Family Justice Rules 2014

Status:

Current version
as at 20 Apr 2024

PART 19

Family Justice Courts — Fees

Division 1 — Hearing fees

Hearing fees in Courts

989.—(1) The fees payable in any cause or matter for any of the following hearings is as specified in the Fourth Schedule:

(a)	before a judge of the Family Division of the High Court in Court and in applications (interlocutory or otherwise) fixed for hearing in Chambers or in Court on special hearing dates;
(b)	before a judge of the Family Court in Court, including applications (interlocutory or otherwise) fixed for hearing in Court on special hearing dates;
(c)	before the Registrar for the assessment of damages, the taking of accounts and the making of inquiries;
(d)	before the Registrar for the examination of witnesses.

(2) Where paragraph (1)(a) or (b) applies, the plaintiff, the appellant or the applicant, as the case may be, must pay the fees and file the Request⁴, in Form 186, at the time he sets the cause or matter down for hearing, files the record of appeal, files his request for special or further hearing dates, or at the time the Registry so requires, as the case may be.

(3) Where paragraph (1)(c) applies, the party entitled to the benefit of the judgment, the party who has obtained an order for the taking of accounts or making of inquiries, as the case may be, must pay the fees and file the Request⁴, in Form 186, at the time of filing the notice of appointment for the assessment of damages, the notice of appointment for the taking of accounts or the making of inquiries, or at the time the Registry so requires, as the case may be.

(4) Where paragraph (1)(d) applies, the plaintiff or the applicant, as the case may be, must pay the fees and file the Request⁴, in Form 186, at the time of extraction of the order for examination of witnesses or at the time the Registry so requires, as the case may be.

(5) The Registrar may, in any case, waive or defer the payment of the whole or any part of the fees on such terms and conditions as he deems fit.

(6) The Registrar —

(a)	must refund the whole of the fees paid if he is notified in writing not later than 14 days before the first date fixed for hearing that the cause or matter has been settled or discontinued; and
(b)	may, in any other case, as he deems fit, refund the whole or any part of the fees paid.

(7) Any party requesting a refund of the whole or any part of the fees, pursuant to paragraph (6)(b), must make a written request to the Registrar within one month from the date of settlement or discontinuance, or from the last hearing date, whichever is the later.

(8) Rule 15 does not apply to paragraph (7).

Value of claim

990. For the purpose of determining the appropriate hearing fees payable under rule 989, the value of the claim shall be the same as that prescribed in rule 994.

No hearing fee for some proceedings

991. This Division does not apply to any cause or matter, or any appeal from a cause or matter, under any of the following Acts:

(a)	Adoption of Children Act (Cap. 4);
(b)	Guardianship of Infants Act (Cap. 122);
(c)	Inheritance (Family Provision) Act (Cap. 138);
(d)	Maintenance of Parents Act (Cap. 167B);
(e)	Mental Capacity Act (Cap. 177A);
(f)	Mental Health (Care and Treatment) Act (Cap. 178A);
(g)	Status of Children (Assisted Reproduction Technology) Act 2013 (Act 16 of 2013);
(ga)	Vulnerable Adults Act 2018; [S 834/2018 wef 19/12/2018]
(h)	Women’s Charter (Cap. 353).

Powers of Registrar and Court concerning hearing fees

992.—(1) The Registrar may, at any stage of any proceedings or after the conclusion of any such proceedings, including appeals and other matters before the Court of Appeal or the Appellate Division of the High Court, direct that the hearing fees be paid by any party or be apportioned among all or any of the parties.

[S 1081/2020 wef 02/01/2021]

(2) The Registrar may —

(a)	make such order as he deems fit to secure compliance with any provision of this Division or any direction made under paragraph (1), including giving judgment on or dismissing any claim or counterclaim; and
(b)	refer any question pertaining to hearing fees in an appeal or matter pending before the Court of Appeal or the Appellate Division of the High Court to the Court of Appeal or the Appellate Division of the High Court, as the case may be. [S 1081/2020 wef 02/01/2021]

(3) The Court, the Appellate Division of the High Court or the Court of Appeal, as the case may be, may exercise the powers of the Registrar in paragraphs (1) and (2).

[S 1081/2020 wef 02/01/2021]

Review of Registrar’s decision

993.—(1) Any party who is dissatisfied with any decision of the Registrar made under this Division may apply to a judge of the Family Division of the High Court or a judge of a Family Court, as the case may be, for a review of that decision.

(2) An application under this rule must be made by summons supported by an affidavit, within 14 days after that decision.

