Family Justice (General) Rules 2024 - Singapore Statutes Online

No. S 720

Family Justice Act 2014

Family Justice (General) 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:

PART 1

GENERAL

Citation and commencement (P. 1, r. 1)

1. These Rules are the Family Justice (General) Rules 2024 and come into operation on 15 October 2024.

Revocation, transitional provisions and application (P. 1, r. 2)

2.—(1) Subject to the following provisions of this Rule, revoke the Family Justice Rules 2014 (G.N. No. S 813/2014) (called the revoked Rules).

(2) Subject to this Rule, these Rules apply to and in relation to all civil proceedings and all quasi‑criminal proceedings in the Family Division, the Family Courts and the Youth Courts which are commenced on or after 15 October 2024, including appeals arising from those proceedings.

(3) Despite paragraph (1) and subject to paragraph (4) and any other provision in these Rules, the revoked Rules as in force immediately before 15 October 2024 continue to apply to and in relation to —

(a)	any proceedings commenced in the Family Division, a Family Court or a Youth Court before 15 October 2024;
(b)	any application for an order for financial relief under section 121B of the Women’s Charter 1961 made on or after 15 October 2024, where the leave of the court under section 121D of that Act to make the application was granted before that date;
(c)	any proceedings to which the revoked Rules apply under the Family Justice (Probate and Other Matters) Rules 2024 (G.N. No. S 723/2024); and
(d)	any appeal heard by the Family Division arising from any proceedings in a Family Court or Youth Court mentioned in sub‑paragraph (a), (b) or (c).

(4) These Rules apply to and in relation to —

(a)

any application to vary, rescind or set aside any judgment or order made in any civil proceedings under Part 10 of the Women’s Charter 1961 disposing of all claims in those proceedings, where —

(i)	the proceedings in which the judgment or order was made commenced before 15 October 2024; and
(ii)	the application to vary, rescind or set aside the judgment or order is made on or after 15 October 2024; and

(b)

any appeal heard by the Family Division against a decision of a Family Court which was made in relation to an application mentioned in sub‑paragraph (a).

(5) Unless otherwise provided in these Rules, the following provisions of the Rules of Court 2021 (G.N. No. S 914/2021) apply, with the necessary modifications, to and in relation to all proceedings mentioned in paragraph (2):

Order 29

Order 29A

Order 31

Order 54

Order 69

Order 70.

(6) Despite any provision in these Rules providing that the revoked Rules are to apply to certain proceedings, the Court may direct that the provisions of Part 1, Rule 12, Part 7, Rule 11 and Part 25, Rule 3(2) are to apply with suitable modifications to those proceedings.

(7) These Rules (except Part 26) do not apply to —

(a)

any criminal proceedings in a Youth Court;

(b)

any proceedings under —

(i)	the Inheritance (Family Provision) Act 1966;
(ii)	the Intestate Succession Act 1967;
(iii)	the Legitimacy Act 1934;
(iv)	the Probate and Administration Act 1934; or
(v)	the Wills Act 1838;

(c)

any appeal arising from proceedings in sub‑paragraph (a) or (b); and

(d)

any appeal against a decision of the Family Division which is heard in the Court of Appeal or Appellate Division.

General definitions (P. 1, r. 3)

3.—(1) Unless otherwise provided in these Rules —

“action” means proceedings commenced by an originating application or in accordance with Part 3;

“appellate Court” means the Court to which an appeal is brought or is being brought;

“Appellate Division” means the Appellate Division of the High Court;

“applicant” means a person who commences an action, and includes a party in the position of an applicant in a cross‑application;

“attend” includes the appearance by any person using electronic, mechanical or any other means permitted by the Court;

“bailiff” includes the Registrar, any clerk or other officer of the Court charged with the duties of a bailiff;

“child” means an individual who is below 21 years of age;

“Civil Procedure Convention” means any of the conventions set out in the First Schedule and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the Court;

“cross-application” has the same meaning as “originating application”;

“entity” means any body of persons, whether incorporated or unincorporated;

“Family Division” means the Family Division of the High Court;

“Judge” means a judge of the Family Division, a judge of a Family Court or a judge of a Youth Court and includes, in cases where he or she is empowered to act, a Registrar, as the case may require;

“lower Court” means the Court against which judgment or order an appeal is brought or being brought;

“non-court day” means a Saturday, Sunday or public holiday;

