Family Justice Courts Practice Directions [PDF]

Family Justice Courts Practice Directions

Contents Part I – Preliminary 1. Introduction 2. Calculation of time Part II – Commencement of Proceedings 3. Documents to be filed at the Registry of the Family Justice Courts 4. Contact information to be provided in cause papers and documents filed in the Family Courts Registry 5. Identification numbers to be stated in cause papers Part III – Judge-led Approach in Resolving Family Disputes 6. Judicial Case Management 7. Guidance on Direct Judicial Communications in International Family Proceedings Affecting Children Part IV – Processes relating to Children 8. Child Representative 9. Examination of children 10. Arrangements for the welfare of children Part V – Alternate Dispute Resolution 11. Mediation and/or Counselling Directed by Court 12. Mandatory Counselling & Mediation 13. Counselling Part VI – Proceedings for the Dissolution of Marriage under Part X of Women’s Charter 14. Particulars of Statement of Claim 15. Request for simplified hearing track for divorce proceedings where parties have agreed on ancillary matters 16. Agreed Matrimonial Property Plan and Proposed Matrimonial Property Plan 17. Status Conferences 18. Uncontested Matrimonial Proceedings in Chambers 19. Uncontested Matrimonial Proceedings in open court hearings 20. Documents for use in trials of contested matrimonial proceedings under Part X of the Women’s Charter (Cap 353) 21. Affidavit of Assets and Means 22. Documents required for the extraction of Certificate of Making Decree Nisi Absolute and Decree Nisi for matrimonial proceedings filed before 15 December 2003

Part VII – Proceedings under Part VII and VIII of Women’s Charter 23. Alternative dispute resolution 24. Pre-hearing matters 25. Documents and affidavits in respect of maintenance proceedings under Part VIII of Women’s Charter (Cap. 353) 26. Hearing of maintenance proceedings in chambers Part VIII – Adoption of Children 27. Commencement documents 28. Amendment of originating summons and statement 29. Dispensation of Consent and/or Service 30. Submission of supporting documents Part IX – Youth Courts 31. Application and Appeals 32. Magistrate’s complaints (Private summonses) 33. Application for Court Records for Youth Court matters and non-electronically filed cases 34. Initiation of prosecution 35. Charges 36. Checklists 37. Applications 38. Bundles of authorities for Youth Courts proceedings 39. Documents 40. Documents which cannot be converted into electronic format 41. Amendment of charges and documents 42. Noting appearances of advocates/prosecutors 43. Limits on size and number of documents submitted using Electronic Filing Service Part X – International Child Abduction Act 44. Proceedings under the International Child Abduction Act (Cap. 143C) Part XI – Mental Capacity Act 45. Proceedings under the Mental Capacity Act (Cap. 177A) 46. Documents to be filed 47. Where permission is not required to make an application 48. Where permission is required to make an application 49. Service of application on named defendants and relevant persons 50. Relevant persons 51. Consent of relevant persons 52. Notification of P 53. Responding to an application 54. Applications involving the appointment of deputies 55. Application subsequent to the appointment of deputy

56. 57. 58. 59. 60. 61.

Application relating to lasting power of attorney Application for statutory wills Litigation representative in mental capacity proceedings Where P ceases to lack capacity or dies Applications subsequent to the filing of the originating summons in mental capacity proceedings Order of Court

Part XII – Probate Proceedings 62. Applications for grant of probate or letters of administration 63. Filing of supporting affidavit 64. Amendment of originating summons or statement 65. Affidavits of Foreign Law 66. Filing of schedules of property for non-dutiable estates where death occurred before 15 February 2008 67. Filing of schedule of assets for estates where death occurs on or after 15 February 2008 68. Security for grants of letters of administration 69. Applications for dispensation of sureties for grants of letters of administration 70. Caveat and probate application searches to be conducted when requesting to extract grant 71. Amended grants and re-grants Part XIII- General Procedure 72. Originating Summonses 73. Endorsements on originating process and other documents 74. Forms of documents to be filed for proceedings under Chapter 4A of Part X of the Women’s Charter (Cap. 353) 75. Distribution of applications 76. Summonses 77. Supporting Affidavits for Specific Applications 78. Personal service of processes and other documents 79. Substituted and Dispensation of Service 80. Discovery, inspection and interrogatories in respect of ancillary relief or financial relief under Women’s Charter 81. Applications for electronic Discovery 82. Applications for discovery or interrogatories against network providers 83. Ex-parte applications for injunctions 84. Mareva injunctions 85. Documents in support of ex parte applications for injunctions (including Mareva injunctions) 86. Case Conferences 87. Attendance at hearings in the Family Justice Courts 88. Electronic filing of documents and authorities for use in court

89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128.

Bundle of Documents filed on setting down Documents for use in trials Hearing in Chambers Written Submissions and Bundle of Authorities for Special Date hearings Citation of written judgments and secondary authorities Submissions and examinations by leading and assisting counsel Amendment of documents Waiting time for the hearing of matters Request for urgent hearing dates or urgent hearings prior to the filing of the application through the Electronic Filing Service Requesting a hearing date through the Electronic Filing Service Written submissions for contested inter partes applications in chambers Adjournment or vacation of hearing dates and part-heard cases Requests for further arguments before the Judge or Registrar Absence of parties Production of record of hearing Use of electronic and other devices Application of Court records and certification of transcripts for family matters Access to case file, inspection, taking copies of documents and conducting searches Personal Data Witnesses Form of affidavits Exhibits to affidavits Swearing or affirming of affidavits, statutory declarations and oaths Effect of non-compliance Objections to the contents of affidavits of evidence-in-chief Draft orders of Court Unnecessary extraction of orders of Court Draft consent orders Judgment Interest Filing of writs of execution through the Electronic Filing Service Sale of immovable property Writs of execution & writs of distress – movable property Requests for the Bailiff’s Attendance Examination of Judgment Debtor Committal proceedings Appeals Filing of records of appeal and written cases Appeals before the Family Division of the High Court from tribunal or person under Part 18 Division 55 of the Family Justice Rules Skeletal arguments for appeals before the Family Division of the High Court Use of presentation slides for all proceedings before the Family Division of the High Court

129. Request for waiver of deferment of court fees in the Family Division of the High Court 130. Basis of taxation 131. Form of bill of costs 132. Registrar’s Certificate 133. Objections 134. Amount allowed as disbursement on account of use of electronic transmission 135. Taxations involving the Public Trustee or Director of Legal Aid 136. Fixing costs in lieu of ordering taxation 137. Costs scheduling 138. Operating hours of the Family Justice Courts 139. Hours for the sittings of the Family Justice Courts 140. Application 141. Establishment of Electronic Filing Service and appointment of network service provider 142. Appointment of agent to establish service bureau 143. Registered users and authorised users 144. Documents which must be filed, served, delivered etc., using the Electronic Filing Service 145. Form of documents 146. Pagination of documents 147. Filing documents through service bureau 148. Filing of documents to the Family Justice Courts through a Supreme Court service bureau 149. Limits on the size and number of documents submitted using the Electronic Filing Service 150. Documents which cannot be converted into an electronic format 151. Rejection of documents, back-dating and refund of penalty 152. Hard copies of documents filed electronically 153. Responsibility for accuracy and completeness of information submitted using the Electronic Filing Service 154. Amendment of documents originally filed in court by entering relevant information in an electronic template 155. Filing directions to the Accountant-General for payment into and out of Court 156. Electronic payment of Court fees 157. Stamping of documents Part XIV – General Matters 158. Weekend/Public Holiday Duty Registrar and Judge at the Family Courts 159. Duty Registrar and Duty Magistrate 160. Attendance of solicitors in Court 161. Use of Skype 162. Absence from Court on medical grounds 163. Publication of & Reports and Comments on Court Cases

164. 165. 166. 167. 168. 169. 170.

Citation of Case Numbers The Electronic Queue Management System Precedence and preaudience of Senior Counsel Court dress Requests and Other Correspondence Requests for Court interpreters Authorisation for collection of mail and Court documents

Part XV – Litigants in Person 171. The Family Court Friend Scheme

Part I - Preliminary 1.

Introduction

Citation (1)

These Practice Directions may, with effect from 1 January 2015, be cited as the Family Justice Courts Practice Directions.

Applicability (2)

These Practice Directions shall apply to all proceedings in the Family Courts and the Family Division of the High Court unless otherwise stated.

(3)

For the avoidance of doubt, these Practice Directions shall, unless otherwise stated, apply to all proceedings in the Family Courts and the Family Division of the High Court with effect from 1 January 2015 regardless of the commencement date of the proceedings.

Citation of Legislation in Proceedings (4)

Where legislation is cited in these Practice Directions, the citation shall, unless the context otherwise requires, be read to refer to the edition of that legislation currently in force.

Updating (5)

Any addition or amendment to these Practice Directions will be notified on the Family Justice Courts' website at http://www.familyjusticecourts.gov.sg. The Practice Directions will be updated on the date the addition or amendment takes effect.

(6)

The complete and updated Practice Directions can be downloaded from the Family Justice Courts' website at http://www.familyjusticecourts.gov.sg.

Forms (7) The Forms in Appendix A to these Practice Directions shall be used, where applicable, with such variations as the circumstances of the particular case require. Registrar’s Circulars (8) Registrar’s Circulars can be found at the Family Justice Courts website at http://www.familyjusticecourts.gov.sg.

2. Calculation of time The provisions in the Family Justice Rules shall apply to the calculation of time in these Practice Directions. In particular: (a)

The following definition of “working day” in rule 3 of the Family Justice Rules is applicable in these Practice Directions. “Working day” means any day other than a Saturday, Sunday or public holiday.

(b)

The provisions of Part 1 Division 3 of the Family Justice Rules shall also apply to the calculation of time.

Part II - Commencement of Proceedings 3. Documents to be filed at the Registry of the Family Justice Courts (1)

Subject to paragraph (4), all documents filed on or after 1st October 2014 relating to the proceedings pursuant to the following legislation are to be filed in the Family Justice Courts Registry: (a)

section 53 of Administration of Muslim Law Act (Cap. 3);

(b)

the Adoption of Children Act (Cap. 4);

(c)

the Children and Young Persons Act (Cap. 38);

(d)

the Guardianship of Infants Act (Cap. 122);

(e)

the Inheritance (Family Provision) Act (Cap. 138);

(f)

International Child Abduction Act (Cap. 143C);

(g)

Intestate Succession Act (Cap. 146);

(h)

the Legitimacy Act (Cap. 162);

(i)

section 10 of Maintenance of Parents Act (Cap. 167B);

(j)

the Maintenance Orders (Facilities for Enforcement) Act (Cap. 168);

(k)

the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 169);

(l)

the Mental Capacity Act (Cap. 177A);

(m)

the Mental Health (Care and Treatment) Act (Cap. 178A);

(n)

the Probate and Administration Act (Cap. 251)

(o)

the Status of Children (Assisted Reproduction Technology) Act 2013

(p)

section 17A(2) of the Supreme Court of Judicature Act (Cap. 322)

(q)

the Voluntary Sterilization Act (Cap. 347)

(r)

sections 13, 17, 20, 59, Parts VII, VIII, IX and X of Women’s Charter (Cap. 353).

(2)

Subject to paragraph (4) and (5), all proceedings filed after 1 January 2015 under the Probate and Administration Act will be filed in the Family Justice Courts.

(3)

All documents shall have the title “In the Family Justice Courts of the Republic of Singapore”.

(4)

Documents relating to the following proceedings which are to be heard and determined by the High Court shall continue to be filed at the Legal Registry of the Supreme Court at the Supreme Court Building. These include:

(5)

(a)

all proceedings in paragraph (1) commenced in the High Court before 1st October 2014;

(b)

all contested ancillary applications under Part X of the Women’s Charter transferred to be heard in the High Court pursuant to the Supreme Court of Judicature (Transfer of Matrimonial, Divorce and Guardianship of Infants Proceedings to District Court) Order 2007 prior to 1st October 2014;

(c)

all appeals filed in the High Court before 1st October 2014 relating to any proceedings referred to in paragraph (1) above;

(d)

all applications and documents relating to proceedings under the Mental Disorders and Treatment Act or the Mental Capacity Act filed in the High Court before 1st October 2014;and

(e)

all applications and documents relating to proceedings under Probate and Administration Act filed in the High Court before 1 January 2015.

Documents relating to contested proceedings filed under Probate and Administration Act filed before 1 January 2015 shall continue to be filed in the State Courts. Documents relating to uncontested proceedings filed under Probate and Administration Act filed before 1 January 2015 shall be filed in the Family Justice Courts.

4. Contact information to be provided in cause papers and documents filed in the Family Justice Courts Registry (1)

This Paragraph shall apply to all cause papers and documents that are not filed using the Electronic Filing Service (EFS).

(2)

Occasionally when members of the staff of the Family Justice Courts have to contact lawyers having conduct of an action or charge of a matter, they have sometimes encountered difficulties for reasons such as changes to the constitution of the law firm, changes to the telephone numbers and telephone receptionists in law firms being unable to identify the lawyer concerned.

(3)

To facilitate the contacting of lawyers having conduct of an action or charge of a matter by members of the staff of the Family Justice Courts, the following information shall be inserted on backing sheets of all cause papers and documents filed in the Registry in the format set out: “(Name of lawyer(s) having conduct of action or charge of matter.) (Name of law firm.) (Address of law firm.)

(4)

Tel:

(Contact telephone number.)

Fax:

(Contact facsimile number.)

Ref:

(File reference of law firm.)”

The information is to be inserted as a block near the bottom right hand corner of the backing sheets.

5. Identification numbers to be stated in cause papers Parties named in the title of the documents (1)

Where a party to any proceedings in the Family Justice Courts first files a document in such proceedings, he shall state his identification number (in brackets), in the title of the document immediately below or after his name. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in the title of the documents.

Parties not named in the title of the documents (2)

Where a party to any proceedings in the Family Justice Courts first files a document in such proceedings, and the name of the party does not appear in the title of the document but does appear in the body of the document, then the identification number of the party should be stated (in brackets), below or after the first appearance of his name in the document. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in parentheses immediately below or after the first appearance of the name of the party to which it applies in the subsequent document.

Documents filed by two or more parties (3)

Sub-paragraphs (1) and (2) shall apply, with the necessary modifications, to documents which are filed by more than one party.

Identification numbers for non-parties (4)

If any person (living or dead), any entity or any property is in part or in whole the subject matter of any proceedings, or is affected by any proceedings, but is not a party thereto, and the name of such person, entity or property is to appear in the title of the documents filed in the proceedings, the party filing the first document in the proceedings must state the identification number of such person, entity or property (in brackets) immediately below or after the name of the same. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number (in brackets) immediately below or after the name of the person, entity or property to which it applies. If the party filing the first document in the proceedings is unable, after reasonable enquiry, to discover the identification number of the person, entity or property, he may state immediately below or after the name of the same “(ID No. not known)”. All documents subsequently filed by any party shall then contain these words (in brackets) below or after the name of this person, entity or property.

Special cases

(5)

The following Directions shall apply in addition to the Directions contained in subparagraphs (1) to (4): (a)

where a party is represented by a litigation representative or guardian in adoption or deputy, sub-paragraphs (1) to (3) shall apply to the litigation representative or guardian in adoption or deputy as if he or she was a party to the proceedings, and the identification numbers of the party, the litigation representative and/or guardian in adoption and/or deputy must be stated below or after the name of each, as appropriate;

(b)

where parties are involved in any proceedings as the personal representatives of the estate of a deceased person, sub-paragraphs (1) to (3) shall apply to the deceased person as if he were a party; and

(c)

where more than one identification number applies to any party, person, entity or property, all the identification numbers shall be stated in any convenient order.

Identification numbers (6)

When entering the identification number in the Electronic Filing Service, the full identification number should be entered, including any letters or characters that appear in, at the beginning of, or at the end of the number. Descriptive text which is required to be entered into the actual document, such as “Japanese Identification Card No.”, should not be entered into the electronic form.

Guidelines for the selection of identification numbers (7)

The following guidelines should be followed in deciding on the appropriate identification number. (a)

Natural person with Singapore identity card For a natural person who is a Singapore citizen or permanent resident, the identification number shall be the number of the identity card issued under the National Registration Act (Cap. 201). The 7 digit number as well as the letters at the front and end should be stated. For example: “(NRIC No. S1234567A)”.

(b)

Natural person with FIN number For a natural person, whether a Singapore citizen or permanent resident or not, who has not been issued with an identity card under the National Registration Act, but has been assigned a FIN number under the Immigration Regulations

(Cap. 133, Rg 1), the identification number shall be the FIN number. The number should be preceded by the prefix “FIN No.” (c)

Natural person: birth certificate or passport number For a natural person, whether a Singapore citizen or permanent resident or not, who has not been issued with an identity card under the National Registration Act or assigned a FIN number, the identification number shall be the birth certificate or passport number. The number should be preceded by either of the following, as appropriate, “(Issuing country) BC No.” or “(Issuing country) PP No.”

(d)

Natural person: other numbers For a natural person who is not a Singapore citizen or permanent resident and has not been assigned a FIN number and does not have a birth certificate or passport number, the identification number shall be the number of any identification document he may possess. Both the number as well as some descriptive words which will enable the nature of the number given and the authority issuing the identification document to be ascertained, should be stated. For example: “Japanese Identification Card No.”

(e)

Deceased person For a deceased natural person, the identification number shall be as set out in sub-paragraph (7)(a) to (d) above. However, if such numbers are not available, the identification number shall be the death registration number under the Registration of Births and Deaths Rules (Cap. 267, R 1) or the equivalent foreign provisions, where the death is registered abroad. The number as well as the following words should be stated: “(Country or place of registration of death) Death Reg. No.”

(f)

No identification numbers exist Where the appropriate identification numbers referred to in sub-paragraph (7)(a) to (e) do not exist in respect of any party, person, entity or property, the following words should be stated immediately below or after the name of that party, person, entity or property concerned: “(No ID No. exists)”.

Inability to furnish identification number at the time of filing a document (8)

If a party who wishes to file a document is unable at the time of filing to furnish the necessary identification numbers required by this Paragraph, the party may indicate “(ID Not Known)” at the time of filing. However, when the necessary identification

numbers have been obtained, the party must furnish the necessary identification numbers to the Registry through the Electronic Filing Service. Meaning of document (9)

For avoidance of doubt, the words “document” and “documents” when used in this Paragraph include all originating processes filed in the Family Justice Courts.

Non-compliance (10)

Any document which does not comply with this Paragraph may be rejected for filing by the Registry.

Part III – Judge-Led Approach in Resolving Family Disputes 6. Judicial Case Management Introduction (1)

The overarching purpose of case management with the Family Justice Courts is to facilitate the just resolution of disputes according to law as inexpensively and as efficiently as possible with the least acrimony.

(2)

The purpose of this Practice Direction is to state the purposes and principles of the Case Management philosophy within the framework of the Judge-Led Approach in proceedings.

Purposes (3)

Parties to a proceeding and their lawyers are required to conduct all proceedings in a way that is consistent with the overarching purpose and ideology governing Family Justice Courts proceedings.

Principles (4)

In giving effect to the overarching purpose, the Court, the parties and the parties’ lawyers will necessarily have regard to how the interests of justice will be served either generally or in any particular proceeding.

Key elements (5)

To achieve the principles set out in paragraph (4), the parties and the parties’ lawyers may expect that each case commenced in the Family Justice Courts may be placed in different tracks bearing in mind the main issues of the case. Possible tracks assigned are; (a)

Child track in which the main issues relate to custody, care and control and access

(b)

International track in which the main issues may involve abduction of a child, relocation issues and issues of appropriate jurisdiction

(c)

High conflict track in which the main issues are financial and the ascertainment of value and extent of the matrimonial assets amenable for division

(d)

Violence track in which the issue is one of physical and mental abuse.

(6)

A case may be assigned to one or more tracks.

(7)

Each case will be allocated to a Judge (assigned Judge) who is then responsible for managing the case until final disposition.

(8)

The assigned Judge will make orders about the way in which the case should be managed or prepared for hearing including referrals to mediation or other modes of alternative dispute resolution.

(9)

The parties and the parties’ lawyers may expect the assigned Judge to have regard to:

(10)

(a)

identifying and narrowing the issues in dispute as early as possible;

(b)

ascertaining the degree of difficulty or complexity of the issues determined to be in dispute;

(c)

setting a hearing date early;

(d)

minimising unnecessary interlocutory steps by permitting only interlocutory steps that are directed to identifying, narrowing or resolving the issues really in dispute between the parties; and

(e)

exploring options for alternative dispute resolution as early as practicable.

The parties and their lawyers are obliged to cooperate with, and assist, the Court in achieving the overarching purpose and, in particular, in identifying the real issues in dispute as early as possible and in dealing with those issues efficiently.

Interlocutory applications

(11)

Where parties have included a claim for an interim relief, that claim may be heard on the return date fixed by the assigned Judge or a date for its later hearing may be set on the return date and directions for preparations made.

(12)

If a claim for interlocutory relief is to be contested, parties or their lawyers should advise the assigned Judge as soon as possible and to give an estimate of the likely hearing time.

(13)

Parties wishing to make urgent applications should contact the Court and to inform of urgency to be placed before the assigned Judge

(14)

If a claim is made for discovery/interrogatories, parties and lawyers should expect that, with a view to eliminating or reducing the burden of discovery, the assigned Judge: (a)

will not order discovery as a matter of course, even where the parties consent, unless discovery is necessary for the determination of issues in the proceeding;

(b)

will fashion any order for discovery to suit the issues in a particular case; and

(c)

will expect the following questions to be answered: (i)

Is discovery necessary to facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible?

(ii)

If discovery is necessary, for what purpose?

(iii)

Can those purposes be achieved —

(A)

by a means less expensive than discovery?

(B)

by discovery only in relation to particular issues?

(iv)

Where there are many documents, should discovery be given in a nonstandard form, e.g. initially on a limited basis, with liberty to apply later for particular discovery or discovery on a broader basis?

(v)

Whether discovery should be given by the use of categories or by electronic format or in accordance with a discovery plan?

(vi)

(15)

Should discovery be given in the list of documents by categories and by a general description rather than by identification of individual documents?

In determining whether to make any order for discovery, the Court will have regard to the issues in the case and the order in which they are likely to be resolved, the resources and circumstances of the parties, the likely benefit of discovery and the likely cost of discovery and whether that cost is proportionate to the nature and complexity of the proceeding.

Case conferences (16)

Case conferences will as needed be set to monitor progress in preparation, resolve emerging procedural and other issues and to make any necessary directions or orders.

Communications with Court (17)

It is never appropriate to contact the assigned Judge directly. The assigned Judge will inform parties and their lawyers of preferred modes of communication but in all cases, the general approach is through emails to the generic email address of the Family Justice Courts.

(18)

All communications with Court should be confined to routine procedural, administrative or procedural matters. Communications should never, unless this is invited, contain information or allegations which are material to the substantive issues in the litigation or which are intended to influence any decision of substance to be made by the assigned Judge.

