and of any other written law, a judgment or order may be enforced in accordance with the provisions in the Rules of Court (Cap. 322, R 5) for the enforcement of judgments and orders.
(2)  Where a party who has been ordered to lodge damages in court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Judge at any time to vary the order by directing the payment of the damages to an individual to be specified in the application.
(3)  The Judge, if satisfied that in the circumstances it is just and equitable to do so, may vary the order for lodgment of damages accordingly upon an undertaking by that individual to lodge the damages in court or otherwise deal with the damages and when received as the Judge may direct, except that if the application is made after decree absolute the Judge may, if satisfied as aforesaid, dispense with the undertaking.
(4)  Where a party who has been ordered to pay costs into court fails to do so in accordance with the order, the party in whose favour the order was made may apply to the Registrar to vary the order by directing payment to an individual to be specified in the application.
(5)  The Registrar, if satisfied that in the circumstances it is just and equitable to do so, may vary the order accordingly, except that, if the application is made before decree absolute, the order shall only be made upon the individual undertaking to pay the costs into court as and when received.”.
Deletion and substitution of rule 45
11.  Rule 45 of the principal Rules is deleted and the following rule substituted therefor:
“Security for costs
45.—(1)  On the application of a party to proceedings under Part X of the Act, if, having regard to all the circumstances of the case, the court thinks it just to do so, it may order any other party to the proceedings to give such security for the applicant’s costs of the proceedings, at any stage of the proceedings, and up to any stage of the proceedings, as it thinks fit.
(2)  An application under paragraph (1) must be supported by an affidavit stating the grounds of the application and the amount of security required, and exhibiting a skeleton bill of costs showing how the amount applied for is made up.
(3)  Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any), as the court may direct.”.
Amendment of the Schedule
12.  The Schedule to the principal Rules is amended by inserting, immediately after Form 30, the following Forms:
UNKNOWN
UNKNOWN

Made this 30th day of March 2005.

YONG PUNG HOW
Chief Justice.
LAI SIU CHIU
Judge.
JUDITH PRAKASH
Judge.
[Sub Ct 1/2005; AG/LEG/SL/353/2003/1 Vol. 2]
(To be presented to Parliament under section 139(3) of the Women’s Charter).
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