“non-party” means any person who is not a party in the action and includes a person who participates in the action because of a statutory duty or because he or she may be affected by the Court’s decision in the action;

“Objectives” means the Objectives set out in Part 1, Rule 4(2);

“officer” means an officer of the Family Justice Courts;

“originating application” means an originating process by which an action is commenced in Court as described in Part 5, Rule 1(1);

“originating application without notice” means an originating process by which an action is commenced in Court as described in Part 5, Rule 2(1) which does not need to be served on anyone;

“practice directions” means practice directions issued from time to time under Part 26, Rule 2 by the Registrar;

“Registry” means the Registry of the Family Justice Courts;

“respondent” means a person who responds to an action, and includes a party in the position of a respondent in a cross‑application;

“Rules” means the Family Justice (General) Rules 2024;

“sign” and “seal” by a Judge, the Registrar or other officer of the Family Justice Courts include signing and sealing by electronic or other means;

“solicitor” has the meaning given by section 2(1) of the Legal Profession Act 1966 and includes the firm that the solicitor is in, and also includes the Attorney‑General, a Deputy Attorney‑General and a Solicitor‑General, where he or she is a party to or appears in any proceedings;

“summons” —

(a)	means an application to Court in an action (other than an action commenced in accordance with Part 3) or an appeal which has to be served on other parties or non‑parties or both; and
(b)	includes an application filed in relation to any proceedings to which Part 3 applies pursuant to Part 3, Rule 12;

“summons without notice” means an application to Court in an action (other than an action commenced in accordance with Part 3) or an appeal which does not need to be served on anyone;

“working day” means any day other than a non‑court day.

(2) In these Rules, “Court” means —

(a)	the Family Division or a judge of the Family Division, whether sitting in court or in chambers;
(b)	a Family Court or a judge of a Family Court, whether sitting in court or in chambers;
(c)	a Youth Court or a judge of a Youth Court, whether sitting in court or in chambers; or
(d)	in cases where he or she is empowered to act — the Registrar.

(3) Paragraph (2) does not affect any provision of these Rules which defines and regulates the authority and jurisdiction of the Registrar.

(4) The Forms to be used for the purposes of these Rules are those set out in the practice directions, and any reference in these Rules to a numbered form (where such number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions.

Objectives (P. 1, r. 4)

4.—(1) These Rules are to be given a purposive interpretation.

(2) These Rules seek to enable the Court to achieve the following Objectives:

(a)

fair access to justice;

(b)

expeditious proceedings;

(c)

cost-effective resolution of cases in a manner proportionate to —

(i)	the nature, complexity and importance of the issues; and
(ii)	if applicable, the value of the claims,

in the case before the Court;

(d)

where a child is a party to or a subject of the proceedings, placing the child’s welfare as the paramount consideration;

(e)

fair and practical results for parties;

(f)

efficient use of court resources.

(3) The Court must seek to give effect to the Objectives in interpreting these Rules, exercising any power under these Rules and in all its orders or directions.

(4) All parties have the duty to assist the Court and to conduct their cases in a manner which will help to achieve the Objectives.

General powers of Court (P. 1, r. 5)

5.—(1) Subject to any other written law, all requirements in these Rules are subject to the Court’s discretion to order otherwise in the interests of justice, even if they are expressed using imperative words such as “must”, “is to” or “shall”.

(2) Where there is no express provision in these Rules or any other written law on any matter, the Court may do whatever it considers necessary on the facts of the case before it to ensure that justice is done or to prevent an abuse of the process of the Court, so long as it is not prohibited by law and is consistent with the Objectives.

(3) In exercising any power, the Court may impose any condition or give such directions that are appropriate.

(4) Unless otherwise provided in these Rules, the Court may exercise the powers under these Rules either on its own initiative or upon application.

(5) Subject to these Rules, the Court’s power to make an order under these Rules includes the power to vary the order.

(6) Where there is non-compliance with these Rules, any other written law, the Court’s orders or directions or any practice directions, the Court may exercise all or any of the following powers:

(a)	subject to paragraph (7), waive the non‑compliance;
(b)	disallow or reject the filing or use of any document;
(c)	refuse to hear any matter or dismiss it without a hearing;
(d)	dismiss, stay or set aside the whole or any part of any proceedings and give the appropriate judgment or order, or amend any document in any proceedings, even though the non‑compliance could be compensated by costs, if the non‑compliance is inconsistent with any of the Objectives in a material way;
(e)	impose a late filing fee of $50 for each day that a document remains unfiled after the expiry of the period within which the document is required to be filed, excluding non‑court days;
(f)	make costs orders or any other orders that are appropriate.