7. Guidance on Direct Judicial Communications in International Family Proceedings Affecting Children

Explanatory Note Singapore society has become increasingly international. In cases involving children, a further complication arises where parents and children reside in more than one jurisdiction In such cases, direct judicial communications may be beneficial. This Practice Direction is issued to facilitate such communications.. Direct judicial communications refer to communications that take place between sitting judges of different jurisdictions when there are concurrent related proceedings involving the same parties. It has now been recognised and firmly established in some foreign jurisdictions such as England & Wales, Australia, New Zealand, Canada and United States of America that direct judicial communications are key mechanisms to assist practitioners and judges in resolving cases with an international element in the best interests of children and of justice in general. These communications will often result in considerable time savings and better use of available resources, and are done with the overriding objective of securing the best interests of the child. Direct judicial communication does not aim to inhibit parties’ right to adduce expert evidence on the foreign law, but should be seen as another tool to be made available for parties involved in multiple proceedings in different jurisdictions.

Introduction (1)

This Practice Direction is issued to assist judges and practitioners dealing with family proceedings affecting children in which direct judicial communications may be beneficial. It is not intended to change the current rules or procedure or to affect the substantive rights of the parties, but is simply intended to facilitate cooperation in international cases, where appropriate.

(2)

The Liaison Judges of Singapore are appointed by the Chief Justice, and it is part of their role to receive and, when necessary, channel incoming judicial communications

and initiate or facilitate outgoing communications. The names of the current appointees are set out in the Annex to this Paragraph (please see below). (3)

Matters which may be the subject of direct judicial communications include, for example: (a)

scheduling the case in the foreign jurisdiction: (i)

to make interim orders, eg, support, measure of protection;

(ii)

to ensure the availability of expedited hearings;

(b)

establishing whether protective measures are available for the child or other parent in the jurisdiction to which the child would be returned in the case of a child abduction case and, in an appropriate case, ensuring the available protective measures are in place in that jurisdiction before a return is ordered;

(c)

ascertaining whether the foreign court can accept and enforce undertakings offered by the parties in the initiating jurisdiction;

(d)

ascertaining whether the foreign court can issue a mirror order (ie, same order in both jurisdictions);

(e)

confirming whether orders were made by the foreign court;

(f)

verifying whether findings about domestic violence were made by the foreign court;

(g)

verifying whether a transfer of jurisdiction is appropriate.

(4)

“Central Authority” in this Practice Direction is the Authority appointed under section 5 of the International Child Abduction Act (Cap 143C).

(5)

For the avoidance of doubt, all references to “parties” or their “representatives” shall, where a child is to be separately represented, include the Child Representative as appointed by the Court under the Family Justice Rules.

Overarching Principles (6)

Every judge engaging in direct judicial communications must respect the law of his or her jurisdiction.

(7)

When communicating, each judge seised of the matter should maintain his or her independence in reaching his or her own decision on the matter at issue.

(8)

Communications must not compromise the independence of the judge seised in reaching his or her own decision on the matter at issue. Any discussion about the merits of the case should be avoided.

(9)

For the avoidance of doubt, parties remain entitled under the Rules of Court to call upon expert witnesses to prove or disprove the foreign law. The Court will take into account all the available evidence before arriving at a decision.

Procedure and Safeguards (10)

Either party to the proceeding may raise with the judge the desirability and need for direct judicial communications.

(11)

A judge seised of the matter may, if he or she determines it desirable, initiate direct judicial communication through the Liaison Judges.

(12)

Before deciding whether to engage in direct judicial communications, the judge should consider:

(13)

(a)

whether there is a question of foreign law or procedure to clarify with a judge in the foreign jurisdiction,

(b)

whether the question can be answered or dealt with by the Central Authority in Singapore or the Central Authority in the foreign jurisdiction, and if so, the judge may consider having the Central Authority address the issue or obtain the information, and

(c)

whether the question can be answered or dealt with by any judge in the foreign jurisdiction (other than the judge hearing the proceeding).

The following are commonly accepted procedural safeguards. (a)

Except in special circumstances, parties are to be notified of the nature of the proposed communication;

(b)

A record is to be kept of communications and it is to be made available to the parties;

(c)

Any conclusions reached between the judges should be in writing and made available to parties;

(d)

Parties or their representatives should have the opportunity to be present in certain cases, for example via conference call facilities.

(14)

The above commonly accepted procedural safeguards should be adopted subject to Singapore’s legislation and rules.

(15)

In special or urgent circumstances where parties were not notified in advance of the nature of the proposed communications, the judge should provide written reasons to the parties as to why there was no notification as soon as practicable.

(16)

If any party objects to the proposed communications, the judge should direct submissions be lodged from all parties, and if necessary, should direct an oral hearing, before ruling on the matter, giving short reasons for such ruling.

Initiating the Communication (17)

In considering whether the use of direct judicial communications is appropriate, the judge should have regard to speed, efficiency and cost-effectiveness.

(18)

Judges should consider the benefit of direct judicial communications and at what stage of the proceeding it should occur. The timing of the communication is for the judge who initiates it to consider.

(19)

The initial communication should ordinarily take place between our Liaison Judge and the Liaison Judge of the other jurisdiction, if any, in order to ascertain the identity of the judge seised in that jurisdiction. If no Liaison Judge has been appointed in the other jurisdiction, the Central Authority of Singapore or the party within jurisdiction is to assist in providing the identity of the judge in the other jurisdiction.

(20)

When making contact with a judge in another jurisdiction, the initial communication should normally be in writing sent to the email address in the Annex below, subject to provisions set out in this Practice Direction in relation to written communications, and should in particular identify: (a)

the name and contact details of the initiating judge;

(b)

the nature of the case (with due regard to confidentiality concerns);

(c)

the issue(s) on which communication is sought;

(d)

whether the parties before the judge initiating the communication have consented to judicial communication;

(e)

when the communication may occur (with due regard to time differences);

(f)

any specific questions which the judge initiating the communication would like answered;

(g)

any other pertinent matters.

(21)

The time and place for communications between the courts should be to the satisfaction of both courts.

(22)

Personnel other than judges in each court may communicate fully with each other to establish appropriate arrangements for the communication without the necessity for participation of counsel unless otherwise directed by either of the courts.

The Form of Communications and Language Difficulties (23)

Judges should use the most appropriate technological facilities in order to communicate as efficiently and as swiftly as possible.

(24)

The initial method and language of communication should, as far as possible, respect the preferences, if any, indicated by the intended recipient in the list of members of the Liaison Judges. Further communications should be carried out using the initial method and language of communication unless otherwise agreed by the judges concerned.

(25)

Where two judges do not understand a common language, and translation or interpretation services are required, such services could be provided by the court or the Central Authority in the country from which the communication is initiated.

Written Communications (26)

Written communications, particularly in initiating the contact, are valuable as they provide for a record of the communication and help alleviate language and time zone barriers.

(27)

Where the written communication is provided through translation, it is good practice also to provide the message in its original language.

(28)

Communications should always include the name, title and contact details of the sender.

(29)

Communications should be written in simple terms, taking into account the language skills of the recipient.

(30)

As far as possible, appropriate measures should be taken for the personal information of the parties to be kept confidential.

(31)

Written communications should be transmitted using the most rapid and efficient means of communication and, in those cases where it is necessary for confidential data to be transmitted, secured means of communication should be employed.

(32)

Written communications should always be acknowledged as soon as possible with an indication as to when a response will be provided.

(33)

All communications should be typewritten.

(34)

Ordinarily, communications should be in writing, save where the paragraph (35) applies.

Oral Communications (35)

Oral communications are encouraged where judges involved come from jurisdictions which share the same language.

(36)

Where the judges do not speak the same language, one or both of them, subject to an agreement between the two judges concerned, should have at their disposal a competent and neutral interpreter who can interpret to and from their language.

(37)

Where necessary, personal information concerning the parties should be anonymised for the purpose of oral communication.

(38)

Oral communications can take place by either telephone or video conference and in those cases where it is necessary that they deal with confidential information, such communications should be carried out using secured means of communication.

(39)

If both judges involved in the communication agree, the parties or their representative may be permitted to be present during the oral communication. If one party or representative is to be present, then the other party or representative should be permitted to be present.

(40)

Subject to the agreement of both judges involved in the oral communications(a) such oral communications may be conducted in the presence of the parties or their representatives by way of video conference or by conference telephone call; (b)

the parties or their representatives may be permitted to speak during the communication, but if one party or representative wishes to speak, then the other party or representative should be permitted a chance to answer.

Post Communications

(41)

A written record of the communications should be sent to the parties as soon as practicable.

(42)

Any correspondence or email or written communications between the judges should be preserved for the record.

Keeping Central Authority informed of judicial communications (43)

Where appropriate, the judge engaged in direct judicial communications may consider informing his or her Central Authority that a judicial communication will take place.

Annex Liaison Judge(s) Valerie Thean Presiding Judge Family Justice Courts 3 Havelock Square Singapore 059725

Foo Tuat Yien Judicial Commissioner Family Justice Courts 3 Havelock Square Singapore 059725

Email contact: [email protected]

Part IV – Processes relating to Children 8. Child Representative (1)

The Court may on its own motion, or either party may make an application for the court to appoint a Child Representative pursuant to rule 30 of the Family Justice Rules.

(2)

Upon the making of an order for the appointment of a Child Representative, the Registrar will select a member from the Child Representative panel and send a letter of request of acceptance of the appointment by email to the selected member. The member may choose to decline such an appointment. If no response is received within 3 working days of the email, the member is deemed to have declined the appointment.

(3)

All members on the Child Representative panel shall inform the Court of any changes to their email addresses.

(4)

Upon acceptance of the appointment, the Child Representative will receive a letter from the Registrar confirming the appointment, providing the contact details of the parties and a date of a case conference. The following documents may be enclosed with the letter: (a)

an Information Sheet on Child Representative, which the Child Representative is to give to the parties at the earliest possible opportunity together with any further explanation which the Child Representative deems fit, in compliance with Family Justice Rules and paragraph (7) below;

(b)

a Child Representative Practice Note, which the Child Representative is to read carefully and adhere to;

(c)

a Child Representative Checklist, which will be used at the case conference; and

(d)

a Questionnaire to the parties, which the Child Representative might use to obtain information from the parties.

(5)

Within 7 days from the receipt of the confirmation of appointment as described in paragraph (4) above, the Child Representative shall serve file and serve a Notice of Address for Service on Child Representative (Form 187 of Appendix A to these Practice Directions) on the parties to the proceedings.

(6)

The unique role of the Child Representative is to ascertain the wishes of the child, keep the child informed and do the necessary to protect the child’s best interest. The

Child Representative is also duty bound to ensure that the Court is apprised of all matters relevant to the interest of the child. (7)

Upon accepting the appointment referred to in paragraph (4) above, the Child Representative should act expeditiously in fulfilment of his/her duties as set out in rule 31 of the Family Justice Rules, including the following: (a)

providing the parties and/or solicitors with information about the role of the Child Representative and informing them of the requirements in respect of their communications with the Child Representative and any contributions towards the costs of the Child Representative which the Court may have ordered; and

(b)

developing and implementing a plan for engaging the child and involving the child in the decision making process in consultation with any other professional who may be working with the child.

(8)

In the event that the Child Representative wishes the Court to make any orders which the Child Representative is of the view necessary for the fulfilment of his/her duties, it shall be done by way of an inter-partes Summons under the proceedings.

(9)

In the event that the Child Representative suspects that the child is a victim of abuse, the Child Representative must immediately inform Child Protection Services of the Ministry of Social and Family Development. The Child Representative must also inform the Court by way of letter at the earliest opportunity. The Judge may in his/her discretion call for a case conference.

(10)

Where there are any matters which the Child Representative is of the view should only be shared in confidence with the Court in the best interest of the child, the Child Representative should write to court requesting for a case conference with the Judge presiding over the matter. The Judge may in his/her discretion call for a case conference only with the Child Representative. If there are any urgent issues relating to the safety of the child, the Child Representative must write to court immediately requesting for urgent audience.

(11)

The Child Representative shall file in Court and serve on parties a Written Submission in Form 188 of Appendix A within the time frame directed by the Court.

(12)

All correspondence to Court from the Child Representative or the parties shall be copied to the other party and the Child Representative (unless the Child Representative has been discharged) including that in paragraph (10) above.

9. Examination of children (1)

Applicants for the leave of the Court for a child to be examined or assessed under rule 35 of the Family Justice Rules must draft their applications in the prescribed format in Form 189 in Appendix A to these Practice Directions, with the appropriate modifications to suit the individual case.

(2)

A draft Letter of Instruction to Expert Witness in the prescribed format in Form 190 in Appendix A to these Practice Directions, together with the relevant Schedules, must be annexed to the application.

(3)

If parties are unable to agree on the expert to be appointed, the Court may consider appointing an expert from the panel of doctors in the Institute of Mental Health.

10. Arrangements for the welfare of children (1)

Section 123 of the Women’s Charter (Cap. 353) sets out the restrictions on the making of the interim judgment final for divorce or nullity of marriage or the granting of a judgment of judicial separation before proper arrangements for the welfare of the children have been made.

(2)

To enable the Court to discharge its duty under section 123, counsel should, at the hearing of the proceedings, inform the Court — (a)

whether there are relevant children to whom the section applies;

(b)

whether arrangements have or have not been made for the welfare of the children and that if arrangements have been made, whether they are satisfactory or are the best that can be devised in the circumstances;

(c)

whether or not it is impracticable for the party or parties appearing before the Court to make such agreements; and

(a)

whether or not the circumstances make it desirable that the interim judgment should be made final or as the case may be, that the judgment of judicial separation should be granted without delay.

Part V – Alternate Dispute Resolution 11. Mediation and/or Counselling Directed by Court (1)

In any proceedings before the Court, it may direct that parties attend mediation and/or counselling (pursuant to section 50(1) of the Women’s Charter (Cap. 353) or section 26(9) of the Family Justice Act 2014) to encourage parties to resolve the matter amicably and assist parties in reaching an agreement or to narrow the issues in contention.

(2)

For child-related proceedings, a Family Dispute Resolution Conference (“FDR Conference”) will be called to crystallise the issues of contention. All parties together with their counsel (if any) will have to attend the FDR Conference. At the FDR Conference, directions may be given in relation to the filing and exchanging of relevant documents and/or proposals. Parties will also be directed to attend mediation and/or counselling, whichever is appropriate.

(3)

For non-child related proceedings, the Registrar or the Judge may direct parties to attend mediation and/or counselling, whichever is appropriate.

(4)

Counsel is not expected to attend any counselling sessions directed by the Court. However, counsel and parties must personally attend all mediation sessions.

(5)

For all mediation sessions, (whether child-related or otherwise) Counsel and parties are to prepare a Summary for Mediation in the prescribed format in Form 191 in Appendix A to these Practice Directions prior to the mediation for submission and discussion during the mediation, together with all relevant documents as may be directed by the Court.

(6)

Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft will be given to the parties who are advised to consult their counsel (if any).

(7)

For nullity, divorce, judicial separation proceedings, where interim judgment or judgment of judicial separation has been granted, any agreement will be recorded as a consent order by the Judge-Mediator at a mediation session or any other Judge sitting as a Judge in Chambers upon confirmation of the terms by the parties and/or counsel. Where interim judgment or judgment of judicial separation has not been granted, the agreement will be formally recorded by the Judge and directions will be given for the setting down of the divorce on an uncontested basis on an expedited basis.

(8)

For all other proceedings not covered by paragraph (7) above, any agreement reached will be recorded as a consent order by the Judge-Mediator at a mediation session

Mediator or any other Judge sitting as a Judge in Chambers upon the confirmation of the terms by the parties and/or counsel. (9)

Mediation will be conducted on a without prejudice basis. All communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law. If the dispute is not resolved at the mediation session, the District Judge or Registrar will give the necessary directions to enable the case to proceed to trial, and the case will be heard by a Judge other than the District Judge or Registrar conducting the mediation.

(10)

Where there is a disagreement between the parties on the terms of the agreement which were recorded at mediation, either party may write in for a clarification before the Judge-Mediator.

12. Mandatory Counselling & Mediation (1)

Section 50(3A) of the Women’s Charter (Cap. 353) provides for mandatory counselling / mediation sessions at the Child-Focused Resolution Centre (“CFRC”). The first phase, beginning in September 2011, was for divorcing parents with any child or children below 8 years of age. The second phase, involving divorcing parents with any child or children below 14 years of age, was implemented for cases filed from 1st July 2013. The final phase was implemented for cases filed from 1 October 2014 and extended to all divorcing parents with any child or children below 21 years of age.

(2)

Notice(s) of attendance for mandatory counselling/mediation sessions with location details will be sent to the plaintiff and defendant in the divorce proceedings. Attendance by the parties is compulsory. Attendance by the parties’ respective counsel, if any, is required only when specifically stated in the notification.

(3)

Counsel and parties are required to attend a Family Dispute Resolution Conference (“FDR Conference”) for a preliminary discussion of the issues relating to the child or children of the marriage. The purpose is to crystallise the issues on matters relating to the child or children and to agree on mutually convenient dates for the parties to attend counselling / mediation. Any unresolved issue relating to the divorce (including any ancillary issues such as the question of maintenance or the division of matrimonial assets) may also be discussed.

(4)

Counsel and parties are expected to come prepared to discuss all issues relating to or impacting the child or children.

(5)

After the FDR Conference, the parties alone will attend an Intake and Assessment Session with their assigned Family Counsellor.

(6)

Subsequent counselling sessions involving only the parties, may be fixed by the assigned Family Counsellor and the parties.

(7)

A Mediation date will be given to the parties and counsel at the FDR Conference if appropriate for the case. It is important that parties attend on the dates given and use the opportunity to discuss and resolve the issues with the help of a Judge-Mediator and/or Family Counsellor. Counsel and parties are to prepare a Summary for Mediation in Form 191 in Appendix A to these Practice Directions prior to the mediation for submission and discussion during the mediation together with all relevant documents as may be directed by the Court.

(8)

Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft will be given to the parties who are advised to consult

their counsel (if any). Where interim judgment has been granted, the agreement will be recorded as a consent order by the Judge-Mediator at a subsequent mediation session upon confirmation of the terms. (9)

Where interim judgment or judgment for judicial separation has been granted, any agreement reached by the parties at any time may be recorded as a consent order by the Judge–Mediator at a mediation session or any other Judge sitting as a Judge in Chambers upon confirmation of the terms by the parties and/or counsel. Where interim judgment or judgment of judicial separation has not been granted, the agreement will be formally recorded by the Judge and directions will be given for the setting down of the divorce on an uncontested basis on an expedited basis.

(10)

Under section 50(3B) of the Women’s Charter (Cap. 353), the court may dispense with the attendance of the parties at mediation/counselling if it deems that it is not in the interest of the parties concerned to do so (e.g. where family violence has been committed or where Child Protection Services is involved in the case).

(11)

Counsel should advise his/her client of the consequences of non-attendance under section 50(3D) and (3E) of the Women’s Charter (Cap. 353).

(12)

Mediation will be conducted on a without prejudice basis. All communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law. If the dispute is not resolved at the mediation session, the District Judge or Registrar will give the necessary directions to enable the case to proceed to trial, and the case will be heard by a Judge other than the District Judge or Registrar conducting the mediation.

(13)

Where there is a disagreement between the parties on the terms of the agreement which were recorded at mediation, either party may write in to court for a clarification before the Judge-Mediator.

13. Counselling (1)

The Court may direct that parties attend counselling pursuant to section 26(9) of the Family Justice Act.

(2)

Counselling is conducted to help parties manage difficult emotions related to a divorce or any other familial relationship, and facilitating a parenting agreement that preserves significant relationships and supports children’s psychological adjustment to the separation. Counselling may also be directed after orders are made to assist with the emotional aspects of dealing with the outcome of the orders particularly in cases involving the relocation of a child.

(3)

Counsel may attend a counselling session if the assigned counsellor considers it appropriate.

(4)

The counsellor may request that the child be included in the counselling sessions, either alone or together with the parents depending on the case, if the counsellor is of the view that it would be in the interest of the child to be involved.

(5)

Any request for a change or vacation of the counselling appointment shall be made at least 3 working days before the appointed date.

(6)

Counselling sessions will be conducted on a without prejudice basis. Any consensus reached during counselling sessions will be recorded as a draft agreement. A copy of the draft agreement, recorded by the counsellor and signed by the parties, will be given to the parties to seek further advice from their respective counsel (if any). The draft agreement and all communications made in the course of counselling will be treated in strict confidence and shall not be admissible in any court.

Part VI – Proceedings for the Dissolution of Marriage under Part X of Women’s Charter 14. Particulars of Statement of Claim Bankruptcy status of both parties (1)

The Plaintiff must conduct a bankruptcy search on the Defendant.

(2)

(deleted)

(3)

The Plaintiff must state the bankruptcy status of both parties in the Statement of Particulars with the relevant details as specified in sub-paragraph (5) below.

(4)

(deleted)

Statement of Particulars (5)

The Statement of Particulars to be filed pursuant to rule 44(1)(b) of the Family Justice Rules must state the following information: Bankruptcy Status (a)

whether the Plaintiff is a bankrupt;

(b)

whether there are pending bankruptcy proceedings filed against the Plaintiff and if so, to state the details of such proceedings, such as the originating summons number, the type of bankruptcy proceedings (e.g. creditor’s or debtor’s bankruptcy application), the creditor(s), the amount of the Plaintiff’s debt, the stage of proceedings, etc.;

(c)

whether the bankruptcy search conducted in relation to the Defendant shows that he is a bankrupt or that there are pending bankruptcy proceedings filed against the Defendant;

Domicile (d)

where the Plaintiff claims the court has jurisdiction based on domicile and neither the Plaintiff nor the Defendant is a Singapore citizen, to state the basis for claiming domicile in Singapore;

Habitual Residence

(e)

where the Plaintiff claims the court has jurisdiction based on either party’s or both parties’ habitual residence in Singapore, to state the relevant details of the habitual residence, including the address(es) and duration of residence;

Separation (f)

(6)

where a statement of claim pleads facts that are based on section 95(3)(d) or (e) of the Women’s Charter (Cap. 353) (i.e. 3 years’ separation with consent and 4 years’ separation respectively), the Statement of Particulars must specifically contain the following particulars: (i)

the date which the Plaintiff and the Defendant commenced their separation;

(ii)

the reasons for both parties’ intention to commence separation;

(iii)

the duration of the separation;

(iv)

the residential address of each party during the period of separation (if known); and

(v)

if the parties have been living in separate households under the same roof for the period of the separation, to give details on how the parties have been living in separate households.

The Statement of Particulars must include the following documents as annexures: (a)

a copy of the marriage certificate, including a translation thereof if it is not in the English language;

(b)

a copy of the Defendant’s Consent to Grant Judgment on Three Years’ Separation in Form 192 of Appendix A to these Practice Directions (where relevant);

(c)

a copy of the bankruptcy search against the Plaintiff showing the results of the search (e.g. whether the search is negative or if it shows that the Plaintiff is a bankrupt or that there are pending bankruptcy proceedings against the Plaintiff); and

(d)

a copy of the bankruptcy search against the Defendant showing the results of the search (e.g. whether the search is negative or if it shows that the Defendant is a bankrupt or that there are pending bankruptcy proceedings against the Defendant).

(7)

The bankruptcy search must be conducted for the year in which the Writ for Divorce is filed as well for the years that the search indicates that there were bankruptcy proceedings against the Plaintiff or Defendant.