Division 2 — Court fees

Court fees

994.—(1) The fees and percentages in the Fifth Schedule shall be taken and paid in all causes and matters in the Family Justice Courts.

(2) Despite paragraph (1), nothing in these Rules shall affect any fees fixed by any written law which have not been expressly or impliedly repealed by these Rules.

(3) Subject to paragraph (7), for the purpose of determining the appropriate court fees, in the Fifth Schedule, payable in the Family Division of the High Court, the following will apply:

(a)	if the claim is for a liquidated demand, the value of the claim is as specified in the originating process;
(b)	if the claim is for unliquidated damages, the value of the claim is as estimated by the party filing the originating process;
(c)	if the claim relates to proceedings under the Probate and Administration Act (Cap. 251), the value of the claim is the value of the estate;
(d)	if the claim does not include any claim mentioned above, the claim shall be deemed to have a value of up to $1 million; and
(e)	in the case of a bill of costs, the value of the claim is the total amount claimed in the bill of costs.

(4) Subject to paragraph (7), for the purpose of determining the appropriate court fees, in the Fifth Schedule, payable in a Family Court where a claim relates to proceedings under the Probate and Administration Act, the value of the claim is the value of the estate.

(5) If the claim is for both liquidated demand and unliquidated damages, the value of the claim is the aggregate value of both claims.

(6) Where the claim includes or consists of a claim in foreign currency, the value of the claim shall be computed after converting the claim to Singapore dollars at an exchange rate applicable as at the date of the filing of the originating process.

(7) The Registrar may, after determining the value of the claim as awarded by the Court, require the parties to pay the difference in the Court fees or refund to the parties the excess Court fees paid.

(8) For the purpose of this rule, the value of the claim shall exclude non‑contractual interest.

Manner of payment of fees

995. The fees and percentages to be taken and paid under this Division must be collected in such manner as may from time to time be directed by the Chief Justice or by the Presiding Judge of the Family Justice Courts, with the concurrence of the Chief Justice.

Refund of fees paid for unused documents

996.—(1) The Registrar may, if he thinks fit, refund any fee or part of the fee which has been paid for any unused document.

(2) Every application under this rule for the refund of any fee must be made —

(a)	by Request⁴ signed by the applicant or his solicitor; and
(b)	within 3 months after the date of the payment of the fee to be refunded.

(3) Where a refund of the fees paid for more than one unused document is being sought, a separate application must be made for the refund of the fee paid for each such unused document.

(4) Where an application under this rule for the refund of any fee is not approved, the fee paid for the Request⁴ shall not be refundable.

Waiver of fees under Civil Procedure Convention

997. The Registrar may, in any case, waive the payment of the whole or any part of the fees, costs, expenses and percentages to be taken and paid under these Rules if the waiver of such fees, costs, expenses and percentages is provided for by any Civil Procedure Convention.

Powers of Registrar concerning court fees

998.—(1) Subject to these Rules, the Registrar may, in any case, and on such terms and conditions as the Registrar deems fit —

(a)	waive or defer the payment of the whole or any part of any court fees;
(b)	refund the whole or any part of any court fees paid; or
(c)	direct that the whole or any part of any court fees be paid by any party or be apportioned among all or any of the parties.

(2) Any party requesting a refund under paragraph (1)(b) must make a written request to the Registrar within one month after the date on which the reason for the refund arose.

[S 416/2017 wef 01/08/2017]

Exemption where cause or matter relates to criminal proceedings

999.—(1) Where the Registrar is satisfied that any cause or matter relates to or is predicated upon criminal proceedings affecting the life or liberty of a party, the Registrar may, on the application of that party, issue a certificate of exemption from any fee payable or security for costs required or authorised to be furnished under these Rules.

(2) An application for a certificate under paragraph (1) must be made by way of a letter addressed to the Registrar stating the grounds on which the application is made together with all necessary supporting documents.

(3) Despite any other provision in these Rules —

(a)	no fee shall be payable; and
(b)	no security for costs shall be required to be furnished,

by any party in the cause or matter, including any appeal from the cause or matter, from the time that a certificate is issued under paragraph (1).

(4) The Registrar may, if he thinks fit, refund any fee or part of the fee which has been paid in respect of a cause or matter for which a certificate under paragraph (1) is issued where such fee was paid before the certificate was issued.

(5) Nothing in this rule shall prevent an order for costs from being made by the Court in favour of or against any party in the cause or matter, including any appeal from that cause or matter.

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