(7) Where the non-compliance is in respect of any written law other than these Rules, the Court may waive the non-compliance only if the written law allows such waiver.

(8) The powers of the Court under this Rule do not affect any other powers of the Court under any written law.

(9) The Court may give directions by letter or by electronic or other means.

(10) The Court may, on its own accord or upon application, if it is in the interests of justice, revoke any judgment or order obtained or set aside anything which was done —

(a)	without notice to, or in the absence of, the party affected;
(b)	without complying with these Rules or any order of Court;
(c)	contrary to any written law; or
(d)	by fraud or misrepresentation.

(11) An application under paragraph (10) must be taken out —

(a)	where the party affected is a person under disability as defined in Part 6, Rule 7 and there is no litigation representative acting for that person at the material time — within 14 days after the date the litigation representative is appointed; or
(b)	in any other case — within 14 days after the time the party affected knows or should have known that any of the grounds in paragraph (10) exists.

Calculation of time (P. 1, r. 6)

6.—(1) The Interpretation Act 1965 does not apply to the calculation of time in these Rules.

(2) The word “month” means a calendar month unless the context otherwise requires.

(3) Where an act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.

(4) Where an act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.

(5) Where an act is required to be done within a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.

(6) If the period in question is 6 days or less, any day that is a non‑court day is to be excluded in the calculation of time.

(7) Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a non‑court day, the act is in time if done on the next working day.

Extension or shortening of time (P. 1, r. 7)

7.—(1) The Court may extend or shorten the period within which a person is required by these Rules or by any judgment, order or direction, to do any act in any proceedings.

(2) Unless these Rules otherwise provide, the Court may extend the period mentioned in paragraph (1) whether the application for extension is made before or after the expiration of that period.

(3) Unless these Rules otherwise provide, the period within which a person is required by these Rules, or by any order, to serve, file or amend any document may be extended once by consent in writing for a maximum period of 7 days without an order of the Court being made for that purpose.

Inspection of court documents (P. 1, r. 8)

8. Unless otherwise provided in these Rules, where proceedings are heard in private pursuant to any written law —

(a)	any document filed in the proceedings is not available for public inspection; and
(b)	a person who is not a party to the proceedings may not take copies of any document filed in the proceedings.

Judgment in proceedings heard in private (P. 1, r. 9)

9.—(1) Where proceedings are heard in private pursuant to any written law, any judgment pronounced or delivered in the proceedings is not available for public inspection.

(2) Despite paragraph (1), the Court may, on such terms that it thinks fit, do either or both of the following:

(a)	allow a person who is not a party to the proceedings to inspect or to be provided with a copy of the judgment;
(b)	allow reports of the judgment (after the removal from the judgment of all information which may disclose or lead to the disclosure of the identity of any party to the proceedings) to be published.

(3) The Court may redact any judgment in the interests of justice before a person inspects or takes a copy of the judgment under paragraph (2)(a).

Forms (P. 1, r. 10)

10.—(1) The Forms as set out in the practice directions must be used with such variations as the circumstances require.

(2) The Forms may be varied by practice directions issued with the approval of the Presiding Judge of the Family Justice Courts.

(3) Where a Form states “Seal of the Court”, a document in that Form must bear the seal of the Court.

Language of documents (P. 1, r. 11)

11.—(1) All documents filed or used in Court must be in the English language.

(2) Except as specified in the practice directions or as the Registrar may otherwise allow, a document which is not in the English language must be accompanied by a translation in the English language certified by a court interpreter or verified by an affidavit of a person qualified to translate the document.

Use of foreign documents under Apostille Convention or Civil Procedure Convention (P. 1, r. 12)

12.—(1) Despite anything in these Rules, the following documents may be received, filed or used in Court:

(a)	a foreign public document with an apostille placed on or attached to it;
(b)	a document or a translation of the document that has been drawn up or certified, and duly sealed, by a court or other competent authority of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for the dispensation of the authentication of such documents.

(2) In this Rule —

“apostille” means a Convention certificate as defined by section 10 of the Apostille Act 2020;

“foreign public document” has the meaning given by section 6 of the Apostille Act 2020.

Methods of hearing (P. 1, r. 13)

13. Subject to any written law, the Court may conduct a case conference or any other hearing by using electronic, mechanical or any other means.

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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