Counterclaim (8)

The Counterclaim to be filed pursuant to rule 56(4) of the Family Justice Rules must state the following information: (a)

whether the Defendant is a bankrupt; and

(b)

whether there are pending bankruptcy proceedings filed against the Defendant and if so, to state the details of such proceedings, such as the originating summons number, the type of bankruptcy proceedings (e.g. creditor’s or debtor’s bankruptcy application), the creditor(s), the amount of the Defendant’s debt, the stage of proceedings, etc.

15. Request for simplified hearing track for divorce proceedings where parties have agreed on ancillary matters (1)

Where parties to any divorce proceedings, having reached an agreement on the ancillary matters, agree to proceed with the divorce proceeding on an uncontested basis, they may request that the divorce proceedings be dealt with on a simplified hearing track.

(2)

The simplified hearing track is available where — (a)

the parties have reached an agreement through a Collaborative Family Practice process (CFP), whether conducted by the Singapore Mediation Centre or through private mediators using the CFP; or

(b)

the parties have negotiated privately and reached an agreement with or without the assistance of counsel.

(3)

For the purpose of subparagraph (2)(a), the Collaborative Family Practice (CFP) is a process in which a trained counsel, i.e. the collaborative counsel, represents a party only in negotiations aimed exclusively at settlement. The CFP aims to achieve a consensual solution for family law related disputes without resort to litigation. Where the negotiations fail, the collaborative counsel will then withdraw from acting for the party concerned in order that that party may engage a new counsel to pursue the case through litigation.

(4)

Where — (a)

the negotiations lead to a settlement;

(b)

the parties agree to proceed with an uncontested divorce and also file a draft consent order in respect of to the ancillary matters; and

(c)

the requisite documents are in order,

the Court will fix the divorce proceedings filed pursuant to the settlement, for hearing on an uncontested basis upon the filing of the divorce proceedings. How to apply for simplified uncontested divorce proceedings (5) When filing the divorce proceedings, the applicant must select "Simplified" type of filing.

as the

(6)

The following documents must be filed together with the Writ for Divorce: (a) Statement of Claim (the orders sought for the ancillary issues as agreed must be typed into the template fields for the ancillary prayers); (b)

Statement of Particulars with the following annexures:(i) the draft Interim Judgment with agreed ancillary issues duly signed by both parties or their respective counsel; (ii) the bankruptcy searches of both parties, conducted in accordance with Paragraph 14(7) above; (iii) the consent from Defendant to the simplified uncontested divorce in Form 193 of Appendix A; (iv) a copy of the Marriage Certificate;

(c)

Request for Setting Down Trial for Action (in Form 29 of Appendix A to these Practice Directions); and

(d)

Plaintiff’s Affidavit of Evidence in Chief.

(7)

If the divorce is to be granted based on a Claim and Counterclaim, the following documents must be filed by the Defendant within 3 working days from the filing of the Writ: (a) Counterclaim; and (b) Defendant’s Affidavit of Evidence in Chief.

(8)

In the event that subparagraph (7) is not complied with, the Court may proceed to make the appropriate orders or directions notwithstanding the failure, such as adjourning the divorce hearing or granting the interim judgment only on the claim.

16. Agreed Matrimonial Property Plan and Proposed Matrimonial Property Plan (1)

Rule 46(3)(b) of the Family Justice Rules provides that the plaintiff shall serve a copy of the agreed matrimonial property plan on the Housing and Development Board (“HDB”) prior to the filing of the agreed matrimonial property plan.

(2)

Where parties have agreed that the HDB matrimonial asset is to be retained by one party (that is, Option 4 or 5 in Form 13 of Appendix A, the party seeking to file the agreed matrimonial property plan shall serve the “Request for Checking of Eligibility” in accordance with Form 194 in Appendix A to these Practice Directions on the HDB in addition to the agreed matrimonial property plan. The agreed matrimonial property plan and Form 194 shall be served on the HDB at — (a)

the Branch Office which is in charge of the estate where the HDB flat is located, where the HDB matrimonial asset is an HDB flat; and

(b)

the Sales Section at HDB Centre, where the HDB matrimonial asset is an Agreement for the Lease of an HDB flat.

(3)

Where the HDB matrimonial asset is an HDB flat, the HDB standard query as required under rule 46(4) of the Family Justice Rules shall be in accordance with Form 195 in Appendix A to these Practice Directions and shall be served on the HDB at the Branch Office which is in charge of the estate in which the HDB flat is located. Where the HDB matrimonial asset is an Agreement for the Lease of an HDB flat, the HDB standard query shall be in accordance with Form 196 in Appendix A to these Practice Directions and shall be served on the HDB at the Sales Section at HDB Centre. The Housing and Development Board shall give the written answers to the standard query within one month of the service of the query.

(4)

The relevant CPF statements referred to in rules 46 and 56 of the Family Justice Rules are statements which show— (a)

the amount of CPF monies and the amount of accrued interest thereon utilised by the party towards the purchase of any HDB flat (i.e. the Public Housing Scheme - Withdrawal Statement);

(b)

the amount of CPF monies standing in the party’s ordinary, medisave, special and retirement (if any) accounts respectively (i.e. the Statement of Account); and

(c)

whether the CPF member had pledged the HDB flat in lieu of setting aside the Minimum Sum or any part thereof in his / her CPF Retirement Account and if

yes, the amount of pledged Minimum Sum and the accrued interest (this is applicable to CPF members aged 55 years and above only). (5)

The additional CPF information referred to in rules 46 and 56 of the Family Justice Rules are statements which show, amongst other things, whether there is any amount which the CPF member must set aside or top up to his CPF Retirement Account when he/she sells, transfers or otherwise disposes of his/her HDB flat and if yes, the amount (this is applicable to CPF members aged 55 years and above).

(6)

The relevant CPF statements may be obtained in the following manner — (a)

by using the Statement Request, an online service provided in the CPF website at http://www.cpf.gov.sg, (“the CPF website”); or

(b)

by attending, either personally or through an authorised representative, at any of the CPF Board offices and making a personal request for the relevant CPF statements, for which purpose a party or his authorised representative is to produce, for the CPF Board’s verification — (i)

the National Registration Identity Card or passport of the party; and

(ii)

where applicable, the original letter of authorisation signed by the party (i.e. the CPF member) and the National Registration Identity Card or passport of the authorised representative.

(7)

The additional CPF information may be obtained by serving the original copy of Form 197 in Appendix A to these Practice Directions on the CPF Board at the Public Housing Section, Main Office of the CPF Board. Solicitors who wish to complete Form 197 on behalf of their clients shall annex a covering letter to Form 197 stating that they are the solicitors representing the CPF member for whom the enquiries are made. The CPF Board shall give the respective parties the written answers to the request for additional CPF information within one month of the service of Form 197.

(8)

The date of the relevant CPF statements obtained must be no earlier than 3 months from the date of the filing of the writ.

(9)

The replies of the HDB and the relevant CPF statements shall be retained by the parties and shown to the Court at the mediation or hearing of the ancillary matters, if necessary.

17. Status conferences (1)

Status conferences will be conducted for matrimonial proceedings under Part X of the Women’s Charter before the case is set down for hearing.

(2)

Status conferences are conducted for the purposes of ensuring that cases are dealt with and disposed of without delay and to assign time frames for the disposition of cases.

(3)

At the status conference, the matters to be considered include the following:

(4)

(a)

service of the writ and the affidavit of service;

(b)

filing of all necessary documents;

(c)

the likelihood of settlement;

(d)

ages of the child / children of the marriage;

(e)

directions for parties to exchange a list of relevant information on the ancillary issues;

(f)

directions for parties to attend mandatory counselling and mediation at the Child Focused Resolution Centre;

(g)

the dates of the mediation and counselling sessions;

(h)

the date of setting down; and

(i)

the necessity (if any) to transfer the proceedings to the Family Division of the High Court for hearing and determination.

To facilitate a more effective and expedient processing of cases and to reduce the number of court attendances, a Registrar’s Notice (“the First Status Conference Notice”) in the format as set out in Form 198 in Appendix A to these Practice Directions will be sent to the plaintiff within 6 weeks directing the plaintiff either — (a)

to set down the case for hearing by a stipulated date if the pleadings are closed; or

(b)

to inform the Court of the status of the matter if the pleadings are not closed, for which purpose —

(i)

the requisite information shall be given in Form 199 in Appendix A to these Practice Directions and shall be sent to the Court within 7 days of the First Status Conference Notice; and

(ii)

upon receipt of Form 199, the Court will consider the reasons stated in the form and may make the appropriate directions for the matter.

(5)

If the plaintiff fails to set down and to reply to the First Status Conference Notice in accordance with sub-paragraph (4) above, a Second Status Conference Notice in Form 200 in Appendix A to these Practice Directions shall be sent directing the plaintiff to set down the matter by a stipulated date, failing which the plaintiff is to attend a Status Conference.

(6)

Where a case is set down for hearing before a status conference, the status conference will be vacated.

18. Uncontested Matrimonial Proceedings in Chambers (1)

In uncontested matrimonial proceedings under section 95 and section 101, Part X of the Women’s Charter (Cap 353), the Court may dispense with the attendance of counsel and parties at the uncontested divorce hearing.

(2)

The party filing the Request for Setting Down Action for Trial on an uncontested basis shall, at the same time, file the following: (a)

where the plaintiff is proceeding on the statement of claim, the Affidavit of Evidence in Chief in Form 201 in Appendix A to these Practice Directions to attest to the veracity of the contents found in the statement of claim and statement of particulars;

(b)

where the defendant is proceeding on the counterclaim, the Affidavit of Evidence in Chief in Form 202 in Appendix A to these Practice Directions to attest to the veracity of the contents of the counterclaim;

(c)

where there is a Private Investigator’s (PI) report to be adduced as evidence, the Affidavit of Evidence in Chief of the PI exhibiting the PI report;

(d)

the draft consent order incorporating the terms of the agreement, if any; and

(e)

Form 203 in Appendix A to these Practice Directions, a copy which shall be sent to the other party at the same time by the filing party.

(3)

Where the documents are in order, the court may proceed to grant the relevant orders in chambers without requiring the attendance of the parties.

(4)

Notwithstanding the above, the Court has the discretion to fix the matter for open court hearing and require the attendance of parties.

(5)

This procedure shall be complied with by counsel acting for the party filing the Request for Setting Down Action for Trial in all applicable cases unless an application for exemption is submitted citing special grounds (for example where parties wish to make any further application related to the grant of an interim judgment, including applications for abridgment of time).

(6)

If parties are applying for an exemption under sub-paragraph (5) above, the party filing the Request for Setting Down Action for Trial on an uncontested basis shall, at the same time, file Form 204 instead of Form 203in Appendix A to these Practice Directions.

19. Uncontested Matrimonial Proceedings in open court hearings (1)

(2)

In uncontested matrimonial proceedings under sections 105 and 106, Part X of the Women’s Charter (Cap 353), the party filing the Request for Setting Down Action for Trial on an uncontested basis shall, at the same time, file the following: (a)

where the plaintiff is proceeding on the statement of claim, the Affidavit of Evidence in Chief in Form 201 in Appendix A to these Practice Directions to attest to the veracity of the contents found in the statement of claim and statement of particulars;

(b)

where the defendant is proceeding on the counterclaim, the Affidavit of Evidence in Chief in Form 202 in Appendix A to these Practice Directions to attest to the veracity of the contents of the counterclaim;

(c)

where there is a Private Investigator’s (PI) report to be adduced as evidence, the Affidavit of Evidence in Chief of the PI exhibiting the PI report;

(d)

the draft consent order incorporating the terms of the agreement, if any; and

(e)

Form 204 in Appendix A to these Practice Directions, a copy of which shall be sent to the other party at the same time by the filing party.

For the open court hearings of uncontested matrimonial proceedings under section 105 and 106, Part X of the Women’s Charter or pursuant to Paragraphs 18(4) and 18(5) above, there is no need for the plaintiff to be made to confirm every paragraph of the statement of claim and statement of particulars. Counsel will only need to put to the plaintiff in the witness box the questions which will prove the following matters: (a)

the marriage;

(b)

the particulars of the children (if any);

(c)

the ground on which the action is founded; and

(d)

the reliefs claimed.

(3)

For this purpose and to facilitate the proceedings, counsel should supply a copy each of the statement of claim and statement of particulars to their respective clients.

(4)

If parties have reached an ancillary matters agreement, and intend to have it recorded at the open court hearing, counsel shall file the draft consent order incorporating the

terms of the said agreement at least 7 working days prior to the open court hearing. The document name selected for the draft consent order in the Electronic Filing Service shall be “Draft Consent Order”. (5)

Notwithstanding the adoption of this simplified procedure, counsel will still be expected to bring to the attention of the Court any specific matters in connection with or arising from the proceedings of which the Court should be aware. In particular, if section 123 of the Women’s Charter is applicable, the Directions set out in Paragraph 10 of these Practice Directions shall be complied with.

20. Documents for use in trials of contested matrimonial proceedings under Part X of the Women’s Charter (Cap 353) (1)

This Paragraph shall apply to trials of contested matrimonial proceedings. For matrimonial proceedings filed before 1 April 2006, any reference in this Paragraph to the plaintiff and defendant shall be read as a reference to the petitioner and respondent respectively.

(2)

To improve the conduct of contested matrimonial proceedings and to reduce the time taken in the presentation of cases in Court, the following documents shall be prepared by the respective solicitors of the parties: (a)

a bundle of documents (an agreed bundle where possible);

(b)

a bundle of authorities; and

(c)

an opening statement.

Bundle of documents (3)

Documents to be used at trial should be consolidated into bundles paginated consecutively throughout at the top right hand corner. An index of contents of each bundle in the manner and form set out in Form 205 of Appendix A must also be furnished. No bundle of documents is necessary in cases where parties are not relying on any document at the trial.

(4)

It is the responsibility of solicitors for all parties to agree and prepare an agreed bundle as soon as possible. The scope to which the agreement extends must be stated in the index sheet of the agreed bundle.

(5)

In cases where certain documents cannot be agreed upon, these should be separately bundled as the plaintiff’s bundle, the defendant’s bundle or such other party’s bundle as the case may be.

(6)

The documents in the bundles should — (a)

be firmly secured together with plastic ring binding or plastic spine thermal binding. The rings or spines should be red for plaintiffs and blue for defendants with a transparent plastic cover in front and at the back;

(b)

have flags to mark out documents to which repeated references will be made in the course of the hearing. Such flags shall bear the appropriate indicium by which the document is indicated in the index of contents. Flags shall be spaced out evenly along the right side of the bundle so that as far as possible they do not overlap one another; and

(c)

be legible. Clear legible photocopies of original documents may be exhibited instead of the originals provided the originals are made available for inspection by the other parties before the hearing and by the Judge at the hearing.

(7)

Where originals and copies of documents are included in one bundle, it should be stated in the index which documents are originals and which are copies.

(8)

Only documents which are relevant or necessary for the trial shall be included in the bundles. In cases where the Court is of the opinion that costs have been wasted by the inclusion of unnecessary documents, the Court will have no hesitation in making a special order for costs against the relevant person.

(9)

A core bundle should (unless clearly unnecessary) also be provided containing the most important documents upon which the case will turn or to which repeated reference will have to be made. The documents in this bundle should normally be paginated but should also be cross-referenced to copies of the documents included in the main bundles. The bundle supplied to the Court should be contained in a looseleaf file which can easily have further documents added to it if required.

(10)

The bundles of documents including the agreed bundle and core bundle, if applicable, shall be filed and served on all relevant parties at least 3 days before trial.

Bundle of authorities (11)

The requirements set out in Paragraph 90(9) to (11) shall, with the necessary modifications, be complied with in respect of proceedings falling within this Paragraph.

Opening statements (12)

The requirements set out in Paragraph 90(12) shall, with the necessary modifications, be complied with.

Timeline for tendering documents (13)

Paragraphs 90(13) and 90(14) shall apply, with the necessary modifications, to proceedings to which this Paragraph applies.

21. Affidavit of Assets and Means (1)

The Affidavit of Assets and Means (“AOM”) to be filed pursuant to rule 89 of the Family Justice Rules shall be in Form 206 in Appendix A to these Practice Directions.

(2)

The list of documents to be produced by each of the parties and exhibited to the AOM shall, where relevant, be as follows: (a)

the party’s payslips for the last 6 months before the filing of the AOM;

(b)

the party’s evidence of employment, as well as evidence confirming his or her salary (eg. a letter from the party’s employer or a copy of an employment contract);

(c)

the party’s Notice of Assessment of Income for the past 3 years before the filing of the AOM;

(d)

if the party is an undischarged bankrupt, the Statement of Affairs and the latest Income and Expenditure Statement filed with the Official Assignee;

(e)

the party’s updated Central Provident Fund (“CPF”) statements (which must be dated not more than 2 weeks before the filing of the AOM), showing contributions made by the party towards the purchase of any immoveable property and the balances in the party’s CPF accounts (if any);

(f)

the party’s updated CPF Investment Account statements (which must be dated not more than 2 weeks before the filing of the AOM);

(g)

the party’s Central Depository (Pte) Ltd (“CDP”) statements (if any);

(h)

a copy of an updated search result made with the Accounting and Corporate Regulatory Authority (“ACRA”) in respect of any businesses owned by the party (which must be dated not more than 2 weeks before the filing of the AOM);

(i)

a copy of any valuation report or transaction search in respect of any immoveable properties owned by the party;

(j)

a copy of any tenancy agreement, hire purchase agreement, insurance policy or any letter from any insurance company showing the surrender value of any insurance policy of the party;

(3)

(k)

the party’s list of monthly expenses for himself or herself and / or the parties’ child(ren) such as utilities bills, telephone bills, school fees, etc,;

(l)

documents and receipts to prove the monthly expenses of the party and / or the parties’ child(ren);

(m)

the party’s updated bank passbooks and / or bank statements (including sole and joint accounts) showing the party’s banking transactions and account balances for the last 3 months before the filing of the AOM; and

(n)

any other documents referred to or supporting the information in the AOM.

In complex cases, parties may apply for further discovery under rule 63 of the Family Justice Rules of documents which are necessary and proportionate to the complexity and value of the case.

22. Documents required for the extraction of Certificate of Making Decree Nisi Absolute and Decree Nisi for matrimonial proceedings filed before 15 December 2003 (1)

For matrimonial proceedings filed before 14 April 2003, solicitors are required to submit the following documents when making an application for the Decree Nisi to be made Absolute: (a)

three copies of the Certificate of Making Decree Nisi Absolute (one of which is to be stamped);

(b)

one stamped copy of the affidavit on application to search the court records (applicable only if the decree nisi was granted before 15 February 2003);

(c)

one stamped copy of the Notice of Application to Make Decree Nisi Absolute;

(d)

one copy of the Parenting Plan (where applicable);

(e)

one copy of the Order of Court granting leave to make Decree Nisi Absolute out of time (where applicable);

(f)

one copy of the Decree Nisi; and

(g)

one copy each of the Orders of Court on all ancillary matters (where applicable).

(2)

The documents referred to in sub-paragraph (1)(a) to (e) above must be original documents, and not photocopies.

(3)

The documents referred to in sub-paragraph (1)(f) and (g) above may be photocopies.

(4)

For matrimonial proceedings filed on or after 14 April 2003 but before 15 December 2003, solicitors are required to submit the following documents when making an application for the Decree Nisi to be made Absolute: (a)

three copies of the Certificate of Making Decree Nisi Absolute (one of which is to be stamped);

(b)

one copy of the Order of Court granting leave to make the Decree Nisi Absolute out of time (where applicable);

(c)

one copy of the Decree Nisi; and

(d)

one copy each of the Orders of Court on all ancillary matters (where applicable).

(5)

The documents referred to in sub-paragraph (4)(a) and (b) above must be original documents, and not photocopies.

(6)

The documents referred to in sub-paragraph (4)(c) and (d) above may be photocopies.

(7)

When seeking approval of a draft Decree Nisi signed by only one party, solicitors are required to submit the following documents: (a)

one copy of the draft Decree Nisi signed by the relevant party / relevant party’s solicitor; and

(b)

one copy of the draft consent order recorded by the Court at the Decree Nisi hearing (where applicable).

(8)

The documents listed in sub-paragraph (7)(a) and (b) may be photocopies. Upon approval and return of the draft Decree Nisi, two copies of the Decree Nisi in terms of the approved draft (one of which is to be stamped) must be submitted to the Family Registry for processing.

(9)

When seeking the extraction of Decrees Nisi and Orders of Court endorsed with the signatures of all the relevant parties / relevant parties’ solicitors, solicitors are required to submit the following documents: (a)

one copy of the draft Decree Nisi / Order of Court signed by all relevant parties / relevant parties’ solicitors; and

(b)

two copies (one of which is to be stamped) of the Decree Nisi / Order of Court (in terms of the draft Decree Nisi / Order of Court signed by all relevant parties / relevant parties’ solicitors.

(10)

The document listed in sub-paragraph (10)(a) above may be a photocopy.

(11)

This Paragraph is only applicable to matrimonial proceedings filed before 15 December 2003.

Part VII – Proceedings under Part VII and VIII of Women’s Charter 23. Alternative dispute resolution (1)

Pursuant to section 26(9) of the Family Justice Act, the court may direct parties to attend mediation for maintenance matters or counseling for family violence matters to encourage and assist parties in reaching a resolution or to narrow the issues in contention.

(2)

Parties must personally attend and be prepared to discuss their cases during the mediation or the counseling session. Parties in maintenance proceedings should bring the documents set out at paragraph 25 to facilitate discussion during the mediation.

(3)

Mediation and counseling will be conducted on a without prejudice basis. All communications made in the course of these sessions will be treated in strict confidence and will not be admissible in any court. As such, the mediation notes will not be made available to the parties.

(4)

If the dispute is not resolved at the session, the matter will be referred back to the Mentions Court before a District Judge who will give the necessary directions to enable the case to proceed to trial.

24. Pre-hearing matters (1)

The applicant and respondent in family violence and maintenance proceedings under Part VII and VIII of the Women’s Charter must inform the District Judge presiding over the Mentions Court of all relevant matters that may affect the hearing of the case including, but not limited to, the following matters: a) b) c)

d) e) f)

Applications for discovery for maintenance cases; Applications for stay of proceedings for maintenance cases; Applications to strike out the whole or parts of affidavits which:(i) had been exchanged between the parties in the proceedings; or (ii) where such affidavits had been used in other proceedings, are being referred to and intended to be used in the proceedings; The number and identity of the witnesses that will be called to give evidence and who had agreed to give evidence for the party concerned; Challenges to expert reports; and, Related proceedings which are pending in any Court including that of the Syariah Court.

(2)

All applications under Part 5, Divisions 3 and 4 of the Family Justice Rules, other than for the main applications in family violence and maintenance proceedings and applications for discovery, shall be in Form 207 of Appendix A to these Practice Directions.

(3)

An application for discovery under rule 102 of the Family Justice Rules shall be in Form 208 in Appendix A to these Practice Directions.

(4)

The applicant and respondent in family violence and maintenance proceedings are to make their own arrangements for the witnesses they intend to call to give evidence at the hearing of their application, including applying for a Summons to a Witness where necessary.

