Family Justice Rules 2014

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Published in Subsidiary Legislation Supplement
on 15 Dec 2014

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No. S 813

Family Justice Act 2014

(ACT 27 OF 2014)

Family Justice Rules 2014

In exercise of the powers conferred on us by section 46 of the Family Justice Act 2014, we, the Family Justice Rules Committee, hereby make the following Rules:

PART 1

Preliminary

Division 1 — Citation, application, definitions and forms

Citation and commencement

1. These Rules may be cited as the Family Justice Rules 2014 and shall come into operation on 1 January 2015.

Application

2. Except as otherwise provided in these Rules, these Rules apply to all proceedings in the Family Division of the High Court, the Family Courts and the Youth Courts, whether such proceedings are commenced before, on or after 1 January 2015, in so far as the matters to which these Rules relate are within the jurisdiction of those Courts.

Definitions

3.—(1) In these Rules, unless the context otherwise requires —

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

“bailiff” includes the Registrar and any clerk or other officer of the Family Justice Courts charged with the duties of a bailiff in the Family Justice Courts;

“Civil Procedure Convention” means 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;

“District Judge” means a District Judge who is designated by the Chief Justice as a judge of the Family Court under section 13 of the Act;

“family proceedings” has the same meaning as in section 2(1) of the Act;

“folio” means 100 words, each figure being counted as one word;

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

“Magistrate” means a Magistrate who is designated by the Chief Justice as a judge of the Family Court under section 13 of the Act;

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

“originating process” means a writ of summons or an originating summons;

“originating summons” means every summons for the commencement of proceedings other than a writ of summons;

“pleading” does not include an originating summons, a summons or a preliminary act;

“practice directions” means any practice directions for the time being issued by the Registrar;

“receiver” includes a manager or consignee;

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

“scheduled territories” has the meaning assigned to it by the Exchange Control Act (Cap. 99);

“sign”, in relation to the signing of documents by a Judge, Registrar or other officer of the Family Justice Courts, includes the affixing of a facsimile signature of the Judge, Registrar or other officer, as the case may be;

“solicitor” has the same meaning as in the Legal Profession Act (Cap. 161) and includes the Attorney‑General where he is a party to or appears on behalf of the Government in any proceedings;

“summons” means every summons in a pending cause or matter;

“working day” means any day other than a Saturday, Sunday or public holiday;

“writ” means a writ of summons.

(2) In these Rules, unless the context otherwise requires, “Court” —

(a)	means the Family Division of the High Court, a Family Court or a Youth Court, or a judge of the Family Division of the High Court, a judge of a Family Court or a judge of a Youth Court, whether sitting in Court or in Chambers; and
(b)	includes in cases where he is empowered to act, the Registrar.

(3) Paragraph (2) shall not be taken as affecting any provision of these Rules and, in particular, rule 552, which defines and regulates the authority and jurisdiction of the Registrar.

(4) For the purposes of these Rules, a person who has attained 18 years of age but who is below 21 years old, and who is not otherwise under any legal disability, shall not be considered to be a minor or a person under disability in relation to any legal proceeding or action which, by virtue of section 36 of the Civil Law Act (Cap. 43), he may, in his own name and without a litigation representative³, bring, defend, conduct or intervene in as if he were of full age.

Construction of references to provisions of Rules, etc.

4.—(1) Any reference in these Rules to anything done under a provision of these Rules (called in this rule the relevant provision) includes a reference to the same thing done before the commencement of the relevant provision under any corresponding provision of the Rules of Court (Cap. 322, R 5), Women’s Charter (Matrimonial Proceedings) Rules (Cap. 353, R 4) or Women’s Charter (Garnishee Proceedings) Rules (Cap. 353, R 6), as the case may be, ceasing to have effect on the commencement of the relevant provision.

(2) Except where the context otherwise requires, any reference in these Rules to any written law is to be construed as a reference to that written law as amended, extended or applied by or under any other written law.

Construction of references to action, etc., for possession of immovable property

5. Except where the context otherwise requires, references in these Rules to an action or a claim for the possession of immovable property are to be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the immovable property or to possession of the immovable property.

Forms

6.—(1) In these Rules —

(a)	any reference to a form by a number is to be construed as a reference to the current version of the form bearing that number set out in the practice directions; and
(b)	any reference to a “relevant Form” for any purpose for which a specific form is required to be used means the current version of the relevant form for that purpose set out in the practice directions.

