Family Justice (Amendment No. 3) Rules 2024

No. S 719

Family Justice Act 2014

Family Justice
(Amendment No. 3) Rules 2024

In exercise of the powers conferred by section 46 of the Family Justice Act 2014 and all other powers enabling us under any written law, we, the Family Justice Rules Committee, make the following Rules:

Citation and commencement

1. These Rules are the Family Justice (Amendment No. 3) Rules 2024 and come into operation on 14 October 2024.

Amendment of rule 37

2. In the Family Justice Rules 2014 (G.N. No. S 813/2014) (called in these Rules the principal Rules), in rule 37 —

(a)

in paragraph (1), after “Part 19 of these Rules”, insert “and rule 295V”; and

(b)

in paragraph (2), after sub-paragraph (a), insert —

“(aa)

rule 295W;”.

Amendment of rule 174A

3. In the principal Rules, in rule 174A, after paragraph (3), insert —

“(4) Rule 295W applies to all proceedings under the Act.”.

Amendment of rule 295D

4. In the principal Rules, in rule 295D(3) —

(a)

in sub-paragraph (b)(v), replace the full-stop at the end with a semi-colon; and

(b)

after sub-paragraph (b), insert —

“(c)	rule 295W.”.

New Part 17C

5. In the principal Rules, after Part 17B, insert —

“PART 17C

Applications for Orders under Section 11A of Family Justice Act 2014

Definition

295U. In this Part, “specified proceedings” means any proceedings under —

(a)	Part 7 or 8 of the Women’s Charter 1961;
(b)	the Maintenance Orders (Reciprocal Enforcement) Act 1975; or
(c)	the Vulnerable Adults Act 2018.

Applications for order under section 11A of Family Justice Act 2014 — general

295V.—(1) This rule applies to the following:

(a)

an application for an order under section 11A(2)(c), (d) or (e) or (3)(a), (b), (c), (d) or (e) of the Family Justice Act 2014 to be made in relation to any order made in any proceedings (other than specified proceedings);

(b)

an application for an order under section 11A(5)(c), (d) or (e) or (6)(a), (b), (c), (d) or (e) of the Family Justice Act 2014 to be made in any proceedings (other than specified proceedings) that are pending;

(c)

an application for the permission of the Court —

(i)	to do anything otherwise prohibited under an order made under section 11A(2)(c) or (d), (3)(c) or (d), (5)(c) or (d) or (6)(c) or (d) of the Family Justice Act 2014; or
(ii)	under section 11A(2)(e), (3)(e), (5)(e) or (6)(e) of the Family Justice Act 2014 (as the case may be) to file any application to amend, vary or discharge any other order specified in sub-paragraph (a) or (b).

(2) An application mentioned in paragraph (1) must be made by a summons supported by affidavit.

(3) Division 28 of Part 18 applies to an application mentioned in paragraph (1).

(4) Where the party (called in this rule the applying party) files a summons mentioned in paragraph (2) more than one year after the date of the last order made in the proceedings, the summons must be served personally on the other party in those proceedings.

(5) A party (called in this rule the responding party) who intends to oppose the applying party’s summons must file and serve on the applying party the responding party’s affidavit within 14 days after being served with the applying party’s summons and supporting affidavit.

(6) No further affidavit is to be received in evidence without the leave of the Court.

Applications for order under section 11A of Family Justice Act 2014 — specified proceedings

295W. The following applications must be in Form 209C and be supported by an affidavit:

(a)

an application for an order under section 11A(2)(c), (d) or (e) or (3)(a), (b), (c), (d) or (e) of the Family Justice Act 2014 to be made in relation to any order made in any specified proceedings;

(b)

an application for an order under section 11A(5)(c), (d) or (e) or (6)(a), (b), (c), (d) or (e) of the Family Justice Act 2014 to be made in any specified proceedings that are pending;

(c)

an application for the permission of the Court —

(i)

to do anything otherwise prohibited under —

(A)	an order made under section 11A(2)(c) or (d) or (3)(c) or (d) of the Family Justice Act 2014 in relation to any order made in any specified proceedings; or
(B)	an order made under section 11A(5)(c) or (d) or (6)(c) or (d) of the Family Justice Act 2014 in relation to any specified proceedings; or

(ii)

under section 11A(2)(e), (3)(e), (5)(e) or (6)(e) of the Family Justice Act 2014 (as the case may be) to file any application to amend, vary or discharge any other order specified in paragraph (a) or (b).”.

[G.N. Nos. S 144/2015; S 301/2016; S 610/2016; S 375/2017; S 416/2017; S 544/2017; S 617/2017; S 126/2018; S 409/2018; S 722/2018; S 834/2018; S 41/2019; S 611/2019; S 778/2019; S 459/2020; S 523/2020; S 599/2020; S 1081/2020; S 639/2021; S 322/2022; S 156/2023; S 778/2023; S 523/2024; S 524/2024]

Made on 13 September 2024.

SUNDARESH MENON

Chief Justice.

JUDITH PRAKASH

Senior Judge.

TEH HWEE HWEE

Presiding Judge of the
Family Justice Courts.

KENNETH YAP YEW CHOH

Registrar of the
Family Justice Courts.

LIM HUI MIN

Director of Legal Aid.

YAP TEONG LIANG

Advocate and Solicitor.

FOO SIEW FONG

Advocate and Solicitor.

[AG/LEGIS/SL/104A/2020/1]

(To be presented to Parliament under section 46(7) of the Family Justice Act 2014).

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