25. Documents and affidavits in respect of maintenance proceedings under Part VIII of Women’s Charter (Cap. 353) (1)

The list of documents to be provided by each of the parties under rule 102 of the Family Justice Rules is as follows: (a)

for fresh applications for a maintenance order under section 69 or for the rescission or variation of a maintenance order under section 72 of the Women’s Charter: (i)

the party’s list of monthly expenses for himself or herself;

(ii)

the party’s list of monthly expenses for the parties’ children;

(iii)

documents and receipts to prove the monthly expenses;

(iv)

documents to prove the parties’ respective debts;

(v)

the party’s payslips and CPF statements for the last 6 months;

(vi)

the party’s evidence of employment (eg. employer’s letter or employment contract);

(vii)

the party’s Notice of Assessment of Income for the past 3 years;

(viii) the party’s updated bank passbooks and / or updated bank statements (including sole and joint accounts); and (ix)

(b)

the party’s bank deposit slips to show payment / non-payment of maintenance.

for applications to enforce a maintenance order under section 71 of the Women’s Charter: (i)

the computation of arrears of maintenance;

(ii)

the parties’ updated bank passbooks and / or updated bank statements (especially for the period when the maintenance was not paid);

(iii)

the respondent’s list of monthly expenses for himself or herself;

(iv)

the respondent’s list of monthly expenses for the parties’ children;

(v)

the respondent’s documents and receipts to prove the monthly expenses;

(vi)

the respondent’s documents to prove their respective debts;

(vii)

the respondent’s payslips and CPF statements for the last 6 months;

(viii) the respondent’s evidence of employment (e.g. employer’s letter or employment contract); and (ix)

the respondent’s Notice of Assessment of Income for the past 3 years.

(2)

Affidavits to be filed under rules 100 and 114 of the Family Justice Rules should contain only facts relevant to the application and shall, as far as possible, be in Form 209 in Appendix A to these Practice Directions. Parties may depart from the standard form to meet their case as necessary.

(3)

The Court may, in its discretion, allow an unsworn statement prepared in accordance with the standard form, to be filed in lieu of an affidavit. Parties may depart from the standard form to meet their case as necessary.

26. Hearing of maintenance proceedings in chambers (1)

Maintenance proceedings may be adjourned to Chambers for the hearing of the application under the following conditions: (a) (b) (c)

Parties are legally represented; Parties consent to the application being hearing in chambers; and Parties had agreed that the matter can be heard without cross-examination of parties concerned.

(2)

Notwithstanding the above, the Court may, if the Court deems it necessary, direct any party or witness to attend the hearing.

(3)

Where both the applicant and respondent are unrepresented or only one is represented, the maintenance proceedings will be conducted as a trial in Court.

Part VIII- Adoption of Children 27. Commencement Documents Filing of commencement documents (1)

Solicitors are requested to file all applications for adoption orders in the Family Justice Courts.

(2)

All applications for adoption orders filed on or after 1 January 2006 shall be made by originating summons in the prescribed format in Form 37 of Appendix A to these Practice Directions.

(3)

The applicants shall file the following documents, together with the originating summons: (a)

the Statement in Form 38 of Appendix A to these Practice Directions, through the Electronic Filing Service by entering the relevant information in the appropriate electronic template (for which purpose the applicants must ensure that the particulars contained in the infant’s birth certificate correspond with those in the Statement, in particular, paragraph 8(c) of the Statement);

(b)

an affidavit in support of the originating summons; and

(c)

the consent in the prescribed form of every person or body who is a parent or guardian of the infant, or who has actual custody of the infant, or is liable to contribute to the support of the infant (which consent is to be filed separately from the affidavit in support of the originating summons).

Contents of the affidavit in support of the originating summons (4)

The affidavit in support of the originating summons must — (a)

contain the following information (where applicable): (i)

an averment by the applicant(s) as to the truth of the contents of the Statement;

(ii)

the grounds in support of the prayer to dispense with the consent and / or service of documents on the natural parent(s) and / or grandparent(s) (if any) of the infant; and

(b)

exhibit the following documents: (i)

a clear copy each of — (A)

the birth certificate or other means of identification of the infant;

(B)

the identity card or other means of identification of the applicant(s);

(C)

the marriage certificate of the applicants;

(D)

the consents of all relevant persons, where applicable; and

(E)

all other documents for proving the averments in the originating summons and Statement;

(ii)

where the applicants are not Singapore citizens — valid documentary proof of their residency status in Singapore (e.g. Employment Pass; Work Permit; Dependant’s Pass; or any other evidence of permanent residency status);

(iii)

where the infant to be adopted is not a Singapore citizen — valid documentary proof of the infant’s residency status in Singapore (e.g. Dependant’s Pass or any other evidence of permanent residency status); and

(iv)

where the infant to be adopted was procured through an adoption agency — (A)

a declaration by the applicants as to the fees and expenses paid to the adoption agency;

(B)

a detailed breakdown of the fees and expenses paid; and

(C)

documentary evidence of the said fees and expenses.

28. Amendment of Originating Summons and Statement (1)

Where the Court makes an order granting the applicants leave to amend the originating summons, and where the amendments relate to the particulars of the applicants and / or infant or any information which also appear in the Statement, the applicants shall within 7 working days amend the Statement by amending the information in the appropriate electronic template. The applicant(s) shall also file an affidavit averring to the truth of the contents of the amended statement. The amended originating summons, Statement and the affidavit in support shall be served on the guardian in adoption.

(2)

Where the Court makes an order granting the applicants leave to amend the Statement, the applicants shall within 7 working days amend the Statement by amending the information in the appropriate electronic template. The applicant(s) shall also file an affidavit averring to the truth of the contents of the amended Statement. The amended Statement and the affidavit in support shall be served on the guardian in adoption.

29. Dispensation of Consent and / or Service (1)

To ensure that adoption hearings are conducted more expeditiously, the applicants shall generally not be required to file separate summonses for orders such as dispensation of service of documents, dispensation of consent of the natural parents or guardian, etc. Such prayers are to be set out in the originating summons and shall be listed for hearing together with Prayer 1 (the prayer to appoint a guardian in adoption) of the said originating summons.

(2)

Paragraph 79 of these Practice Directions shall apply to prayers for substituted service or dispensation of service of documents on a person whose consent is required, save for the case where the person whose consent is required consents to the summons for substituted service or dispensation of service.

(3)

Before the Court dispenses with the consent of a person whose consent is required under section 4 of the Adoption of Children Act (Cap. 4) (hereafter referred to as “the person whose consent is required”), on the basis that the person cannot be found, the applicants shall make recent attempts to locate the person whose consent is required by contacting the person’s relatives, friends and employer(s) (if any), in order to discover the person’s whereabouts. The affidavit in support of the originating summons must also include the matters set out in Paragraph 79(5)(a) to (e) of these Practice Directions.

(4)

Where the natural parent(s) of the infant is / are below 21 years of age, the written consent of his / her parents or guardians (“the natural grandparents”) as adapted from the prescribed format in Form 39 of Appendix A to these Practice Directions is required. Where the applicants are unable to obtain the said consent(s), they shall apply to dispense with the consent of the natural grandparent(s) of the infant, and aver in an affidavit why the natural parents’ / grandparents’ consent(s) ought to be dispensed with and the recent efforts made to obtain the said consent(s).

(5)

Where the particulars of the natural father of the infant are not stated on the infant’s birth certificate, the natural mother of the infant shall file an affidavit stating whether she is aware of the identity of the natural father and if so, to give brief reasons as to why his identity was not disclosed in the infant’s birth certificate. If the natural mother is unaware of the natural father’s identity, she shall aver in her affidavit why this is so.

(6)

It shall not be necessary to apply for the dispensation of consent of the natural parent(s) of the infant and for the dispensation of service of documents on the natural parent(s) if the identity of the natural parent(s) is unknown.

30. Submission of supporting documents (1)

The original birth certificate and the original translation of the birth certificate (if any) of the infant shall be submitted to the Adoption Counter of the Family Registry at least 7 working days prior to the hearing of the prayer for the appointment of the guardian in adoption accompanied with a cover letter in the prescribed format in Form 210 in Appendix A to these Practice Directions.

(2)

The written consent of the guardian in adoption to be appointed as the guardian in adoption shall be filed at least 7 working days prior to the hearing of the prayer for the appointment of the guardian in adoption.

Part IX – Youth Courts 31. Application and Appeals Application (1) The directions in this Part apply to any proceedings or any matter before the Youth Courts which relates to any —

(2)

(a)

pre-trial or plead guilty procedure;

(b)

procedure in respect of bails and bonds under Division 5 of Part VI of the Criminal Procedure Code (Cap. 68);

(c)

procedure under section 370 of the Criminal Procedure Code;

(d)

procedure for the search of premises or persons and the seizure of property (including any procedure under section 35(7) of the Criminal Procedure Code for the release of any property seized, or prohibited from being disposed of or dealt with under section 35(1) of the Code);

(e)

procedure for an inquiry to determine the order or orders to be made in respect of any property produced before the Court for which there are competing claims;

(f)

procedure for the surrender and return of travel documents under sections 112 and 113 of the Criminal Procedure Code;

(g)

procedure for issuing summonses to persons to appear before the Court under section 115 of the Criminal Procedure Code;

(h)

procedure for appeal under Division 1 of Part XX of the Criminal Procedure Code;

(i)

procedure for the taking of evidence under section 21 of the Mutual Assistance in Criminal Matters Act (Cap. 190A); and

(j)

application for the issue of a warrant under section 10(1) or 24(1) of the Extradition Act (Cap. 103).

The directions in this Part must be read in conjunction with the Criminal Procedure Code (Electronic Filing and Service for Criminal Proceedings in the State Courts) Regulations 2013.

Appeals

(2) Skeletal arguments must be filed at least 10 days before the hearing. Hard copies of the bundles of authorities and skeletal arguments shall be tendered to the Youth Courts Registry at the same time as they are filed. Skeletal arguments filed in breach of this timeline will be stamped “Late Submission”. Paragraph 127(1) to (4) apply to skeletal arguments filed for appeals against Youth Court orders.

32. Magistrate's complaints (Private summonses) (1)

Framing of criminal charges Solicitors representing the complainants (save in maintenance cases) are to frame and submit the charges when the complaints are filed. This will facilitate the immediate issuance of the summons if it is so ordered by the Duty Magistrate.

(2)

Infringement of copyright/trademarks Magistrate's complaints involving infringement of copyright/trademarks must be sworn by authorised representatives. A letter of authorization to that effect must be attached to the complaint.

(3)

Service of summons by solicitors' clerks (a)

Solicitors are informed that any summons issued pursuant to Section 153 Criminal Procedure Code 2010 must be served at least 7 days before the return date of the summons if such service is undertaken by the firm’s clerk. This is because the authorization to serve will lapse 7 days before the return date.

(b)

If the summons is already served on the respondent 7 days before the mention date, the attached summons must be returned to the Youth Court Registry immediately after service. Failure to do so will result in the summons not being listed for mention.

(c)

If the summons cannot be served on the respondent 1 week before the mention date, the authorization to serve will lapse. In order to obtain further authorization for the firm's clerk to serve the summons on the respondent or to obtain an extension of the return date, the solicitor must appear before the Duty Magistrate not later than 5 days before the return date. Failure to comply with this may result in the complaint being struck off the list.

33. Application for Court Records for Youth Court matters and non-electronically filed cases (1)

This paragraph shall apply only in respect of Youth Courts proceedings.

(2)

An application for a copy of any part of the record of any proceedings for a case registered via the Integrated Criminal case filing and Management System (“ICMS”) must be made via the ICMS portal under “Request for Court Records”.

(3)

Applications for all other cases (including cases under Part VII and VIII of the Women’s Charter) must be made in Form 211 in Appendix A to these Practice Directions.

(4)

On approval of an application that has been e-filed via the ICMS, the record of proceedings will be available for online downloading via the ICMS portal or collection depending on the delivery mode chosen.

(5)

Upon approval of an application for all other cases, and for ICMS cases where the mode of collection chosen is at the counter, the requisite number of copies of the record of proceedings applied for shall be made available for collection by the applicant for a period of 21 calendar days from the date specified in the notification given to the applicant by the Youth Courts Registry or Family Justice Courts Registry (as the case may be).

(6)

Where the copy of any record of proceedings applied for is not collected by the applicant within the time given by sub-paragraph (5), the copy of the record of proceedings shall be disposed of and the applicant must make a fresh application if he still requires a copy of the relevant record of proceedings.

(7)

The relevant fee prescribed by the Criminal Procedure Code (Prescribed Fees) Regulations 2013, or the Family Justice Rules (as the case may be) must be paid by the applicant at the time he makes the application.

(8)

The applicant shall be allowed to download or collect the copy of the record of proceedings applied for only if the fees payable therefor, including any balance fee payable, have been fully paid by him.

(9)

Any application for the waiver or remission of any fee payable for a copy of any record of proceedings may be made to the Registrar of the Family Justice Courts and the grant of such an application shall be in the absolute discretion of the Registrar.

34. Initiation of prosecution All criminal prosecutions instituted by or on behalf of the Public Prosecutor, a police officer, an officer from a law enforcement agency, or a person acting with the authority of a public body against one or more accused, whether or not represented by an advocate and solicitor must be initiated by electronic filing.

35. Charges (1)

All new and amended charges must be e-filed prior to the scheduled court session.

(2)

The charges must be in Word Document format (.doc or .docx) or in the Portable Document Format (PDF).

(3)

The charge sheet for each distinct offence must be e-filed separately, and the system will assign and stamp a unique number on each charge sheet.

(4)

The investigation officer or prosecutor framing the charge is not required to sign the charge but must key in “ /s/ ” followed by his name above his personal information in the charge sheet.

36. Checklists (1)

For every Mention (FM / FFM); Pre-Trial Conference (PTC); Criminal Case Disclosure Conference (CCDC) and Plead Guilty Mention (FM(PG)), there will be a corresponding Mentions Checklist, PTC/CCDC checklist and PG checklist for the court event in the electronic case file.

(2)

Except for the first appearance in court by defence counsel, defence counsel is required to submit the Mentions or PTC checklist indicating the affirmative position of the accused. The submission may be made at any time prior to the commencement of the scheduled court event.

(3)

Prosecutors are required to submit the Mentions or PTC checklists indicating the prosecution’s affirmative position. The submission may be made at any time prior to the commencement of the scheduled court event.

(4)

The PG checklist need not be re-submitted if the position of the prosecution on the charge(s) has been indicated and remains the same.

(5)

For CCDCs, the checklist is only required to be submitted before the scheduled court event by the party applying for an adjournment.

37. Applications (1)

All applications which have been specifically provided for must be e-filed. These include applications relating to the initiation of any criminal process or criminal matter or which require a direction or court order before the scheduled court session.

(2)

An application which is not e-filed in accordance with the directions contained in this Part shall be rejected.

(3)

The prosecution or defence must notify the party who is unrepresented of its application.

38. Bundles of authorities for Youth Courts proceedings (1)

In all Youth Courts proceedings, counsel shall submit their own bundle of authorities. In this regard, the following shall be complied with: (a) The bundle of authorities to be prepared by each party should:

(2)

(i)

contain all the authorities, cases, statutes, subsidiary legislation and any other materials relied on;

(ii)

be properly bound with plastic ring binding or plastic spine thermal binding in accordance with the requirements set out in Paragraph 90(8)(c);

(iii)

be paginated consecutively at the top right hand corner of each page (for which purpose the pagination should commence on the first page of the first bundle and run sequentially to the last page of the last bundle); and

(iv)

contain an index of the authorities in that bundle and be appropriately flagged for easy reference.

(b)

Only authorities which are relevant or necessary for the trial shall be included in the bundles. No bundle of authorities is necessary in cases where parties are not relying on any authority at the trial. In cases where the Court is of the opinion that costs have been wasted by the inclusion of unnecessary authorities, the Court will have no hesitation in making a special order for costs against the relevant person.

(c)

The bundle of authorities shall be filed and served on all relevant parties at least 3 working days before trial.

Bundles of authorities should not be filed electronically.

39. Documents (1)

Except for the Statement of Facts and Schedule of Offences, all documents must be efiled using the Portable Document Format (PDF).

(2)

The Statement of Facts and the Schedule of Offences may be filed in Word Document Format (.doc or .docx).

(3)

The investigation officer or prosecutor putting up the Statement of Facts must key in “ /s/ ” followed by his name.

(4)

The proper document type must be selected and a clear and appropriate document title must be entered. The document title should not be abbreviated.

(5)

It is not necessary for documents to have a cover page or backing sheet.

(6)

Every page of a document must be paginated consecutively so that the pagination on the actual document corresponds with the pagination of the Portable Document Format (PDF) document in the electronic case file, and the page number must be inserted at the centre top of the page.

(7)

The prosecution or defence must provide hard copies of documents that are electronically filed to the unrepresented litigant.

40. Documents which cannot be converted into electronic format (1)

If a document cannot be converted in whole or in part into an electronic format for any reason, the hard copy of the document must be tendered to the court.

(2)

A document which is not wholly converted into an electronic format without good reason may be rejected as the Court sees fit.

41. Amendment of charges and documents Where a charge or document is required to be amended, a fresh copy of the charge or document must be produced and e-filed, regardless of the number and length of the amendments sought to be made.

42. Noting of appearances of advocates/prosecutors (1)

To facilitate the contacting of advocates having conduct of matters in the Family Justice Courts, advocates appearing in cases must fill in a Form 212of Appendix A each and hand it to the court officer before their cases are mentioned.

(2)

This practice applies to all Youth Court trials and mentions courts.

(3)

The forms will be placed on all bar tables.

43. Limits on size and number of documents submitted using Electronic Filing Service (1)

The following limits shall apply to the filing of documents: (a)

the total number of pages in a single document must not exceed 999;

(b)

the size of a single transmission must not exceed 50 mega-bytes.

(2)

The resolution for scanning, unless otherwise directed by the court, must be no more than 300 DPI.

(3)

In the event that any party wishes to file documents which exceed the limits specified in sub-paragraph (1), he may make multiple submissions.

Part X – International Child Abduction Act 44. Proceedings under the International Child Abduction Act (Cap. 143C) (1)

All documents relating to proceedings under the ICAA which are to be heard and determined by the Family Justice Courts shall be filed at the Family Justice Courts Registry.

(2)

All processes to commence proceedings under the ICAA on or after 1 October 2014 shall be filed at registry of Family Justice Courts and shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

(3)

An originating summons to commence proceedings under section 8 of the ICAA in the Family Justice Courts shall be in Form 213 in Appendix A to these Practice Directions.

(4)

An originating summons to commence proceedings under section 14 of the ICAA in the Family Justice Courts shall be in Form 214 in Appendix A to these Practice Directions.

(5)

The plaintiff’s or applicant’s affidavit in support of the originating summons under both section 8 (Form 215 in Appendix A to these Practice Directions) and section 14 (Form 216 in Appendix A to these Practice Directions) shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

(6)

All subsequent applications and documents in or ancillary to proceedings under the ICAA shall be filed at the sub-registry of the Family Justice Courts and shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

(7)

All applications and supporting documents to vary any order of the Family Justice Courts in proceedings under the ICAA shall be filed at the Family Justice Courts Registry and shall bear the title “In the Family Justice Courts of the Republic of Singapore”.

Service of application on named defendants (8)

(9)

Rule 168 of the Family Justice Rules requires the plaintiff to serve the application, together with each affidavit or other document filed in support of the application, on each person named as a defendant in the proceedings. Service on a named defendant shall be by way of personal service, unless directed otherwise by the Court.

The plaintiff’s supporting affidavit (10)

(11)

The affidavit to be filed by the plaintiff or applicant in support of an application under section 8 of the ICAA shall be in Form 215 in Appendix A to these Practice Directions. The affidavit to be filed by the plaintiff or applicant in support of an application under section 14 of the ICAA shall be in Form 216 in Appendix A to these Practice Directions.

Applications subsequent to the filing of the originating summons in proceedings under the ICAA (12)

All applications subsequent to the filing of the originating summons in any ICAA proceedings shall be made by way of Summons in Form 4 in Appendix A to these Practice Directions.

Form of Order of Court (13)

An order of Court in any ICAA proceedings shall be in Form 32 in Appendix A to these Practice Directions and shall be signed by the Registrar.

Part XI – Mental Capacity Act 45. Proceedings under the Mental Capacity Act (Cap 177A) Any application under the Mental Capacity Act made in relation to any proceedings commenced in the High Court under Part I of the Mental Disorders and Treatment Act (Cap. 178) shall be heard and determined by the Family Division of the High Court.

46. Documents to be filed (1)

The originating summons and supporting affidavits for mental capacity proceedings are to be filed in the Family Justice Courts.

(2)

The Court may reject any document filed if there are errors or if the document does not comply with the Family Justice Rules, the Practice Directions, or any other directions made by the Court.

47. Where permission is not required to make an application (1)

The definition of “P” in rule 175 of the Family Justice Rules shall be applicable in these Practice Directions. “P” means a person who lacks or, so far as consistent with the context, is alleged to lack capacity (within the meaning of the Mental Capacity Act) and to whom any proceedings under the Mental Capacity Act (Cap. 177A) relate.

(2)

If the plaintiff or applicant falls or believes himself to fall within the categories of persons who do not require permission to file an application, this shall be stated in the supporting affidavit. Relevant documents, such as copies of birth certificates or marriage certificates, of the lasting powers of attorney or of the court orders appointing the deputies shall be exhibited to support the averment that no permission is required for an application under the Mental Capacity Act.

48. Where permission is required to make an application (1)

Apart from the categories listed in section 38 of the Mental Capacity Act (Cap. 177A), permission is required for an application to the Court under the Mental Capacity Act.

(2)

Where permission is required, that prayer may be included in the main application itself. There is no requirement for a separate application for permission. The grounds upon which the plaintiff or applicant is relying to obtain such permission must be stated clearly in the supporting affidavit. The Court will decide whether to grant such permission based on the grounds relied upon by the plaintiff or applicant.

49. Service of application on named defendants and relevant persons (1)

Rule 179 of the Family Justice Rules requires the plaintiff to serve the application, together with each affidavit or other document filed in support of the application, on each person named as a defendant in the proceedings and on each relevant person.

(2)

In a situation where there are no named defendants, the application shall still be served on relevant persons.

(3)

Service on a named defendant shall be by way of personal service. Service on relevant persons may be by way of ordinary service pursuant to rule 902 of the Family Justice Rules, unless directed otherwise by the Court.

(1)

Where a relevant person resides overseas and the plaintiff or applicant is able to show that an electronic mail account to which the document will be sent belongs to the relevant person to be served and that it is currently active, the Court may permit service on such a relevant person to be carried out by way of electronic email. The grounds upon which the plaintiff or applicant is relying to obtain such permission must be stated clearly in the supporting affidavit,

(5)

Subject to the timelines specified under rule 179(2) of the Family Justice Rules, one affidavit of service may be filed in respect of service on all the named defendants and relevant persons in any application. The dates, times and manner of service for each of the named defendants and relevant persons have to be stated clearly in the affidavit of service.

50. Relevant persons (1)

"Relevant persons" are persons who have an involvement in P's life and/or who are likely to have an interest in the application. Often, P’s immediate family members, by virtue of their relationship to P, are likely to have an interest in being notified that an application has been made to the Court concerning P.

