36A.—(1) At any time after the completion of the filing of evidence by the parties, the Registrar may direct the parties to attend a pre-hearing review at which he may give such directions as he considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings.
(2) At the pre-hearing review, the Registrar may consider any matter including the possibility of settlement of any or all of the issues in the proceedings and may require the parties to furnish him with such information as he may require.
(3) If any party fails to comply with any direction given or requirement imposed under paragraph (1) or (2), the Registrar may —
(a)
where that direction was given or requirement was imposed in relation to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be; or
(b)
make such other order as the Registrar thinks fit.
[S 743/2014 wef 13/11/2014]
(4) Any direction or order by the Registrar may be set aside or varied by him on such terms as he thinks fit.
(5) If, during or pursuant to a pre‑hearing review, the parties are agreeable to a settlement of all or some of the matters in dispute in any application or proceedings, the Registrar may —
(a)
give his decision in relation to the application or proceedings; or
(b)
make such order as he thinks just to give effect to the settlement.
[S 743/2014 wef 13/11/2014]
(6) If any party does not attend a pre‑hearing review, the Registrar may —
(a)
where the pre‑hearing review pertains to any application or proceedings initiated by that party, dismiss the application or proceedings, as the case may be;
(b)
make such other order as the Registrar thinks fit; or
(c)
adjourn the pre‑hearing review.
[S 743/2014 wef 13/11/2014]
[S 692/2021 wef 01/10/2021]
(7) An order made by the Registrar in the absence of a party may be set aside by the Registrar, on the application of that party, on such terms as the Registrar thinks fit.
(8) Despite paragraphs (1) and (2) but subject to paragraphs (9), (10) and (11), the Registrar may direct that a pre-hearing review be held in an asynchronous manner by exchange of written correspondence with the parties, and the Registrar may exercise any power conferred on the Registrar under this rule for the purpose of securing the just, expeditious and economical disposal of the proceedings.
[S 692/2021 wef 01/10/2021]
(9) Where a pre-hearing review is held under paragraph (8), the Registrar must —
(a)
before giving any direction or imposing any requirement on the parties on any matter, give each party an opportunity to address the Registrar on the intended direction or requirement; and
(b)
before giving any direction or imposing any requirement on a party that affects a party’s rights or interests, give that party an opportunity to address the Registrar and respond to any submission made by the other party on the intended direction or requirement.
[S 692/2021 wef 01/10/2021]
(10) For the purpose of exercising the Registrar’s powers under paragraph (6) or (7) in a pre-hearing review held under paragraph (8), the references to the non-attendance of a party in paragraph (6) and the absence of a party in paragraph (7) are each to be read as a reference to the failure of a party to respond to the Registrar’s written correspondence relating to the pre-hearing review within the time specified in the written correspondence.
[S 692/2021 wef 01/10/2021]
(11) The Registrar must not hold a pre-hearing review in an asynchronous manner under paragraph (8) if any party requests that the pre-hearing review be held in accordance with paragraph (1) instead.