(2) Subject to rule 920(5), the forms set out in the practice directions must, where applicable, be used, with such variations as the circumstances of the particular case require.

Practice directions

7. Practice directions may make additional provisions in relation to the requirements for any application in the Family Justice Courts which is specified in those practice directions.

Endnotes

8. Where any expression in these Rules is marked with an endnote number (for example — “attestation⁶”), the endnote bearing the corresponding number in the Second Schedule will apply in relation to that expression.

Construction of references to party, etc., in person

9.—(1) In these Rules, for the purposes of any relevant matter or proceeding, unless the context otherwise requires —

(a)

a reference to a person, plaintiff or party who sues or acts in person, to a defendant or party who appears, defends or acts in person, to an appellant or a respondent who appears, who does not or fails to appear or who acts in person, or to a litigant in person includes a reference to —

(i)	a company or limited liability partnership represented by an officer of the company or limited liability partnership pursuant to leave given by the Court under paragraph (2);
(ii)	an unincorporated association (other than a partnership or a registered trade union) represented by an officer of the unincorporated association pursuant to leave given by the Court under paragraph (3); or
(iii)	a registered trade union represented by an officer of the trade union pursuant to section 26(6) of the Trade Unions Act (Cap. 333); and

(b)

a reference to the doing of any thing by any such person, plaintiff, party, defendant, appellant, respondent or litigant (called in this sub‑paragraph the specified person) includes —

(i)	in any case where the specified person is a company or limited liability partnership referred to in sub‑paragraph (a)(i), a reference to the doing of that thing by the officer of the company or limited liability partnership referred to in that sub‑paragraph;
(ii)	in any case where the specified person is an unincorporated association referred to in sub‑paragraph (a)(ii), a reference to the doing of that thing by the officer of the unincorporated association referred to in that sub‑paragraph; or
(iii)	in any case where the specified person is a registered trade union, a reference to the doing of that thing by an officer of the registered trade union.

(2) For the purposes of section 34(1)(ea) of the Legal Profession Act (Cap. 161) and paragraph (1), the Court may, on an application by a company or a limited liability partnership, give leave for an officer of the company or limited liability partnership to act on its behalf in any relevant matter or proceeding to which the company or limited liability partnership is a party, if the Court is satisfied that —

(a)	the officer has been duly authorised by the company or limited liability partnership to act on its behalf in that matter or proceeding; and
(b)	it is appropriate to give such leave in the circumstances of the case.

(3) For the purposes of section 34(1)(eb) of the Legal Profession Act and paragraph (1), the Court may, on an application by an unincorporated association (other than a partnership or a registered trade union), give leave for an officer of the unincorporated association to act on its behalf in any relevant matter or proceeding to which the unincorporated association is a party, if the Court is satisfied that —

(a)	the officer has been duly authorised by the unincorporated association to act on its behalf in that matter or proceeding; and
(b)	it is appropriate to give such leave in the circumstances of the case.

(4) An application under paragraph (2) or (3) must be supported by an affidavit —

(a)

stating —

(i)	the position or office in the company, limited liability partnership or unincorporated association held by the officer;
(ii)	the date on which, and the manner by which, the officer was authorised to act on behalf of the company, limited liability partnership or unincorporated association in that matter or proceeding; and
(iii)	the reasons why leave should be given for the officer to act on behalf of the company, limited liability partnership or unincorporated association in that matter or proceeding;

(b)

exhibiting a copy of any document of the company, limited liability partnership or unincorporated association by which the officer was authorised to act on its behalf in that matter or proceeding; and

(c)

made by any other officer of the company, limited liability partnership or unincorporated association.

(5) For the purposes of section 34(1)(ea) and (eb) and (3) of the Legal Profession Act and in this rule, “relevant matter or proceeding” means —

(a)	any matter or proceeding commenced in the Family Division of the High Court and any appeal from that matter or proceeding;
(b)	any matter or proceeding commenced in a Family Court and any appeal from that matter or proceeding;
(c)	any appeal commenced in the Family Division of the High Court from any family proceedings commenced in a District Court; and
(d)	any appeal commenced in the Family Division of the High Court from any family proceedings commenced in a Magistrate’s Court,

whether or not that matter, proceeding or appeal was commenced before, on or after 1 January 2015.