(2)

‘Relevant persons’ for the purposes of Rule 179 of the Family Justice Rules will therefore often include the following immediate family members: (a)

P’s spouse;

(b)

P’s children (aged 21 and above);

(c)

P’s parents or guardians; and

(d)

P’s brothers or sisters (aged 21 and above).

(3)

However, the presumption that immediate family members are likely to have an interest in an application concerning P may be rebutted where the plaintiff or applicant is aware of circumstances which reasonably indicate that P's immediate family should not be served. For example, where the family member in question has had little or no involvement in P's life and has shown no inclination to do so, that family member need not be served. In some cases, P may be closer to persons who are not immediate family members and if so, it will be appropriate to effect service on them instead of the immediate family members.

(4)

The plaintiff or applicant should serve the application, the supporting affidavits and the Notice to Relevant Person in Form 222 in Appendix A to these Practice Directions on relevant persons.

(5)

Where the plaintiff or applicant decides that a person listed in one of the categories in sub-paragraph (2) ought to be served, and there are other persons in that category (for example, P has three siblings), the plaintiff or applicant should serve on all persons falling within that category unless there is a good reason not to do so. For example, it may be a good reason not to serve on every person in the category if one or more of them has had little or no involvement in P’s life and has shown no inclination to do so.

(6)

Apart from immediate family members, other relevant persons who are likely to have an interest in the application concerning P and who should be served the application,

the supporting affidavits and the Notice to Relevant Person in Form 222 in Appendix A to these Practice Directions include: (a)

any other relatives or friends who have a close relationship with P;

(b)

any person who has a legal duty to support P;

(c)

any person who will benefit from P’s estate; and

(d)

any person who is responsible for P’s care.

If there is no such person to the best of the plaintiff’s or applicant’s knowledge, he is to state this in his supporting affidavit. (7)

The details of all relevant persons who should be served are to be listed clearly in the supporting affidavit of the plaintiff or applicant. Where service would not be effected on relevant persons who should be served, the reason why this is so must be stated in the supporting affidavit.

(8)

In cases where P has had severe intellectual disability since early childhood and where P's parents are P's sole caregivers and where P is now no longer a minor and P's parents need to be authorised to continue to look after P's affairs, P's parents would normally be the only relevant persons for the purposes of the application but the applicants must provide sufficient information to enable the Court to reach the conclusion that there are no other relevant persons.

(9)

Organisations providing residential accommodation to P (a)

If P resides at an organisation providing residential accommodation (regardless of whether it also provides care or treatment to P), the plaintiff or applicant shall serve the application, the supporting affidavits and the Notice to Relevant Person in Form 222 in Appendix A to these Practice Directions on such an organisation as soon as possible and in any event, not more than 2 working days after the application has been filed. For the purposes of the application, the organisation providing residential accommodation to P shall be considered a relevant person. However, the plaintiff or applicant need not obtain the consent of such an organisation to the application.

(b)

If the organisation providing residential accommodation to P wishes to furnish any relevant information for the Court’s consideration and determination of the application in the best interests of P, it shall notify the Court within 8 days after the date on which the organisation is served with the application. If such a notification is submitted, the Court may require and direct for the submission

of a report and/or attendance of the maker of the report at the hearing of the application.

51. Consent of relevant persons (1)

If any relevant person to be served has consented to the application and to dispensation of service, the plaintiff or applicant shall file the consent of the relevant person in Form 221 in Appendix A to these Practice Directions together with the application. The consent given by the relevant person to the application and to dispensation of service must be attested by a solicitor, a Commissioner for Oaths, a notary public or any person for the time being authorised by law in the place where the document is executed to administer oaths.

(2)

The Court may dispense with the service of the application on the relevant person on the application of the plaintiff or applicant. It should be stated clearly in the supporting affidavit that such relevant persons have given their consent to the application and to the dispensation of service.

52. Notification of P (1)

In all cases of notification, the person effecting notification must provide P with the information required under rule 181 of Family Justice Rules in a way that is appropriate to P’s circumstances (for example, using simple language, visual aids or any other appropriate means).

(2)

The certificate of notification filed under rule 181(5) of the Family Justice Rules shall be in Form 223 in Appendix A to these Practice Directions.

(3)

Under the Mental Capacity Act, notification of P shall be the norm rather than the exception. However, in certain appropriate circumstances, the person required to notify P may apply to Court for an order to dispense with the requirement to notify P. Such an application would be appropriate where, for example, P is in a permanent vegetative state or a minimally conscious state, or where notification is likely to cause significant and disproportionate distress to P. The reasons for seeking dispensation of notification shall be stated in the supporting affidavit of the plaintiff or applicant.

53. Responding to an application (1)

If a relevant person served with an application wishes to object to the application or any part of it, he must apply to the Court to be joined as a party to the proceedings within 21 days after the date on which he was served with the application. The application to be joined as a party to the proceedings shall be in Form 4 in Appendix A to these Practice Directions and be supported by an affidavit stating his interest in the application and the grounds of his objection.

(2)

If a relevant person served with an application consents to the application, his written consent must be attested by a solicitor, a Commissioner for Oaths, a notary public or any person for the time being authorised by law in the place where the document is executed to administer oaths and must be in Form 221 in Appendix A to these Practice Directions. The written consent should be filed by the plaintiff or applicant within 21 days after the date on which the relevant person was served with the application.

(3)

Where a person who was not served with any application (whether listed as a relevant person or otherwise in the supporting affidavit of the plaintiff or applicant) wishes to be heard in the proceedings, he must apply to be joined as a party to the proceedings in Form 4 in Appendix A to these Practice Directions.

54. Applications involving the appointment of deputies The prayers (1)

The originating summons to be filed for the appointment of a deputy or deputies shall be in Form 217 in Appendix A to these Practice Directions.

(2)

It must be stated clearly in the originating summons whether the declaration sought in respect of P’s lack of capacity concerns either P’s personal welfare or P’s property and affairs or both.

(3)

The plaintiff or applicant should ensure that the originating summons, the supporting affidavit and the doctor’s affidavit exhibiting the medical report are consistent as to whether P lacks capacity in relation to his personal welfare or his property and affairs or both.

(4)

If there is more than one deputy sought to be appointed, the originating summons must state whether the deputies are to act jointly or jointly and severally.

(5)

The powers sought for the deputies are to be drafted appropriately to suit the purpose of each application.

(6)

Any other specific orders or reliefs that are required on the particular facts of each case are to be included.

The supporting affidavit by the plaintiff or applicant and the deputies (7)

The affidavit to be filed by the plaintiff or applicant and all proposed deputies in support of the application for the appointment of a deputy or deputies shall be in Form 218 in Appendix A to these Practice Directions.

(8)

In the case of applications for direct payment of P’s hospital and/or nursing home charges from P’s funds or P’s insurance and where no deputy is to be appointed, the affidavit to be filed by the plaintiff or applicant in support of the application shall be in Form 219 in Appendix A to these Practice Directions.

(8A)

If there is more than one plaintiff or applicant or proposed deputy, a single affidavit should be made by all the plaintiffs, applicants or proposed deputies. The plaintiffs, applicants or proposed deputies should not file separate supporting affidavits.

(8B)

The following search results must be exhibited in the supporting affidavit: (a)

Office of the Public Guardian search result showing if P has registered a Lasting Power of Attorney;

(b)

Office of the Public Guardian search result showing if there is a past Mental Capacity Act or Mental Disorders And Treatment Act Order in respect of P; and

(c)

Wills Registry search result showing if P has registered a Will.

The doctor’s affidavit exhibiting the medical report (9)

(9A)

In order to assist the Court, the medical report shall — (a)

distinguish clearly between observations or conclusions based on information given to the doctor and those that are based on the doctor’s examination of P;

(b)

contain a clear opinion as to whether P lacks capacity in relation to the matters specified in the application;

(c)

be current and shall not be made more than 6 months before the date of the application;

(d)

contain a clear opinion on P’s prognosis; and

(e)

the affidavit and medical report to be filed by P’s doctor in support of the application for the appointment of a deputy or deputies shall be in Form 224 in Appendix A to these Practice Directions.

The medical report should be based on a recent examination of P by the doctor making the report and it should contain sufficient information to justify the doctor’s opinions and conclusions.

The affidavit by the successor deputy or deputies (10)

If the plaintiff or applicant seeks to apply for the appointment of a successor deputy or deputies, the application must also be accompanied by an affidavit of the proposed successor deputy or deputies in Form 220 in Appendix A to these Practice Directions.

55. Application subsequent to the appointment of deputy (1)

An application to vary an order made in mental capacity proceedings shall be made by way of summons supported by affidavit and served on every party to the proceedings who had initially been served with the originating summons in accordance with Paragraph 49 of these Practice Directions.

(2)

If an application under sub-paragraph (1) is filed more than 6 months from the date of the order, the application must be served personally on every party to the proceedings. If such an application is filed 6 months or less from the date of the order, the service on every party to the proceedings may be by way of ordinary service. Service of an application under sub-paragraph (1) on every relevant person shall be by way of ordinary service, unless directed by the Court. Proof of service on the defendant(s) and the relevant person(s) may be given in a manner provided for by Paragraph 49(4) of these Practice Directions.

(3)

All applications together with the supporting affidavit shall be served on the Public Guardian within 7 days after the date on which the application is filed.

56. Application relating to lasting power of attorney (1)

Any application relating to a lasting power of attorney shall be filed by way of an originating summons and supported by an affidavit.

(2)

If the plaintiff or applicant knows or has reason to believe that the donor lacks capacity, he shall notify the donor in accordance with rule 181 of the Family Justice Rules and Paragraph 52 of these Practice Directions.

57. Application for statutory wills (1)

The application for a statutory will under section 23(1)(i) of the Mental Capacity Act (Cap. 177A) shall be by way of an originating summons.

(2)

The application shall be accompanied by a supporting affidavit which includes the following information and exhibits: (a)

a copy of the draft will;

(b)

a copy of the existing will or codicil (if any);

(c)

any consents to act by proposed executors;

(d)

details of P’s family, preferably in the form of a family tree, including details of the full name and date of birth of each person included in the family tree;

(e)

a schedule showing details of all of P’s assets and properties, with up to date valuations;

(f)

an up to date report of P’s medical condition, life expectancy, likelihood of requiring increased expenses in the foreseeable future, and testamentary capacity; and

(g)

an explanation as to why it is necessary or desirable for the Court to execute the will on behalf of P.

(3)

The Court may direct that any other material or information is to be filed by the plaintiff and if it does, the material or information is to be set out in a supplementary affidavit.

(4)

The application shall also be accompanied by a doctor’s affidavit and medical report; both of which must comply with Paragraph 54(9) of these Practice Directions.

(5)

The plaintiff must name as a defendant — (a)

any beneficiary under an existing will or codicil who is likely to be materially or adversely affected by the application;

(b)

any beneficiary under the proposed will or codicil who is likely to be materially or adversely affected by the application;

(6)

(c)

any prospective beneficiary under P’s intestacy where P has no existing will; and

(d)

any donee under a lasting power of attorney executed by P or any Courtappointed deputy of P.

Once an order is made for a statutory will, the applicant must file a copy of the will for sealing by the Court. The statutory will is considered valid only with the seal of Court.

58. Litigation proceedings

Representative

in

mental

capacity

(1)

Where P is a party to any mental capacity proceedings with a litigation representative, P should be referred to in the proceedings as “P (by A.B., his litigation representative)”.

(2)

The application to be the litigation representative of P shall be in Form 4 in Appendix A to these Practice Directions. The supporting affidavit must satisfy the Court of the matters set out in rule 184(5)(a) of the Family Justice Rules.

(3)

Under rule 184(2) of the Family Justice Rules, the Court may, on its own motion or on the application of any person (including P), permit P to conduct any mental capacity proceedings without a litigation representative. An application made to permit P to conduct mental capacity proceedings without a litigation representative must be supported by a medical report stating that P does not lack capacity to conduct proceedings himself.

(4)

The Court may either on its own motion, or on the application of any person –

(5)

(a)

direct that a person may not act as litigation representative;

(b)

terminate a litigation representative’s appointment, or

(c)

appoint a new litigation representative in place of an existing one.

An application for any of the orders referred to in sub-paragraph (4) must be supported by affidavit. If the order sought is the substitution of a new litigation representative for an existing one, the evidence must satisfy the Court of the matters set out in rule 184(5)(a) of the Rules of Court.

59. Where P ceases to lack capacity or dies (1)

Where P ceases to lack capacity or dies, steps may need to be taken to finalise the court’s involvement in P’s affairs.

Application to end proceedings (2)

(3)

Where P ceases to lack capacity in relation to the matter or matters to which the proceedings relate, an application may be made by any of the following people to the Court to end the proceedings and discharge any orders made in respect of that person: (a)

P;

(b)

his litigation representative; or

(c)

any other person who is a party to the proceedings.

The application should be supported by evidence that P no longer lacks capacity to make decisions in relation to the matter or matters to which the proceedings relate.

Applications where proceedings have concluded (4)

Where P ceases to lack capacity after proceedings have concluded, an application may be made to the Court to discharge any orders made (including an order appointing a deputy or an order in relation to security).

(5)

The affidavit filed in support should exhibit the orders sought to be discharged and contain evidence that P no longer lacks capacity to make decisions in relation to the matter or matters to which the proceedings relate.

Procedure to be followed when P dies (6)

An application for final directions (including discharging an order appointing a deputy or discharging the security) may be made following P’s death. The application should be supported by an affidavit exhibiting a copy of P’s death certificate.

Final report by deputy (7)

The Public Guardian may require a deputy to submit a final report upon P ceasing to lack capacity or P’s death. If security has been ordered by the Court, the Court must be satisfied that the Public Guardian either does not require a final report or is satisfied with the final report provided by the deputy before the said security can be discharged.

60. Applications subsequent to the filing of the originating summons in mental capacity proceedings All applications subsequent to the filing of the originating summons in any mental capacity proceedings shall be made by way of Form 4 in Appendix A to these Practice Directions.

61. Order of Court (1)

An order of Court shall be in Form 32 in Appendix A to these Practice Directions and shall be signed by the Registrar.

(2)

An order of Court shall be drawn up and filed in accordance with rule 678 of the Family Justice Rules within 7 days after the date on which the order was made.

Part XII – Probate Proceedings 62. Applications for grant of probate or letters of administration Filing of originating summons and supporting documents (1)

An application for the grant of probate or letters of administration made under rule 208 of the Family Justice Rules shall be made by originating summons with supporting affidavit. The supporting affidavit shall exhibit a Statement in Form 51 in Appendix A of these Practice Directions, a certified true copy of the will and other supporting papers.

(2)

Prior to filing the originating summons, the applicant must conduct a litigation search in the record of caveats and the record of probate applications and endorse a certificate in Form 52 in Appendix A to these Practice Directions on the originating summons. The search reports shall be annexed to the originating summons.

(3)

For deaths occurring before 1 January 2015, the applicant is required to annex the search reports from the Supreme Court, Family Justice Courts and State Courts. For deaths occurring on or after 1 January 2015, the applicant is required to annex the search reports from the Family Justice Courts. The applicant is required to annex the search reports for the year in which the application for a grant is filed as well as the search reports for the years that the litigation search indicates there were applications or caveats filed with respect to the estate.

(4)

The originating summons and the Statement shall be submitted by entering the relevant information in the appropriate electronic form. The following documents shall be submitted at the same time as the originating summons and Statement –

(5)

(a)

a certified true copy of the death certificate of the deceased or a certified true copy of the Order of Court for presumption of death of the deceased;

(b)

where there is a Will, a certified true copy of the Will. (The certified true copy of the Will shall contain the certification “This is a certified true copy of the original Will of [name of deceased] dated [date].” on a covering page that is to be attached to the copy of the Will.); and

(c)

in the case of a resealing of a grant, a sealed certified true copy of the foreign grant.

Once the originating summons, Statement, certified true copy of the death certificate and certified true copy of the Will/foreign grant are filed, an electronic filing checklist

will be generated and a provisional reference number will be issued. The following supporting documents (whichever may be relevant) must then be filed using the electronic filing checklist: (a) in the case of Muslim estates, a certified true copy of the inheritance certificate; (b)

in relation to deaths occurring on or after 15 February 2008, a Schedule of Assets listing the property comprising the estate of the deceased in accordance with Paragraph 67 of these Practice Directions (if available); and

(c)

any other documents in support of the originating summons required under the Probate and Administration Act (Cap. 251), the Family Justice Rules or by the Court. (The administration oath under section 28 of the Probate and Administration Act may, however, be filed at the same time as the supporting affidavit under rule 208 of the Family Justice Rules as required by Paragraph 63.)

(6)

The electronic filing checklist will indicate the status of the documents filed. It will be the means by which the Court indicates whether any further or corrective action is required on the part of the applicant. The provisional reference number allows for the easy referencing and monitoring of the electronic filing checklist during the initial phase of filing.

(7)

The original Will, original foreign grant or sealed certified true copy of the foreign grant(if any,) must be submitted to the Probate Counter by 4.30 p.m. of the next working day after the filing of the originating summons for verification. Where the original Will has been retained in the custody of a foreign court, a certified true copy of the Will by that foreign court must be filed and submitted for verification in place of the original.

(8)

The Probate Counter will return the original Will, original foreign grant or sealed certified true copy of the foreign grant to the applicant after verifying that the certified true copy of the document in the court file is an exact copy of the original document submitted.

(9)

When the Court is satisfied that the originating summons, Statement and the supporting documents have been properly filed and verified, a probate number will be issued in place of the provisional reference number. This probate number will be tied to the same electronic filing checklist.

Rejection of documents

(10)

The Court may reject any document through the electronic filing checklist or through any other means if there are errors or if the document does not comply with the Family Justice Rules, the Practice Directions, or any other directions made by the Court.

63. Filing of supporting affidavit (1)

Rule 208(2) of the Family Justice Rules provides that the Statement, which is filed together with an originating summons for the grant of probate or letters of administration, must be verified by an affidavit of the applicant. The supporting affidavit under rule 208 of the Family Justice Rules (hereafter referred to as the “supporting affidavit”) shall be in the prescribed format in Form 225 in Appendix A of these Practice Directions.

(2)

The following documents must be exhibited to the supporting affidavit: (a)

the Statement bearing the court seal, which shall be the first exhibit;

(b)

the Schedule of Assets referred to in Paragraph 62(5)(b) above (if available) which shall be the second exhibit; and

(c)

other supporting documents referred to Paragraph 62(4) and (5).

(3)

Administration oaths, affidavits, consents of co-administrators and renunciations which have been filed are not required to be exhibited to the supporting affidavit.

(4)

The supporting affidavit shall be filed using the electronic filing checklist within 14 days after the filing of the originating summons.

64. Amendment of originating summons or statement (1)

Where a party seeks to rectify any error in the originating summons, an application may be made by way of a summons to amend the originating summons. The draft amended originating summons in PDF format shall be annexed to the summons.

(2)

Prior to the order for the grant, where a party seeks to rectify, without leave of court, any error in the Statement, and corresponding amendments are not required to be made to the originating summons, he may do so by amending the information in the electronic form of the Statement. An affidavit stating the reasons for the amendment shall be filed with the amended Statement.

(3)

Where it is necessary to amend the information in the Statement after an order is made for the grant, an application must be made by way of summons. The draft amended Statement in PDF format shall be annexed to the summons.

(4)

Where an order has been made for the grant of letters of administration and a party seeks to substitute the name of an administrator or add in further administrators, an application must be made by way of a summons for — (a)

the order to be set aside and for a re-grant where a grant has not been issued, or

(b)

the grant to be revoked and for a re-grant where a grant has been issued.

(5)

The draft amended originating summons and the draft amended Statement in PDF format must be annexed to the summons.

(6)

When preparing a draft amended originating summons or draft amended Statement in PDF format, the changes to be made to the latest version of the document filed in Court should be indicated by — (a)

drawing a single line across the words to be deleted; and

(b)

underlining the words to be inserted.

(7)

An application by way of summons for the amendment of an originating summons or a Statement must be supported by an affidavit stating the reasons for the amendment.

(8)

Where an order-in-terms is made of the application for leave to amend or for setting aside or revocation, the party shall, within 14 days of the order or such time as may be permitted in the order, file the amended originating summons and the amended Statement by entering the date of the order and the relevant amendments in the appropriate electronic forms. A fresh supporting affidavit under rule 208 of the Family

Justice Rules verifying the amended Statement must be filed by the applicant within 14 days of the order or within the time directed by the Court. (9)

The new grant shall not be extracted until after the amended originating summons, amended Statement and supporting affidavit have been filed.

65. Affidavits of Foreign Law (1)

Where evidence of the law of a country outside Singapore is required on any application for a grant, the affidavit of any person who practises, or has practised, as a barrister or advocate in that country and who is conversant with its law is to be filed using the electronic filing checklist at the time the checklist is generated.

(2)

For an application for a grant of probate, the person making the affidavit of foreign law should state – (a) who is entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled or who is entitled to administer the estate by the law of the place where the deceased died domiciled; and (b)

whether the will was properly executed in accordance with section 5 of the Wills Act (Cap. 352).

(3)

For an application for a grant of letters of administration, the person making the affidavit of foreign law should state – (a) who is entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled or who is entitled to administer the estate by the law of the place where the deceased died domiciled; (b) who are the beneficiaries of the estate in accordance with the law of the place where the deceased died domiciled; and (c) the shares of the minor beneficiaries (if any) in accordance with the law of the place where the deceased died domiciled.

(4)

For an application for a grant of letters of administration with will annexed, the person making the affidavit of foreign law should state the information required in subparagraphs (2) and (3).

66. Filing of schedules of property for non-dutiable estates where death occurred before 15 February 2008 (1)

(2)

In addition to the procedures and Forms SC1 to SC8 issued by the Commissioner of Estate Duties [which are available on the Inland Revenue Authority of Singapore website (http://www.iras.gov.sg)], the following Directions shall apply in cases where the death occurred before 15 February 2008 and no estate duty is payable: (a)

the executor or administrator must first determine, based on the relevant checklist (Form SC2 or SC3), that estate duty is not payable on the estate;

(b)

upon confirmation that estate duty is not payable, the executor or administrator shall then file a statutory declaration (Form SC1) together with the checklist (Form SC2 or SC3);

(c)

the schedule of property must also be sworn or affirmed before a Commissioner for Oaths and filed together with the statutory declaration (Form SC1) and checklist (Form SC2 or SC3). In cases where the deceased died domiciled in Singapore, Form SC4 shall be used. In cases where the deceased died domiciled outside Singapore, Form SC5 shall be used;

(d)

if a supplementary schedule of property needs to be subsequently filed for additional property or value omitted in the original submission, this shall be in Form SC6 or SC7 (for deceased domiciled in and outside Singapore respectively) and sworn or affirmed before a Commissioner for Oaths, provided that the total value of the estate remains non-dutiable; and

(e)

if there are any amendments to the schedule of property or supplementary schedule of property, this shall be filed in Form SC8.

All the above Forms SC1 to SC8 must be printed or typed. No supporting documents are to be attached to the above Forms.

67. Filing of schedule of assets for estates where death occurs on or after 15 February 2008 (1)

In relation to deaths occurring on or after 15 February 2008, a Schedule of Assets listing the property comprising the estate of the deceased must be filed by entering the relevant information into the electronic form.

