Family Justice Rules 2014

Status:

Not current version
(version history — see timeline)

Final judgment

96.—(1) An application by a party to make final an interim judgment pronounced in his favour may be made on any day after the expiration of 3 months from the grant of the interim judgment or such shorter period as the Court may fix under section 99(1).

[S 301/2016 wef 01/07/2016]

(2) On filing the application, the Registrar must cause a search to be made of the Court records to be satisfied —

(a)	that no appeal against the interim judgment is pending;
(b)	that no order has been made by the Court of Appeal or the Appellate Division of the High Court extending the time for appealing against that interim judgment or, if any such order has been made, that the time so extended has expired; and [S 1081/2020 wef 02/01/2021]
(c)	that no appearance has been entered or, if appearance has been entered, that no affidavits have been filed, within the time allowed for filing, by or on behalf of any person wishing to show cause against the interim judgment being made final.

(3) An application referred to in paragraph (1) must not be made —

(a)	before the hearing of all applications for ancillary relief has been concluded at first instance, without the leave of the Court; or
(b)	after the expiration of one year from the date of the interim judgment or the expiration of 3 months from the date of the last hearing of an application for ancillary relief in the writ or defence and counterclaim (including the last hearing of any appeal), whichever is the later, without the leave of the Court.

(4) An application for leave under paragraph (3) must be made by summons which must be served on the party against whom the interim judgment was pronounced.

(5) On filing the application referred to in paragraph (1) and subject to the requirements of section 123, the Court may make the interim judgment final.

(6) A spouse may make an application to make final an interim judgment pronounced against him —

(a)	without leave, if no application is made under paragraph (1) within the time specified in paragraph (3)(b); or
(b)	with leave, in any other case.

(7) An application for leave under paragraph (6)(b) must be made by summons which must be served on the party in whose favour the interim judgment was pronounced.

(8) On any application under paragraph (6), the Court may make such order as it thinks fit.

(9) The Registrar must issue a certificate that the interim judgment has been made final, in accordance with Form 33.

(10) The certificate must be authenticated by affixing to the certificate the seal of the Registry of the Family Justice Courts.

Search within Legislation