(6) In this rule —

“company” means a company incorporated under the Companies Act (Cap. 50);

“Court” means —

(a)

the Court of Appeal, if the relevant matter or proceeding is any appeal referred to in paragraph (5)(a) to the Court of Appeal, in respect of which no leave has been given under paragraph (2) or (3), or under Order 1, Rule 9(2) or (3) of the Rules of Court, by a court below;

(b)

the High Court, if the relevant matter or proceeding is —

(i)	any matter, proceeding or appeal referred to in paragraph (5)(a); or
(ii)	any appeal referred to in paragraph (5)(b), (c) or (d) to the High Court, in respect of which no leave has been given under paragraph (2) or (3), or under Order 1, Rule 9(2) or (3) of the Rules of Court, by a court below; or

(c)

a Family Court, if the relevant matter or proceeding is any matter, proceeding or appeal referred to in paragraph (5)(b);

“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);

“manager”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;

“officer” —

(a)	in relation to a company, means any director or secretary of the company, or a person employed in an executive capacity by the company;
(b)	in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership;
(c)	in relation to an unincorporated association (other than a partnership or a registered trade union), means the president, the secretary, or any member of the committee of the unincorporated association; or
(d)	in relation to a registered trade union, has the same meaning as in the Trade Unions Act;

“partner”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;

“registered trade union” has the same meaning as in the Trade Unions Act.

Division 2 — Effect of non‑compliance

Non‑compliance with Rules

10.—(1) Where, in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with any requirements of these Rules, the failure —

(a)	shall be treated as an irregularity; and
(b)	shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order in the proceedings.

(2) Subject to paragraph (4), the Court may, on the ground that there has been a failure referred to in paragraph (1) —

(a)	set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order in those proceedings, or exercise its powers under these Rules to allow such amendments (if any) to be made; and
(b)	make such order (if any) dealing with the proceedings generally as it thinks fit.

(3) The Court may make an order under paragraph (2) on such terms as to costs or otherwise as it thinks just.

(4) The Court must not wholly set aside any proceedings or the originating process by which the proceedings were begun on the ground that the proceedings were required by these Rules to be begun by some other originating process.

Application to set aside for irregularity

11.—(1) An application to set aside for irregularity of any proceedings, any step taken in any proceedings, or any document, judgment or order in any proceedings, shall not be allowed unless the application is made —

(a)	within a reasonable time; and
(b)	before the party applying has taken any fresh step after becoming aware of the irregularity.

(2) An application under this rule may be made by summons and the grounds of objection must be stated in the summons or supporting affidavit.

Division 3 — Time

“Month” means calendar month

12. Without prejudice to the Interpretation Act (Cap. 1), in its application to these Rules, the word “month”, where it occurs in any judgment, order, direction or other document forming part of any proceedings in Court, means a calendar month unless the context otherwise requires.

Reckoning periods of time

13.—(1) Any period of time fixed by these Rules or by any judgment, order or direction for doing any act shall be reckoned in accordance with this rule.

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

(3) Where the 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.

(4) Where the act is required to be done 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.

(5) Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a day other than a working day, that day shall be excluded.

Time expires on day other than working day

14. Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a day other than a working day, the act shall be in time if done on the next working day.

Extension, etc., of time

15.—(1) The Court may, on such terms as it thinks just, extend or abridge the period within which a person is required or authorised by these Rules or by any judgment, order or direction, to do any act in any proceedings.

(2) The Court may extend any such period referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.

(3) The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by written consent without an order of Court, unless the Court specifies otherwise.

(4) Paragraph (3) shall not apply to the period within which —

(a)	any action or matter is required to be set down for trial or hearing; or
(b)	any notice of appeal is required to be filed.

Made on 15 December 2014.

SUNDARESH MENON

Chief Justice.

JUDITH PRAKASH

Judge.

VALERIE THEAN

Presiding Judge of the
Family Justice Courts.

CHIA WEE KIAT

Registrar of the
Family Justice Courts.

TAN PUAY BOON

Director of Legal Aid.

YAP TEONG LIANG

Advocate and Solicitor.

FOO SIEW FONG

Advocate and Solicitor.

[CWK/151214/FJR(JK); AG/LLRD/SL/104A/2013/1 Vol. 1]

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