(2)

A specimen Schedule of Assets can be found in Form 226 in Appendix A of these Practice Directions.

(3)

If the Schedule of Assets is filed at the time of the filing of the originating summons or at the time of the filing of the supporting affidavit under rule 208 of the Family Justice Rules (hereafter referred to as the “supporting affidavit”), the Schedule of Assets may be included as an exhibit to the supporting affidavit. If so included, the supporting affidavit shall include the following averment: “The contents of the Schedule of Assets exhibited herein as (insert exhibit number) are true and accurate in every particular to the best of my knowledge and belief. The deponent does not know or have any reason to believe that any of the contents of the Schedule of Assets is false.”

(4)

If an applicant is unable to file the Schedule of Assets at the time of the filing of the originating summons or at the time of the filing of supporting affidavit, the applicant may subsequently file the Schedule of Assets and an affidavit containing the averment referred to in sub-paragraph (3) above. The affidavit should be filed under the document title “Schedule of Assets – Supplementary Affidavit”.

(5)

Prior to the issuance of a grant, an applicant may file an amended Schedule and a supplementary affidavit exhibiting the amended Schedule of Assets. The supplementary affidavit shall provide reasons to explain why an amendment is necessary, and shall also include the averment referred to in sub-paragraph (3) above.

(6)

Where the amendments to the Schedule of Assets are sought after the issuance of a grant, the applicant must obtain leave of Court to amend the Schedule of Assets. The application for leave to amend shall be made by way of summons. The draft amended Schedule of Assets in PDF format shall be annexed to the summons. The changes to be made to the latest version of the Schedule of Assets filed in Court should be indicated by — (a)

drawing a single line across the words to be deleted; and

(b)

underlining the words to be inserted.

68. Security for grants of letters of administration (1)

(2)

A grantee of letters of administration, whether with or without a Will annexed, from a Family Court shall give security for the due administration of the estate by way of an administration bond and 2 sureties in the following circumstances: (a)

where the estate and effects in respect of which the grant is applied for, exclusive of what the deceased was possessed of or entitled to as a trustee and not beneficially, but without deducting anything on account of the debts due or owing from the deceased, exceed the value of $5 million;

(b)

where there is a minority interest in the estate;

(c)

where there is a life interest in the estate;

(d)

where there are beneficiaries who lack capacity within the meaning of the Mental Capacity Act (Cap. 177A);

(e)

where the grantee is a creditor; and

(f)

in such other cases as the Registrar thinks fit.

Sureties must not use protected property under section 51 of the Housing and Development Act (Cap. 129) for the purpose of justification.

69. Applications for dispensation of sureties for grants of letters of administration (1)

An application for the dispensation of sureties pursuant to section 29(3) of the Probate and Administration Act (Cap. 251) shall be made by way of a summons supported by an affidavit deposed to by all the administrators and co-administrators (if any) stating the following: (a)

the date of the death of the deceased;

(b)

the efforts made to find sureties and/or why sureties cannot be found;

(c)

where death occurred before 15 February 2008, that estate duty has been paid, is not payable, has been postponed or has otherwise been cleared;

(d)

who the beneficiaries are, their shares to the estate, ages, and whether the adult beneficiaries consent to the dispensation;

(e)

whether there are beneficiaries who are minors or beneficiaries who lack capacity within the meaning of the Mental Capacity Act (Cap. 177A), the names of such beneficiaries, the relationship of the administrators and coadministrators (if any) to such beneficiaries and the steps that will be taken to protect the interests of such beneficiaries;

(f)

whether the estate has any creditors for debts not secured by mortgage, the amount of the debt owed to them, and whether these creditors consent to the dispensation; and

(g)

any other information which may be relevant to the application.

(2)

In cases where estate duty is payable on the estate, a letter or certificate from the Commissioner of Estate Duties confirming the fact stated in sub-paragraph (1)(c) must be exhibited in the supporting affidavit.

(3)

In cases where death occurred before 15 February 2008 and no estate duty is payable on the estate, the administrator(s) must state in the affidavit that no estate duty is payable and that the Schedule of Property Forms have been forwarded to the Court.

(4)

The consents in writing of all adult beneficiaries to the dispensation of sureties, duly signed in the presence of a solicitor or any person before whom an affidavit can be sworn or affirmed, shall be filed with the application for dispensation of sureties.

70. Caveat and probate application searches to be conducted when requesting to extract grant (1)

Prior to filing a request to extract a grant, the applicant or his solicitors must conduct a litigation search in the record of caveats and the record of probate applications to ascertain if there are any caveats in force or pending probate applications in respect of the estate of the deceased.

(2)

The search reports shall be annexed to the request to extract a grant.

(3)

For deaths occurring before 1 January 2015, the applicant is required to annex the search reports from the Supreme Court, Family Justice Courts and State Courts. For deaths occurring on or after 1 January 2015, the applicant is required to annex the search reports from the Family Justice Courts. The applicant is required to annex the search reports for the year in which the request to extract a grant is filed as well as the search reports for the years that the litigation search indicates there were applications or caveats filed with respect to the estate.

(4)

The request to extract a grant shall contain the certificate in accordance with rule 237(3) of the Family Justice Rules.

71. Amended grants and re-grants (1)

For a petition for the grant of probate or letters of administration filed before 15 December 2003, where an order has been made for — (a)

the amendment of a grant; or

(b)

a grant to be revoked and re-granted,

the grantee shall file 2 copies of a fresh grant for signing and sealing at the Registry. (2)

The fresh grant shall be printed on good quality beige coloured paper (100 gsm). The grantee shall indicate on the fresh grant “Grant (Amendment No. 1)” or “Grant (Regrant No. 1)” or as appropriate.

(3)

The practice of releasing the original grant in the court file for the grantee to make amendments thereon shall be discontinued.

(4)

In all cases where an order is made for a grant to be revoked and re-granted, the grantee shall bring into and leave at the Registry the original grant.

Part XIII- General Procedure 72. Originating Summonses (1)

This paragraph applies to originating summonses filed on or after 1 January 2006.

Forms for originating summonses (2)

Solicitors’ attention is drawn to rule 327 of the Family Justice Rules which provides that no appearance need be entered to an originating summons.

(3)

Where any legislation requires a party to file an originating summons and the form is not provided within the legislation, the originating summons must be filed using either Form 47 (Originating Summons) or Form 48 (Ex Parte Originating Summons) of Appendix A of these Practice Directions.

(4)

The parties in Form 47 of Appendix A of these Practice Directions shall be stated as “plaintiff” and “defendant”, or “appellant” and “respondent” as the case may be.

(5)

The party in Form 48 of Appendix A of these Practice Directions shall be stated as “applicant”.

Originating summons to be heard in open Court (6) Rule 506 of the Family Justice Rules provides that all originating summonses shall be heard in Chambers, subject to any provisions in the Family Justice Rules, written law, directions by the Court, or practice directions issued by the Registrar. (7)

In addition to any provisions in the Family Justice Rules or other written law, and subject to any further directions made by the Court, the Registrar hereby directs that the following applications made by originating summonses shall be heard in open Court: (a) applications by the Public Trustee or any person interested in a property to appoint a receiver of property pending the grant of probate or letters of administration under section 39 of the Probate and Administration Act (Cap. 251).

73. Endorsements on originating processes and other documents (1)

Where it is necessary to include endorsements on any document, the directions in this paragraph shall apply.

(2)

Endorsements are normally made on originating processes and other documents to show the renewal of, amendments to, and authorisation for service of, the document in question. Such endorsements on originating processes and other documents do not require the Registrar's signature. This is because such endorsements are pursuant to either an order of Court or the Family Justice Rules. The Registrar should therefore not be asked to sign such endorsements.

(3)

For documents that are filed through the Electronic Filing Service as electronic forms composed online, the following requirements apply:

(c)

(a)

Solicitors should select the appropriate endorsement and check the accuracy of the electronic form in the preview stage before filing the originating process or other document. The acceptance by the Registry of electronic forms composed online does not affect the regularity of any endorsements on the document.

(b)

Where endorsements can be made prior to the filing or issuance of a document, those endorsements shall be incorporated into the document before the document is filed or issued.

Where endorsements must be made on a document which has already been filed or issued, a fresh copy of the document containing the relevant endorsements shall be prepared, and the document must be re-filed or re-issued, as the case may be. An example of this would be renewals of writs of summons.

74. Forms of documents to be filed for proceedings under Chapter 4A of Part X of the Women’s Charter (Cap. 353) (1)

An originating summons for leave under section 121D of the Women’s Charter and rule 40 of the Family Justice Rules to file an application for financial relief under section 121B of the Women’s Charter shall be in Form 227 in Appendix A to these Practice Directions.

(2)

The plaintiff’s affidavit in support of the originating summons for leave under section 121D of the Women’s Charter and rule 40 of the Family Justice Rules to file an application for financial relief under section 121B of the Women’s Charter shall be in Form 228 in Appendix A to these Practice Directions.

(3)

The plaintiff’s affidavit in support of the originating summons for financial relief under section 121B of the Women’s Charter shall be in Form 229 in Appendix A to these Practice Directions.

75. Distribution of applications All applications in chambers (including summonses and originating summonses) shall be filed without specifying whether the application is to be heard before a Judge in person or the Registrar.

76. Summonses (1)

All interlocutory applications must be made by way of summons.

(2)

Ordinary summonses shall be endorsed “ex parte” or “by consent” where applicable and when endorsed “ex parte” must bear a certificate to that effect signed by the solicitors for the applicant.

(3)

After the filing of any “ex parte” or “by consent” summons, the application will be examined by the Judge or Registrar as the case may be. If he is satisfied that the application is in order and all other requirements have been complied with, he may make the order(s) applied for on the day fixed for the hearing of the application without the attendance of the applicant or his solicitor.

(4)

Summonses that are filed using the Electronic Filing Service will be routed to the inbox of the applicant solicitor’s Electronic Filing Service account. Where the summons is filed through the service bureau, it may be collected at the service bureau.

(5)

Enquiries by telephone will not be entertained.

(6)

Where a summons is filed in a matter for which a trial date has been fixed, the summons must be filed using the Electronic Filing Service with a special request informing the Registry of Family Justice Courts of the trial date(s).

77. Supporting Affidavits for Specific Applications Originating Summons for leave to file Writ under section 94 of the Women’s Charter (1)

The affidavit supporting an application for leave under section 94 Women’s Charter must include the following information: (a) The date and place of registration of marriage, exhibiting a copy of the marriage certificate; (b) The age of the child (ren), if any, exhibiting a copy of the birth certificate(s); (c) The grounds upon which the applicant is seeking leave, i.e. exceptional hardship suffered by the applicant or exceptional depravity by the respondent; (d) Particulars of exceptional hardship or exceptional depravity including, (i) If violence is alleged, to exhibit the police reports, medical reports, Personal Protection Orders, Domestic Exclusion Orders, and status of ongoing related family proceedings (if any); and (e) Possibility of reconciliation between parties, including any attempts at reconciliation after each incident, and the period of each reconciliation attempt.

Summons for leave to file additional Ancillary Matters Affidavits (2) An application for leave of court to file an additional affidavit in the ancillary matters shall be made by way of summons filed in the divorce suit, and supported with an affidavit demonstrating why a reply to the last round of affidavits is relevant and necessary to the resolution of the ancillary matters. (3)

The summons shall set out: (a) (b)

The title and date of the affidavit to which the applicant wishes to respond; and The specific paragraphs of that affidavit which the applicant wishes to respond to.

(4)

The supporting affidavit must exhibit a draft of the proposed additional affidavit.

(5)

The supporting affidavit shall include the following information: (a) the new matters raised in the specific paragraphs which the applicant wishes to respond to; (b) whether the applicant had an earlier opportunity to address the court on these new matters raised; and (c) the reasons why the applicant’s response would be relevant and material for the just disposition of the case.

Summons to vary child-related orders (6) An application to vary child-related orders shall be made by way of summons filed in the suit in which the original order was made.

(7)

In an application to vary the existing court order(s) on custody, care and control and/or access, the applicant must demonstrate by way of affidavit why it would be in the best interests and welfare of the child for the orders to be varied.

(8)

The affidavit in support of the summons shall include the following (where relevant): (a) the names, current ages and dates of birth of each child; (b) the existing orders relating to custody, care and control and access; (c) a table of past variations of custody, care and control and/or access (if any); (d) the applicant’s proposed care plan for the child, including the proposed shelter and education-related arrangements; (e) if the applicant intends to move overseas with the child after the order is varied, to state the proposed care plan and the proposed access arrangements for the parent left behind; (f) if the applicant is an un-discharged bankrupt, an explanation how that party intends to financially provide for the child; and (g) the applicant’s explanation why the proposed variation, instead of the status quo, would be in the best interests and welfare of the child.

(9)

The applicant must file an affidavit that includes the matters set out in sub-paragraphs (7) and (8) above, even if the other party consents to the variation.

Summons to vary maintenance orders made under Part X of Women’s Charter (10) Any application for variation of maintenance shall be by way of summons filed in the original suit under which the order was made. (11)

(12)

The summons shall set out : (a)

the date of the Order of Court sought to be varied, including the specific Paragraph(s) in the said Order of Court;

(b)

the original quantum of maintenance and the quantum of maintenance now sought to be ordered (e.g. “the Plaintiff seeks a decrease in the monthly maintenance sum from $600 to $500”.)

The affidavit in support of the summons shall include the following : (a) The grounds on why a variation of maintenance is sought, including supporting documentary evidence (e.g. if a variation of maintenance is sought because of the termination of the applicant’s employment, the letter of termination should be exhibited in the affidavit); (b)

List of Expenses of the applicant and the child(ren) (where applicable), including supporting documentary evidence;

(c)

A copy of the Order of Court to be varied;

(d)

Copies of the applicant’s IRAS Notices of Assessment for the three years immediately preceding the filing of the application for variation of maintenance;

(e)

Copies of the applicant’s pay slips for the six months immediately preceding the filing of the application for variation of maintenance; and

(f)

Copies of the applicant’s bank statements for the three months immediately preceding the filing of the application for variation of maintenance.

78. Personal service of processes and documents (1)

The attention of solicitors is drawn to rule 898(1) of the Family Justice Rules which provides: “Personal service must be effected by a process server of the Court or by a solicitor or a solicitor's clerk whose name and particulars have been notified in the relevant Form to the Registrar for this purpose.” [emphasis added]

(2)

Solicitors are therefore required to notify the Registry of the particulars, and any change thereof, of such clerks who have been authorised by them to serve processes and documents by filing Form 230 in Appendix A. Notifications under the previous Subordinate Courts Practice Directions (in force immediately before 7 March 2014) and State Courts Practice Directions on or after 7 March 2014 but before 1 October 2014 will be treated as being notifications to the Registrar of the Family Justice Courts. Solicitors’ clerks do not require the authorisation of the Registrar to effect personal service of processes and documents.

(3)

In view of the alternative modes providing for personal service to be effected by a solicitor or a solicitor's clerk, Court process servers will not be assigned to effect personal service of processes and documents unless there are special reasons.

(4)

If it is felt that there are special reasons requiring personal service by a Court process server, a Request for such service should be filed through the Electronic Filing Service, setting out the special reasons. The approval of the Duty Registrar should then be obtained for such service. Once approval has been obtained, the documents for service should be presented at the counter designated for this purpose. A process server will then be assigned to effect service and an appointment for service convenient to both the litigant and the assigned process server will be given.

(5)

On the appointed date, the person accompanying the process server should call at the Registry. The amount required for the transport charges of the process server (a record of which will be kept) should be tendered, or, alternatively, the process server in question should be informed that transport for him will be provided. The Registry will then instruct the process server to effect service.

(6)

Under no circumstances should any payment be made directly to the process server.

79. Substituted and Dispensation of Service (1)

In any application for substituted service, the applicant should persuade the Court that the proposed mode of substituted service will bring the document in question to the notice of the person to be served.

Application for substituted service by way of posting on the front door at the defendant’s last known address in Singapore (“the address”) (2)

The applicant should, where appropriate, consider other modes of substituted service, such as AR registered post or electronic means (including electronic mail or Internet transmission) in addition to or in substitution of substituted service by posting on doors or gates of residential and business premises.

(3)

Two reasonable attempts at personal service should be made before an application for an order for substituted service is filed. In an application for substituted service, the applicant shall file a supporting affidavit stating the dates, times and outcomes of the said attempts and why he or she believes that such attempts made were reasonable.

(4)

If there is no response for both attempts at personal service (i.e. the door was locked and no one came to the door during both attempts), the plaintiff needs to state in the affidavit —

(5)

(a)

the evidence that the defendant is currently residing at the address (for example, relevant search results from the Inland Revenue Authority of Singapore, the Singapore Land Authority, the Housing & Development Board or the Accounting and Corporate Regulatory Authority); and

(b)

the grounds for the plaintiff’s belief that the defendant is currently residing at the address, for example, that the plaintiff is also residing at the same address, and sees the defendant every day.

If the plaintiff is not able to state both of the matters set out in sub-paragraph (4)(a) and (b) above in the affidavit, he or she should make attempts to locate the defendant by contacting the defendant’s relatives, friends, and employer(s) (if any), in order to discover the address at which the defendant is currently residing. The affidavit should then include the following matters: (a)

details of the plaintiff’s last contact with the defendant, including the date, the mode of contact (i.e. over the telephone, a letter, or a meeting), and the contents of any communications made, whether written or oral;

(b)

details of the plaintiff’s knowledge of the defendant’s relatives and friends, and those person(s)’ knowledge of his / her whereabouts (“the defendant’s

contacts”), including their names, addresses and their relationship to the defendant and whether they live in Singapore or overseas; (c)

details of the plaintiff’s attempts to contact the defendant’s contacts, including the number of such attempts made, the dates and mode of the said attempts (i.e. whether by telephone, letter, or meeting), and the contents of any communications made, whether written or oral;

(d)

the name and address of the defendant’s last known employer (if any), and the result of enquiries the plaintiff has made of that employer as to the defendant’s whereabouts, including the date of such enquiries, the mode of the said enquiries (i.e. whether by telephone, letter, or meeting), and the contents of any communications made, whether written or oral;

(e)

details of the defendant’s nationality.

(6)

If the local address at which the defendant is currently residing (not being the matrimonial home) is discovered by the plaintiff pursuant to paragraph (5) above, personal service on the defendant should be attempted at that address in accordance with paragraph (3). Details of the dates, times and outcomes of the personal service are required in the affidavit.

(7)

If the response to the attempt at personal service is that the process server is told that the defendant “is overseas”, evidence is required in the affidavit as to what date the defendant will be back in the country.

(8)

If it appears from the response to the attempt at personal service that the defendant is permanently overseas, evidence is required in the affidavit as to how the documents will come to the defendant’s attention by being posted on the front door.

(9)

If the response to the attempt at personal service is that the defendant has “moved away”, and the plaintiff is alleging that the defendant is evading service, evidence is required in the affidavit to support the plaintiff’s belief that the defendant is evading service.

Application for substituted service by way of prepaid AR registered post / ordinary post (10)

An application for substituted service need not be made where an originating process is sent by prepaid AR registered post to the defendant, and the defendant returns the acknowledgement of service, signed by him, in accordance with rule 48(5) and rule 49(3) of the Family Justice Rules. In such a situation, the originating process would be deemed to be duly served on the defendant by registered post.

(11)

(12)

On an application for substituted service by way of prepaid AR registered post / ordinary post, the plaintiff must state the following matters in the affidavit— (a)

the grounds for the plaintiff’s belief that the defendant is currently resident at the particular address in respect of which the plaintiff is applying for substituted service by way of prepaid AR registered post / ordinary post;

(b)

if the application for substituted service by way of prepaid AR registered post / ordinary post is to an overseas address, that the defendant is not ordinarily resident in Singapore;

For the avoidance of doubt, substituted service by prepaid AR registered post is deemed to be effective when the postal service has delivered the document, or attempted to deliver the document (in cases where no one is present or willing to accept the document).

Application for substituted service by way of email (13)

If substituted service is by electronic mail, it has to be shown that the electronic mail account to which the document will be sent belongs to the person to be served and that it is currently active.

Application for substituted service by way of advertisement (14)

Before an application for substituted service by way of advertisement can be granted, the plaintiff should make attempts to locate the defendant by contacting the defendant’s relatives, friends, and employer(s) (if any), in order to discover the address at which the defendant is currently residing.

(15)

The affidavit must include the following:

(16)

(a)

the matters set out in sub-paragraph (5)(a) to (e) above;

(b)

details of the defendant’s literacy, and in what language;

(c)

if the advertisement is to be placed in an overseas newspaper, the grounds for the plaintiff’s belief as to why the defendant is thought to be in that particular country.

An application for substituted service by advertisement (in one issue of the Straits Times if the person to be served is literate in English, or one issue of the Straits Times and one issue of one of the main non-English language newspapers where his language literacy is unknown) should only be considered as a last resort and should

contain evidence that the person to be served is literate in the language of the newspaper in which the advertisement will be placed. Application for dispensation of service (17)

Before an application for dispensation of service can be granted, the plaintiff should make attempts to locate the defendant by contacting the defendant’s relatives, friends, and employer(s) (if any), in order to discover the address at which the defendant is currently residing.

(18)

The affidavit must include the following:

(19)

(a)

the matters set out in sub-paragraph (5)(a) to (e) above;

(b)

an explanation as to why advertisement would not be effective in bringing the divorce proceedings to the defendant’s notice (for example, that it is not known which country the defendant is currently residing in).

For the avoidance of doubt, posting on the Notice Board of the Registry of the Family Justice Courts is not available as a proposed mode of substituted service.

80. Discovery, inspection and interrogatories in respect of ancillary relief or financial relief under Women's Charter (1)

(2)

Inspection of documents (a)

The notice to be served on a party requiring him to produce any document or documents for inspection under rule 65(1) of the Family Justice Rules shall be in Form 231 in Appendix A to these Practice Directions.

(b)

The notice to be served by a party (on whom a notice under rule 65(1) of the Family Justice Rules has been served) under rule 65(2) of the Women’s Charter (Matrimonial Proceedings) Rules shall be in Form 232 in Appendix A to these Practice Directions.

Request or application for discovery and interrogatories (a)

In any application for discovery, inspection and interrogatories in respect of ancillary relief, the particular rule, paragraph and sub-paragraph (where applicable) of the Family Justice Rules under which the application is being taken out shall be stated in the application.

(b)

A request for discovery under rule 63(4) of the Family Justice Rules shall be in Form 233 in Appendix A to these Practice Directions, and a notice under rule 63(5) of the Family Justice Rules in response to the request for discovery shall be in Form 234 in Appendix A to these Practice Directions.

(c)

An application for discovery under rule 63(1) to (3) of the Family Justice Rules shall be in Form 237 in Appendix A to these Practice Directions.

(d)

A request for interrogatories under rule 69(1) of the Family Justice Rules shall be in Form 235 in Appendix A to these Practice Directions, and a notice under rule 69(3) of the Family Justice Rules in response to the request for interrogatories shall be in Form 236 in Appendix A to these Practice Directions.

(e)

An application for interrogatories under rule 69(5) to (6) of the Family Justice Rules shall be in Form 238 in Appendix A.

(f)

If more than 5 items are listed in the request (under rule 63(4) or 69(1) of the Family Justice Rules) or application (under rule 63(1) to (3) or rule 69(5) to (6)

of the Family Justice Rules) for discovery or interrogatories, the request or application, as the case may be, shall comply with the following requirements:

(g)

(i)

The various items under the request or application shall be organised by theme or type (for example, all items relating to bank accounts to be grouped together, all requests relating to companies to be grouped together, all items relating to a particular property to be grouped together). Each group of items under a particular theme or type shall be preceded by a heading.

(ii)

If there are more than 5 sub-items within each item (for example, if bank statements in relation to more than 5 accounts with the same bank are requested), the sub-items shall be organised in either chronological, numerical, or alphabetical order, or alternatively, by themes (for example, all the sub-items relating to housing loan accounts to be listed together, all the sub-items relating to fixed deposits to be listed together).

(iii)

The time-frame requested for each discovery item shall be stated (where relevant) (for example, if bank statements for a certain bank account are requested, to state which year(s) and / or month(s) the statements are requested for).

(iv)

The relevant paragraphs and pages in the affidavit(s) relating to the item shall be stated for each item and sub-item, where applicable.

(v)

If discovery of bank, trading or investment account statements are being requested, then the relevant account numbers (if known) shall be set out.

A request (under rule 63(4) of the Family Justice Rules) or application (under rule 63(1) to (3) of the Family Justice Rules) for discovery and a request (under rule 69(1) of the Family Justice Rules) or application (under rule 69(5) to (6) of the Family Justice Rules) for interrogatories have to be filed through the separate prescribed templates in the Electronic Filing Service.

81. Applications for electronic discovery (1)

This Part provides an opt-in framework for requests and applications for the giving of discovery and inspection of electronically stored documents, and the supply of electronic copies of such documents. A party that seeks to rely on this Part must cite the relevant paragraph(s) in any request or application made hereunder.

Location of electronically stored documents (2)

Electronically stored documents may reside in storage management systems, folders or directories in storage locations, electronic media or recording devices, including folders or directories where temporarily deleted files are located (for example, the Recycle Bin folder or Trash folder). Electronically stored documents or parts thereof may also reside in the unallocated file space or file slack on an electronic medium or recording device as deleted files or file fragments which may be recovered through the use of computer forensic tools or techniques.

Definition of metadata information (3)

Metadata information refers to the non-visible and not readily apparent information embedded in or associated with electronically stored documents and may include both application metadata, which is created by the application software used to create the electronic documents, and system metadata, which is created by the operating or storage system. Examples of application metadata include hidden columns or text, formatting and display codes, formulae, prior edits and editorial comments; examples of system metadata include data relating to creation, modification and access of the electronic document, its size, file format and storage location, and other document profile information like title, author, subject and keywords or tags. Metadata information may be stored internally within the electronically stored document or externally in a separate file or database. Externally stored metadata information shall be discoverable as separate documents.

Time to consider electronic discovery issues during general discovery (4)

Parties are encouraged to collaborate in good faith and agree on issues relating to the discovery and inspection of electronically stored documents within the framework for discovery set forth in Part 18 Division 19 of the Family Justice Rules. Such issues may include the scope and/or any limits on documents to be given in discovery, whether parties are prepared to make voluntary disclosures, and the giving of discovery in stages according to an agreed schedule, as well as the format and manner in which copies of discoverable documents shall be supplied.

(5)

Parties may, immediately after the close of pleadings, agree on an electronic discovery protocol which may take the form set forth in Appendix B Part 1. Parties may include the agreed electronic discovery protocol in the summons for directions. The Court shall consider the adequacy of the agreed electronic discovery protocol and may make such order or give such direction as it thinks fit, for the just, expeditious and economical disposal of the cause or matter. The agreed electronic discovery protocol, as amended by such order or direction of the Court as the case may be, shall form part of the order under the summons for directions to be extracted for the action.

(6)

If parties are unable to agree on an electronic discovery protocol, the party seeking discovery of electronically stored documents may apply for an order. The application must include a draft electronic discovery protocol and must be supported by affidavit providing an account of the parties’ attempts to collaborate in good faith to reach agreement on an electronic discovery protocol.

Requests for discovery (7)

A request for discovery of any electronically stored document or class of electronically stored documents may be made before the commencement of proceedings, or at any time to any party to a cause or matter, or any person who is not a party to the proceedings. Unless the request specifies that discovery of externally stored metadata information of the requested electronically stored documents is required, the party providing discovery shall not be required to discover externally stored metadata information.

(8)

A class of electronically stored documents may be described by specifying or describing a search term or phrase to be used in a reasonable search for electronically stored documents. A request for the giving of discovery by reasonable search must specify or describe limits on the scope of the search; such limits shall include at least the following:

(9)

(a)

specifying or describing physical or logical storage locations, media or devices; and

(b)

specifying the period during which the requested electronically stored documents were created, received or modified.

A request shall not be made for the discovery of deleted files or file fragments containing information which may be recovered through the use of computer forensic tools or techniques unless: (a)

a request is made for the discovery of the electronic medium or recording device on which a forensic inspection is to be conducted; and

(b)

a request is made for inspection of the said electronic medium or recording device in compliance with sub-paragraph (21) to (27).

Applications for discovery (10)

An application for discovery of any electronically stored document or class of electronically stored documents which includes externally stored metadata information must be supported by an affidavit showing that a request for externally stored metadata information of the requested electronically stored document or class of electronically stored documents had been made previously.

(11)

An application for discovery of any electronically stored document or class of electronically stored documents which specifies or describes a search term or phrase to be used in a reasonable search for electronically stored documents must specify or describe limits on the scope of the search to be conducted.

(12)

An application for the discovery of a computer database, electronic medium or recording device may be made together with an application for inspection of the said computer database, electronic medium or recording device in accordance with subparagraph (21) to (27).

(13)

Upon the hearing of an application for an order for discovery of electronically stored documents, the Court shall have regard to the matters set forth in sub-paragraph (15).

(14)

Nothing in this paragraph shall prevent the party giving discovery from reviewing the discoverable electronically stored documents or the results of any reasonable search for the purpose of identifying privileged documents. However, such review for the purpose of identifying privileged documents shall not extend to the deletion, removal or alteration of metadata information.

Matters to which regard shall be had in determining whether discovery or inspection is necessary (15)

Rules 468 and 474 of the Family Justice Rules states that an order for discovery and production of documents for inspection shall not be made unless such order is necessary either for disposing fairly of the cause or matter or for saving costs. The matters to which regard shall be had, in determining whether an application for discovery or inspection (including the supply of copies) of electronically stored documents is necessary either for disposing fairly of the cause or matter or for saving costs, shall include: (a)

the number of electronic documents involved;

(b)

the nature of the case and complexity of the issues;

(c)

the value of the claim and the financial position of each party;

(d)

the ease and expense of retrieval of any particular electronically stored document or class of electronically stored documents, including —

(e)

(i)

the accessibility, location and likelihood of locating any relevant documents,

(ii)

the costs of recovering and giving discovery and inspection of any relevant documents,

(iii)

the likelihood that any relevant documents will be materially altered in the course of recovery, or the giving of discovery or inspection; and

the significance of any particular electronically stored document or class of electronically stored documents which are likely to be located to the issues in dispute.

Form of list (16)

(17)

The following matters shall be included in any list of documents made pursuant to the giving of discovery in accordance with this Part in which electronic documents are enumerated: (a)

the name of the electronic file constituting or containing the electronic document; and

(b)

the file format (and its version) of the electronic document.

Where the party giving discovery objects to the production of certain discoverable electronically stored documents solely on the ground that the internally stored metadata information is protected by privilege, he must state in the list of documents whether he objects to the production of the electronic documents without the internally stored metadata information. If he does not object to the production of the electronic documents without the internally stored metadata information, he must enumerate the electronic documents in Part 1 of Schedule 1 to the list of documents. In any event, he must enumerate such documents in a separate section in Part 2 of Schedule 1 to the list of documents and shall state that he objects to the production of the whole or part of the internally stored metadata information of these documents.

(18)

Reasonable efforts shall be made to remove duplicated documents from the list of documents. A document shall be considered a duplicate of another if the contents of both (including metadata information) are identical. The use of a hashing function to identify duplicates shall be deemed to be reasonable effort.

(19)

If copies of electronic documents are supplied in one or more read-only optical disc(s) or other storage medium, the party giving discovery shall provide a further list, at the time when such copies are supplied, stating the following:

(20)

(a)

the storage format (and its version) of the optical disc or storage medium; and

(b)

if there are multiple optical discs or storage media, a list of electronic documents stored on each optical disc or storage medium.

An index of documents enumerated in a list of documents referred to in sub-paragraph (16) or (19) above shall be provided in an electronic, text searchable and structured format. In the absence of parties’ agreement, this index or load file shall be provided in a delimited text file in the Comma Separated Value (or ‘CSV’) file format.

Inspection of electronically stored documents (21)

A party required to produce electronically stored documents for inspection under Part 18 Division 19 of the Family Justice Rules shall provide reasonable means and assistance for the party entitled to inspection to inspect the electronically stored documents in their native format.

(22)

Where an inspection is carried out under rule 470, 471 or 472(1) of the Family Justice Rules and the inspecting party wishes to take copies of electronically stored documents produced for inspection, his request to take copies shall comply with the protocol set forth in sub-paragraphs (28) to (33).

Inspection of computer databases and electronic media or recording devices (23)

No request or application for the inspection of any computer database, electronic medium or recording device shall be made unless discovery of the computer database, electronic medium or recording device has been given.

(24)

A request may be made for the inspection of an electronic medium or recording device (for which discovery has been given) for the purpose of recovering deleted electronic documents through the conduct of a forensic examination of the unallocated file space or file slack of the electronic medium or recording device using computer forensic tools or techniques.

(25)

Where an application under rule 472(2) is made for the inspection of computer databases, electronic media or recording devices for which discovery has been given, the party seeking inspection shall include in his application an inspection protocol, which may take the form found in Appendix B Part 2, in order to ensure that the party entitled to inspection has access only to electronic documents that are necessary and is not allowed to trawl through the entire database, electronic media or recording device.

(26)

Upon the hearing of an application for an order for the inspection of computer databases, electronic media or recording devices, the Court shall have regard to the matters set forth in sub-paragraph (15). The Court shall have the power to review the adequacy of an inspection protocol and may make such order or give such direction as it thinks fit, for the just, expeditious and economical disposal of the cause or matter.

(27)

Nothing in this paragraph shall prevent the party producing computer databases, electronic media or recording devices for inspection from reviewing the discoverable electronically stored documents or the results of any reasonable search for the purpose of identifying privileged documents. However, such review for the purpose of identifying privileged documents shall not extend to the deletion, removal or alteration of metadata information.

Supply of copies of electronically stored documents (28)

Copies of discoverable electronically stored documents shall generally be supplied in the native format in which the requested electronic documents are ordinarily maintained and in one or more read-only optical disc(s).

(29)

Metadata information internally stored in the native format of discoverable electronically stored documents shall not be deleted, removed or altered without the agreement of the parties or an order of Court. Where the party giving discovery objects to the production for inspection of certain discoverable electronically stored documents solely on the ground that the internally stored metadata information is protected by privilege, but does not object to the production of the electronic documents without the internally stored metadata information, copies of such documents may be supplied in a reasonably usable format with all or such of the metadata information over which privilege is claimed removed.

Requests for the supply of copies (30)

A request for copies of discoverable electronically stored documents may specify the format and manner in which such copies are to be supplied. If the party giving discovery does not agree with the specified format or manner or both, he may either:

(a)

propose a reasonably usable format and/or storage medium and/or a reasonable manner in which he intends to supply copies of the requested electronic documents; or

(b)

in default of agreement, supply copies of the requested electronic documents in accordance with sub-paragraph (1).

(31)

The party giving discovery shall not be required to supply copies of electronically stored documents in more than one format.

(32)

The file format versions set forth in Appendix B Part 3 shall be deemed to be reasonably usable formats for the purpose of this paragraph.

Applications for the supply of copies (33)

Applications for the supply of copies of discoverable electronically stored documents shall specify the format and manner in which copies of such electronic documents are to be supplied.

Restriction on use of privileged document, inspection of which has been inadvertently allowed (34)

Rule 479 of the Family Justice Rules applies to the giving of discovery or inspection of electronically stored documents, including the supply of copies, as it would to the giving of discovery or inspection of any other document.

Costs (35)

Except for orders made in respect of third party or pre-action discovery, the costs of complying with an order for the giving of discovery or inspection of electronically stored documents shall generally be borne by the party giving discovery; and disbursements incurred in providing copies shall be reimbursed by the party requesting for copies.

(36)

The Court may invoke its inherent powers under rules 958 and 959 of the Family Justice Rules to make or give such further orders or directions incidental or consequential to any order as may be necessary, to order the party entitled to discovery to bear the whole or a portion of the costs of compliance with such order for the giving of discovery or inspection of electronically stored documents, and the supply of copies, if such order is necessary to prevent injustice or to prevent an abuse of the process of the Court.

82. Applications for discovery or interrogatories against network service providers (1)

(2)

This Paragraph applies to an application made under rule 467(1) or rule 495(1) of the Family Justice Rules — (a)

by or on behalf of an owner or exclusive licensee of copyright material against a network service provider for information relating to the identity of a user of the network service provider's primary network who is alleged to have infringed the copyright in the material in relation to an electronic copy of the material on, or accessible through, the network service provider's primary network; or

(b)

by or on behalf of the performer of a performance against a network service provider for information relating to the identity of a user of the network service provider's primary network who is alleged to have made an unauthorised use of the performance in relation to an electronic recording of the material on, or accessible through, the network service provider's primary network.

An application referred to in sub-paragraph (1) shall — (a)

be made in Form 47 of Appendix A to these Practice Directions; and

(b)

when made in accordance with sub-paragraph (2)(a), be fixed for hearing within 5 days from the date of filing of the application.

(3)

The onus shall lie on the applicant to highlight the nature of the application to the Registry and to request that the application be fixed for hearing within 5 days.

(4)

In sub-paragraph (1)(a), the words "electronic copy", "material", "network service provider" and "primary network" have the same meanings as in section 193A(1) of the Copyright Act (Cap 63).

(5)

In sub-paragraph (1)(b), the words "electronic recording", "network service provider", "performance" and "primary network" have the same meanings as in section 246(1) of the Copyright Act (Cap 63).

83. Ex parte applications for injunctions (1)

Rule 516 of the Family Justice Rules provides that an application for the grant of an injunction may be made ex parte in cases of urgency. However, the cases of Castle Fitness Consultancy Pte Ltd v Manz [1989] SLR 896 ‘The Nagasaki Spirit’ (No.1) [1994] 1 SLR 434 take the position that an opponent to an ex parte application, especially where the application seeks injunctive relief, should be invited to attend at the hearing of the application.

(2)

In view of this, any party applying ex parte for an injunction (including a Mareva injunction) must give notice of the application to the other concerned parties prior to the hearing. The notice may be given by way of facsimile transmission or the use of any other electronic means (including electronic mail or Internet transmission), or, in cases of extreme urgency, orally by telephone. Except in cases of extreme urgency or with the leave of the Court, the party shall give a minimum of two hours’ notice to the other parties before the hearing. The notice should inform the other parties of the date, time and place fixed for the hearing of the application and of the nature of the relief sought. If possible, a copy of the originating process, the ex parte summons and supporting affidavit(s) should be given to each of the other parties in draft form as soon as they are ready to be filed in Court. At the hearing of the ex parte application, in the event that some or all of the other parties are not present or represented, the applicant’s solicitors should inform the Court of:

(3)

(a)

the attempts that were made to notify the other parties or their solicitors of the making of the application;

(b)

what documents were given to the other parties or their solicitors and when these documents were given; and

(c)

whether the other parties or their solicitors consent to the application being heard without their presence.

The Directions set out in sub-paragraph (2) need not be followed if the giving of the notice to the other parties, or some of them, would or might defeat the purpose of the ex parte application. However, in such cases, the reasons for not following the Directions should be clearly set out in the affidavit prepared in support of the ex parte application.

84. Mareva injunctions (1)

Applicants for Mareva injunctions are required to prepare their orders in accordance with the following forms in Appendix A: (a)

Form 239:

Worldwide Mareva injunction; and

(b)

Form 240:

Mareva injunction limited to assets within the jurisdiction.

When composing the summons electronic form online through the Electronic Filing Service, these Forms shall be prepared in Portable Document Format (PDF) and attached to the summons electronic form for an Order of Court in Form 4 or 118 of Appendix A to these Practice Directions. (2)

These forms, inevitably, are complicated, but their language and layout are intended to make it easier for persons served with these orders to understand what they mean. These standard form orders should be used save to the extent that the Judge hearing a particular application considers there is a good reason for adopting a different form. Any departure from the terms of the prescribed forms should be justified by the applicant in his supporting affidavit(s).

(3)

The applicant should undertake not to inform any third party of the proceedings until after the return date.

(4)

Wherever practicable, applications should be made sufficiently early so as to ensure that the Judge has sufficient time to read and consider the application in advance.

(5)

On an ex parte application for a Mareva injunction, an applicant may be required, in an appropriate case, to support his cross-undertaking in damages by a payment to be made into Court, a bond to be issued by an insurance company with a place of business within Singapore, a written guarantee to be issued from a bank with a place of business within Singapore or a payment to the applicant’s solicitor to be held by the solicitor as an officer of the Court pending further order.

85. Documents in support of ex parte applications for injunctions (including Mareva injunctions) (1)

Without prejudice to the requirements stated in Paragraphs 83 and 84 of these Practice Directions, in order to assist the Court hearing ex parte applications for injunctions (including Mareva injunctions), an applicant must include in the affidavit prepared in support of the application the following information under clearly defined headings: (a)

reason(s) the application is taken out on an ex parte basis, including whether the applicant believes that there is a risk of dissipation of assets, destruction of evidence or any other prejudicial conduct;

(b)

urgency of the application (if applicable), including whether there is any particular event that may trigger the dissipation of assets, destruction of evidence or any other prejudicial conduct;

(c)

factual basis for the application, including the basis of any belief that there will be dissipation of assets, destruction of evidence or any other prejudicial conduct, whether there have been any past incidents of the opponent dissipating assets, destroying evidence or engaging in any other prejudicial conduct, and whether there is any evidence of dishonesty or bad faith of the opponent;

(d)

factual basis for any reasonable defences that may be relied on by the opponent;

(e)

whether the applicant is aware of any issues relating to jurisdiction, forum non conveniens or service out of jurisdiction, and. if so, whether any application relating to these issues has been or will be made;

(f)

an undertaking to pay for losses that may be caused to the opponent or other persons by the granting of the orders sought, stating what assets are available to meet that undertaking and to whom the assets belong; and

(g)

any other material facts which the Court should be aware of.

(2)

An applicant must prepare skeletal submissions on the points to be raised at the hearing of the ex parte application. At the hearing, the applicant shall give a copy of the skeletal submissions to the Court and to any opponent present. The applicant shall file the skeletal submissions by the next working day.

(3)

The Court may also require the applicant to prepare a note of the hearing setting out the salient points and arguments canvassed before the Court and may order such a

note to be served together with the court documents on any opponent who is not present at the hearing or within a reasonable time after the service of the court documents.

86. Case conferences (1)

Pre-trial conferences known as case conferences will be conducted for proceedings under:— (a)

Guardianship of Infants Act;

(b)

Inheritance (Family Provision) Act;

(c)

International Child Abduction Act;

(d)

Intestate Succession Act;

(e)

Legitimacy Act;

(f)

Mental Capacity Act;

(g)

Mental Health (Care and Treatment) Act;

(i)

Status of Children (Assisted Reproduction Technology) Act 2013;

(j)

Section 17A(2) of the Supreme Court of Judicature Act;

(k)

Voluntary Sterilization Act

(l)

Section 59 and Part X Women's Charter; and

(m)

Probate and Administration Act

before a hearing date is given. Notification of the Case Conference shall be Form 241 of Appendix A to these Practice Directions. (2)

At the case conference, the matters to be considered include the following, where applicable: (a)

the service of documents;

(b)

the likelihood of settlement of the contested issues;

(c)

the ages of the child / children of the marriage;

(d)

directions for parties to attend with counsel;

(e)

for parties to attend mandatory counselling and mediation at the Child Focused Resolution Centre;

(f)

the dates of the mediation and counselling sessions;

(g)

directions on the conduct of mediation and counselling at the Family Resolution Chambers;

(h)

the witnesses who will be called and whether they need interpretation;

(i)

the filing of affidavits, reports, summonses and any other necessary documents;

(j)

the necessity (if any) for an order for the Central Provident Fund Board to furnish information relating to the utilisation of CPF monies or CPF account balances where there is a claim for the division of a matrimonial property or CPF-related assets;

(k)

the necessity (if any) to transfer the proceedings to the Family Division of the High Court for hearing and determination. In determining whether to transfer the case to the Family Division of the High Court, the Family Court will take into account whether: (i) (ii) (iii)

(3)

there is an important question of law; the matter is a test case; and/or there is any other sufficient reason to transfer the proceedings;

(l)

the value of the property in question or matrimonial assets. Generally, in a case where the property in question or matrimonial assets are asserted by any party to the proceedings to be worth a gross value of $5 million or more, the matter will be transferred to the Family Division of the High Court for hearing and determination;

(m)

the number of days required for the hearing and the fixing of hearing dates; and

(n)

the administrative arrangements for the next hearing (e.g. whether it will be conducted over JOL or whether interpreters are required, etc.).

The principal solicitors having conduct of the case are to personally attend the case conference. They are expected to be thoroughly prepared to discuss all relevant

matters as the Registrar conducting the case conference will take a holistic approach to the case and consider all relevant matters relating to the case. (4)

Solicitors should ensure that their clients are fully informed of the option of using alternative dispute resolution before attending the case conference. They are expected to advise their clients and to take instructions on the desirability of referring the dispute for mediation and / or counselling.

(5)

The following sub-paragraphs shall apply in matrimonial proceedings under Part X of the Women’s Charter where any of the ancillary relief claimed is contested and section 17A(2) of the Supreme Court Judicature Act.

(6)

(a)

The parties or their counsel attending the case conference shall ensure that all affidavits, reports, Ancillary Matters Fact and Position Sheet in Form 242 in Appendix A to these Practice Directions and any other necessary documents have been filed and all interlocutory applications and appeals therefrom have been dealt with before seeking a date for the hearing of the ancillary matters.

(b)

Where the contested ancillary matters include the division of matrimonial assets, the parties or their counsel shall, upon the direction of the court, file the in Form 243 in Appendix A to these Practice Directions stating the contested issues, the net value of the matrimonial assets as at the date of the Declaration, the status of the proceedings.

(c)

At any time before the commencement of the hearing of the contested ancillary matters, where it is necessary to do so, the parties or their counsel may, upon the direction of the court, file another in Form 243 in Appendix A to these Practice Directions.

In proceedings under the Guardianship of Infants Act, (a)

where the parties are or were married under the provisions of Muslim law or are Muslims, both parties shall notify the Family Justice Courts Registry, by way of a letter in the prescribed format in Form 244 in Appendix A to these Practice Directions, a day before each hearing as to whether proceedings involving the same parties have been commenced in the Syariah Court.

87. Attendance at hearings in the Family Justice Courts (1)

For the avoidance of doubt, the general rule is that all hearings in a Family Justice Court shall be heard in camera pursuant to section 10(1) of the Family Justice Act. Members of the public are not entitled to attend such hearings.

(2)

Notwithstanding paragraph (1) above, a Family Justice Court may hear any matter in an open and public court to which the public generally may have access, if the Court is satisfied that it is expedient in the interests of justice, or for other sufficient reason to do so. Such matters include but are not limited to:-

(3)

(4)

(a)

trial or hearings for proceedings under section 105 and 106 of the Women’s Charter;

(b)

uncontested trials or hearings for proceedings under section 95 and 101 of the Women’s Charter which were adjourned from chambers to Open Court; and

(ii)

mentions for proceedings under Part VII and VIII of the Women’s Charter.

Subject to any written law, the Court may, in its discretion, permit interested persons, such as instructing solicitors, and parties to the matter, to attend hearings in a Family Justice Court. In exercising its discretion, the Court may consider a broad range of factors including — (a)

the interest that the person seeking permission has in the matter before the Court;

(b)

the interests of the litigants;

(c)

the reasons for which such permission is sought; and

(d)

the Court’s interest in preserving and upholding its authority and dignity.

In granting interested persons the permission to attend hearings in a Family Justice Court, the Court may, in its discretion, impose the necessary conditions to be complied with.

88. Electronic filing of documents and authorities for use in Court (1)

Subject to any Directions in this Part to the contrary, in particular Paragraph 90(3), all bundles of documents, bundles of authorities, bundles of pleadings, bundles of affidavits, all other bundles, and all opening statements for proceedings which have been commenced using the Electronic Filing Service must be filed in Court using the Electronic Filing Service.

(2)

In the event that it is not possible to file the documents in advance of the hearing, counsel may apply to the Judge or Registrar conducting the hearing for leave to use paper documents during the hearing. The paper documents may be printed on one side or both sides of each paper. The solicitor must explain why it was not possible to file the documents in advance of the hearing, and must give an undertaking to file using the Electronic Filing Service all the documents used at the hearing by the next working day after the hearing. Any document not filed using the Electronic Filing Service will not be included in the Court's case file.

(3)

Notwithstanding anything else in this Paragraph, in the event that a party chooses to use bundles of authorities in paper form for a hearing, the directions in this subparagraph shall apply: (a)

The party using the paper copy of the bundle of authorities shall bear the onus of producing the bundle at every hearing at which it is required. The Court will neither retain nor undertake to produce for hearings the paper copy of the bundle.

(b)

The party using the paper copy of the bundle of authorities should file through the Electronic Filing Service a list of authorities to be used at least one clear day in advance of the hearing. In the event that it is not possible for the party to do so, he must explain to the Judge or Registrar conducting the hearing why it was not possible for him to do so and must also undertake to file the list of authorities using the Electronic Filing Service by the next working day after the hearing.

(c)

The Judge or Registrar may, if he so chooses, retain the paper copy of the bundle of authorities for his own reference. The paper copy so retained will not however form part of the Court's record in respect of the proceedings in which it was used.

(4)

Counsel must adhere to the following directions when preparing bundles of authorities for use in Court: (a)

The bundle of authorities shall contain all the authorities, cases, statutes, subsidiary legislation and any other materials relied on;

(b)

The bundle of authorities shall have a table of contents immediately after the first title page. Where the bundle of authorities consists of more than one volume, each volume shall have a table of contents clearly indicating the authorities that are contained in that volume;

(c)

The items in the table of contents shall be numbered sequentially, and bound in the order in which they are listed;

(d)

The table of contents shall contain a concise statement of the relevance of each authority to the specific issues before the Court. The relevance of each authority shall be succinctly expressed and comprise no more than 3 sentences. The statement shall be set out immediately after the name of the case. For example: Rickshaw Investments Ltd and another v Nicolai Baron von Uexkull [2007] 1 SLR(R) 377 Relevance: Choice of law considerations are relevant even when determining the natural forum to hear a dispute.

(e)

be properly bound with plastic ring binding or plastic spine thermal binding in accordance with the requirements set out in paragraph 90(8)(c);

(f)

be paginated consecutively at the top right hand corner of each page (for which purpose the pagination should commence on the first page of the first bundle and run sequentially to the last page of the last bundle); and

(g)

be appropriately flagged for easy reference.

(5)

The Court may reject bundles of authorities which are not in compliance with subparagraph (4) above, and in exercising its discretion as to costs, take such noncompliance into account.

(6)

Where electronic bundles of authorities are filed through the Electronic Filing Service, the following shall apply: (a) A bookmark should be created in the Portable Document Form (PDF) file for each authority in the bundle.

(b)

The name given to each bookmark should be the same as the table of contents.

(c)

The page number of each printed bundle must correspond to the page number in the Portable Document Format (PDF) version of that bundle. Each separate bundle of documents shall start at page 1 and every page shall be numbered consecutively.

89. Bundle of Documents filed on setting down (1)

Rule 566 of the Family Justice Rules requires a bundle containing certain documents to be filed together with the notice for setting down. The documents in the bundle should be included in the order in which these appear in rule 566(1): Filing documents when setting down (1) The party setting down an action for trial must file with the Registrar a notice for setting down an action for trial in Form 119 together with a bundle for the use of the Judge consisting of one copy of each of the following documents: (a) the writ; (b) the pleadings (including any affidavits ordered to stand as pleadings), any notice or order for particulars and the particulars given; and (c) all orders made on the summons for directions.

(2)

In addition, parties should endeavour to file a core bundle of documents. This core bundle should comprise only documents that are relevant to the hearing in question, or which will be referred to in the course of the hearing.

(3)

These documents must be prepared in an electronic format. If there are other documents, the relevance of which is uncertain, these documents should be included and any objections taken before the trial Judge.

Directions for electronic creation and filing of bundles of documents (4) The following directions shall apply to the filing of bundles: (a) Index pages shall be prepared. Bookmarks should be created in the Portable Document Format (PDF) file for each such reference in the index. There should be as many book-marks in that PDF file as there are references in the index to documents in that PDF file. (b) The name given to each bookmark should be the same as the corresponding reference in the index. (c) The various PDF documents should be arranged chronologically or in some logical order. (d) The page number of each bundle of documents must correspond to the page number in the Portable Document Format (PDF) version of that bundle. Each separate bundle of documents shall start at page 1 and every page shall be numbered consecutively. (5)

For proceedings using the Electronic Filing Service, a bundle of documents may be created online and filed through the Electronic Filing Service. The electronic bundle shall be created in Portable Document Format (PDF). The electronic bundle may contain: (a) documents in the electronic case file; and

(b)

documents that have been uploaded into the electronic case file by solicitors or other persons given access to the shared folder in the electronic case file.

90. Documents for use in trials (1)

(2)

This Paragraph shall apply to trials of — (a)

writ actions; and

(b)

originating summonses ordered to be continued as if the cause of action had been begun by writ.

Rule 567 of the Family Justice Rules requires the originals of the affidavits of the evidence-in-chief of all witnesses and a bundle of documents to be filed not less than 5 working days before the trial of an action. This Paragraph prescribes the contents and the format of the bundle of documents. In addition, to improve the conduct of family proceedings and to reduce the time taken in the presentation of cases in Court, the following documents shall also be prepared by the respective solicitors of the parties: (a)

a bundle of authorities; and

(b)

an opening statement.

Documents which need not be filed electronically (3)

Paragraphs 88, 89(2) to (6) of these Practice Directions do not apply to the documents that are filed in Court pursuant to the provisions of rule 567(1) of the Family Justice Rules. Such documents may be tendered to the Registry in hardcopy together with an electronic copy stored on a CD-ROM in PDF format and complying with the provisions of this Paragraph.

(4)

Any court fees payable, pursuant to Part 19 of the Family Justice Rules, on filing the documents in this Paragraph, shall be payable at the stamp office. Parties should, when making payment at the stamp office, indicate to the cashier the precise number of pages which comprise the documents and comply with the provisions of Paragraph 157 of these Practice Directions.

(5)

It is emphasised that payment of the court fees on such documents should be made before the documents are tendered to Court in compliance with rule 567 of the Family Justice Rules. The hardcopy of documents tendered to Court should show, on the front page, the amount of court fees paid on the document.

(6)

The electronic copy must tally in all respects with the hardcopy, as it will be uploaded into the case file by the Registry staff and will form part of the electronic case file. The importance of not submitting unnecessarily large electronic files is emphasised. To this end, parties are to adhere as far as possible to the guidelines set out on the

Electronic Filing Service website (currently at www.elitigation.sg), or its equivalent as may be set up from time to time, on the resolution to be used when scanning documents into PDF format. (7)

In the event that parties elect to electronically file such documents, they must nevertheless tender a bundle of these documents to the Family Registry in hard copy. It shall not be necessary to pay any additional court fees in respect of the hard copy in such circumstances.

Bundle of documents (8)

The bundle of documents required to be filed by rule 567 of the Family Justice Rules should be paginated consecutively throughout at the top right hand corner and may be printed on one side or both sides of each page. (a)

An index of contents of each bundle in the manner and form set out in Form 205 in Appendix A to these Practice Directions must also be furnished. No bundle of documents is necessary in cases where parties are not relying on any document at the trial.

(b)

Under rule 567(3) of the Family Justice Rules it is the responsibility of solicitors for all parties to agree and prepare an agreed bundle as soon as possible. The scope to which the agreement extends must be stated in the index sheet of the agreed bundle.

(c)

The documents in the bundles should — (i)

be firmly secured together with plastic ring binding or plastic spine thermal binding, and such rings or spines should be red for plaintiffs and blue for defendants with a transparent plastic cover in front and at the back;

(ii)

have flags to mark out documents to which repeated references will be made in the course of hearing, and such flags shall —

(iii)

(A)

bear the appropriate indicium by which the document is indicated in the index of contents; and

(B)

be spaced out evenly along the right side of the bundle so that as far as possible they do not overlap one another; and

be legible (for which purpose clear legible photo-copies of original documents may be exhibited instead of the originals provided the

originals are made available for inspection by the other parties before the hearing and by the Judge at the hearing). (d)

Where originals and copies of documents are included in one bundle, it should be stated in the index which documents are originals and which are copies.

(e)

Only documents which are relevant or necessary for the trial shall be included in the bundles. In cases where the Court is of the opinion that costs have been wasted by the inclusion of unnecessary documents, the Court will have no hesitation in making a special order for costs against the relevant person.

(f)

A core bundle should (unless clearly unnecessary) also be provided containing the most important documents upon which the case will turn or to which repeated reference will have to be made. The documents in this bundle should normally be paginated but should also be cross-referenced to copies of the documents included in the main bundles. The bundle supplied to the Court should be contained in a loose-leaf file which can easily have further documents added to it if required.

Bundle of authorities (9)

Bundles of authorities may be filed in compliance with paragraph 88(4), (5) and (6).

(10)

Only authorities which are relevant or necessary for the trial shall be included in the bundles. No bundle of authorities is necessary in cases where parties are not relying on any authority at the trial. In cases where the Court is of the opinion that costs have been wasted by the inclusion of unnecessary authorities, the Court will have no hesitation in making a special order for costs against the relevant person.

(11)

The bundle of authorities shall be filed and served on all relevant parties at least 3 working days before trial.

Opening statements (12)

A proper opening statement is of great assistance to the Court as it sets out the case in a nutshell, both as to facts and law. It is intended to identify both for the parties and the Judge the issues that are, and are not, in dispute. It enables the Judge to appreciate what the case is about, and what he is to look out for when reading and listening to the evidence that will follow. Opening statements also help to clarify issues between the parties, so that unnecessary time is not spent on trying to prove what is not disputed or irrelevant. The need for brevity is emphasised as opening statements that contain long and elaborate arguments, and citations from and references to numerous authorities, do not serve this purpose.

(a)

In the light of these objectives, opening statements will be required in all cases from all parties, except where dispensation has been granted by the trial Judge and in running down actions. Statements submitted may be taken as read by the trial Judge.

(b)

All opening statements must include the following: (i) the nature of the case generally and the background facts insofar as they are relevant to the matter before the Court and indicating which facts, if any, are agreed; (ii) the precise legal and factual issues involved are to be identified with cross-references as appropriate to the pleadings. These issues should be numbered and listed, and each point should be stated in no more than one or two sentences. The object here is to identify the issues in dispute and state each party's position clearly, not to argue or elaborate on them; (iii) the principal authorities in support of each legal proposition should be listed, while the key documents and witnesses supporting each factual proposition should be identified; (iv) where there is a counterclaim or third party action, the opening statement must similarly address all issues raised therein; and (v) an explanation of the reliefs claimed (if these are unusual or complicated).

(c)

The plaintiff’s statement as provided for in sub-paragraph (12)(e) below, should, unless exempted or dispensation has been granted by the trial Judge, be filed and served on all other relevant parties not less than 3 working days before the commencement of the trial for which they are to be used.

(d)

The other counsel should each similarly not later than 2 working days before the start of the trial provide to the Court (with copies at the same time to their opponents) a statement which should concisely state the nature of their case on each of the issues to be tried and summarise the propositions of law to be advanced with references to the main authorities to be relied on. The character and length of this document will depend on the circumstances and whether there is any counterclaim or third party proceedings.

(e)

In the case of the plaintiff, the statement must include the following: (i)

a summary of essential facts indicating which, if any, are agreed;

(ii)

an indication of how these facts are to be proved, identifying relevant witnesses and documents;

(iii)

a summary of the issues involved with cross-references as appropriate to the pleadings;

(iv)

a summary of the plaintiff’s case in relation to each of the issues with references to the key documents relied upon, and a summary of the propositions of law to be advanced with references to the main authorities to be relied on; and

(v)

an explanation of the reliefs claimed (if these are unusual or complicated).

(f)

In cases where the Court is of the opinion that costs or hearing days have been wasted by a poorly drafted opening statement, the Court will have no hesitation in making a special order for costs against the relevant person.

(g)

The following format shall be adhered to when preparing opening statements: (i) all pages shall be paginated, with the first page (including the cover page) numbered as ‘Page 1’ so that the page numbers of the hard copy correspond to the page numbers in the Portable Document Format (PDF) version; (ii) the minimum font size to be used is Times New Roman 12 or its equivalent; (iii) the print of every page shall be double spaced; (iv) each page may be printed on one side or both sides; and (v) every page shall have a margin on all 4 sides, each of at least 35 mm in width. All opening statements should not exceed 20 pages (including all annexes and appendices, but excluding the cover page and backing page).

(h)

(i)

Counsel will be at liberty to amend their statements at the trial but in such event will be expected to explain the reasons for the amendments.

Timeline for tendering documents (13)

At the trial of the cause or matter, an adjournment may be ordered if: (a)

the above documents or any of them, save for the opening statement in cases where it is not required or dispensation was granted, were not filed and served within the prescribed time or at all; or

(b)

(14)

one party seeks to tender any of the above documents or supplements thereto except for supplements to the opening statement at the trial of the cause or matter.

If an adjournment is ordered for any of the reasons set out in sub-paragraph (13) above, the party who has failed to file or serve his documents within the prescribed time or at all or who seeks to tender a document or supplement thereto except for supplements to the opening statement may be ordered by the Court to bear the costs of the adjournment.

91. Hearing in Chambers In all hearings in chambers before a Judge or Registrar, counsel shall submit their bundles of documents and their own bundle of authorities. Rule 567 of the Family Justice Rules and the requirements of Paragraphs 90(8) to (11) shall, with the necessary modifications , be complied with in this regard, save that the bundles may be submitted at the hearing itself before the Judge or Registrar, as the case may be.

92. Written Submissions and Bundles of Authorities for Special Date Hearings This paragraph applies only to hearings in the Family Division of the High Court. (1)

(2)

(3)

(4) (5)

For any contested special date hearing before a Judge in the Family Division of the High Court, each party shall: (a) submit to the Court and serve on the other party a hard copy of the following documents at least 1 clear day in advance of the hearing (i) written submissions; and (ii) bundle of authorities (which are in compliance with the requirements under paragraphs 88(4), 90(9) to (11) of these Practice Directions); and (b) file a soft copy of his written submissions using the Electronic Filing Service no later than 1 working day after the hearing. If any party does not intend to rely on written submissions at the contested hearing referred to in sub-paragraph (1) above (e.g., where the hearing does not involve complex issues), the party should seek the Court’s approval for a waiver by way of a Request using the Electronic Filing Service at least 7 days before the hearing. This paragraph does not apply to any hearing before a Judge which is fixed on the normal list. However, parties are encouraged to adhere to the directions set out in subparagraph (1) above if the application will be contested. In the event that this is not done, the Judge may adjourn the hearing to enable the filing of written submissions or bundle of authorities if appropriate. For any special date hearing before a Registrar, any party who wishes to rely on written submissions at the hearing is required to comply with sub-paragraph (1) above. This paragraph does not apply to any hearings for which specific directions on the filing of written submissions or bundle of authorities are provided for in these Practice Directions.

93. Citation authorities

of

written

judgments

and

secondary

Citation of written judgments Counsel who cite a judgment must state the proposition of law that the judgment establishes and the parts of the judgment that support that proposition. Such statements should not excessively add to the length of the submission but should be sufficient to demonstrate the relevance of that judgment to the argument made. Where counsel wish to cite more than two judgments as authority for a given proposition, there must be a compelling reason to do so, and this reason must be provided by counsel in submissions. Judgments from other jurisdictions can, if judiciously used, provide valuable assistance to the Court. However, where there are in existence local judgments which are directly relevant to the issue, such judgments should be cited in precedence to foreign judgments. Relevant local judgments will be accorded greater weight than judgments from foreign jurisdictions. This will ensure that the Courts are not unnecessarily burdened with judgments made in jurisdictions with differing legal, social or economic contexts. In addition, counsel who cite a foreign judgment must:

(1)

(2)

(a)

draw the attention of the Court to any local judgment that may be relevant to whether the Court should accept the proposition that the foreign judgment is said to establish; and

(b)

ensure that such citation will be of assistance to the development of local jurisprudence on the particular issue in question.

The neutral citation system (a)

A neutral citation is a court-approved system of citation which is independent of the series of law reports or other publications, and unique to each written judgment.

(b)

Each written judgment from a particular level of court is assigned a sequential number, starting from 1 at the beginning of each calendar year.

Specific paragraph citations (a)

Counsel will be required to make specific citations by referring to the paragraph number of the judgment, and not to the page number of the judgment or report.

(b)

(3)

For consistency, square brackets will be used to denote paragraph numbers. The paragraph mark (¶) will no longer be used.

Court designators SGHCF – Family Division of the High Court SGFC – Singapore Family Courts SGYC – Singapore Youth Courts SGDC – Singapore District Court

(4)

Application of the neutral citation system The application of the system is as follows:

(5)

(a)

Cases reported in the Singapore Law Reports shall be cited using their Singapore Law Reports citations, in priority to their neutral citations.

(b)

Unreported decisions shall be cited using their neutral citations.

Example and explanation ABC Co Pte Ltd v XYZ Co Ltd [2015] SGFC 25, at [3], [8]. Year of the decision

[2015]

Level of Court

SGFC (Singapore Family Courts)

Sequential Number

25 (twenty-fifth written judgment rendered by the Family Courts in 2015)

Paragraph Number(s)

Paragraphs 3 and 8 of the judgment

Citation of secondary authorities in court (6)

Counsel are advised to be more circumspect in their use of secondary authorities such as textbooks, journals, periodicals and other treatises. As far as possible, counsel should rely on primary authorities to support the proposition of law argued for; and

(7)

If it necessary to cite secondary authorities, counsel should ensure that the material to be cited is directly relevant to the case before the Court. Counsel are also reminded of

their duty to ensure that such material is not cited out of context. The following are specific guidelines for the citation of different types of secondary authorities: (a)

Textbooks that are generally recognised as leading textbooks in the relevant area of law may be readily cited to the Court.

(b)

If counsel wish to cite academic articles in journals and periodicals in support of a particular proposition of law, they should ensure that they are citing a statement, rather than a critique, of the law. Citation of academic articles should be limited to those written by eminent authors of reputable standing. The articles should also have been published in established journals and periodicals. Legal opinions written by other counsel not having conduct of the case before the court should generally not be cited as authority. Such legal opinions are considerably less authoritative than academic articles, as the views expressed in these private opinions have not been subject to the rigorous scrutiny of editorship and public critique.

(c)

(8)

Counsel’s attention is drawn to rule 859 of the Family Justice Rules which gives the Court the power to make an order for costs personally against errant advocates and solicitors, who have wasted or incurred costs unreasonably or improperly. The Court will not hesitate to invoke its powers under rule 859 of the Family Justice Rules in cases where costs have been wasted due to counsel’s indiscriminate citation of unnecessary and irrelevant secondary authorities.

94. Submissions and examination by leading and assisting counsel (1)

In the event that a party is represented by more than one counsel at a hearing, whether in Court or in chambers, the making of submissions and the questioning of witnesses may be carried out by one counsel for each party only.

(2)

If counsel have divided up their work such that it is necessary or desirable that submissions on different issues be made or certain portions of the examination, crossexamination or re-examination be conducted by different counsel, an application should be made to Court at the commencement of the trial or hearing for leave to do so. The following information should be provided to the Court for the purposes of the application: (a)

the issues on which each counsel will be making submissions; and/or

(b)

the witnesses to be examined, cross-examined or re-examined by each counsel, or the portions of their evidence for which each counsel will conduct the examination, cross-examination or re-examination.

(3)

If leave has been granted in accordance with sub-paragraph (2), counsel should ensure that each confines himself to the issues or portions of evidence in respect of which leave was granted and that there is no overlap in the issues or the examination being dealt with by different counsel for the same party. Further, counsel must not repeat, clarify or expand on any submissions or portions thereof that have been made by another counsel for the same party or examine, cross-examine or re-examine witnesses on portions of their evidence dealt with by another counsel for the same party.

(4)

If leave of the Court is not sought in accordance with sub-paragraph (2), only one counsel will be allowed to make submissions or conduct examination for a party throughout the hearing.

(5)

This Paragraph shall apply to all proceedings in the Family Courts, Juvenile Courts and Family Division of the High Court.

95. Amendment of documents General requirements for amendment of any document (1)

Except as otherwise provided by the provisions of this Paragraph, where any document (inclusive of any pleading) that has been filed in any proceedings is required to be amended and re-filed in Court, a fresh copy of the document with the amendments included must be prepared, regardless of the number and length of the amendments sought to be made.

(2)

The procedure for amending a document is as follows: (a)

A fresh amended copy of the document should be produced.

(b)

The number of times the document has been amended shall be indicated (in brackets) after the name of the document. For this purpose, an amended document should be entitled “[document name] (Amendment No. 1)” or “[document name] (Amendment No. 2)”, or as appropriate. For example, a Statement of Claim which is amended for the first time should be filed as “Statement of Claim (Amendment No. 1)”, and a Defence that is amended for the second time should be filed as “Defence (Amendment No. 2)”.

(c)

The changes made in the document from the latest version of the document filed in Court should be indicated in the following way: (i)

deletions shall be made by drawing a single line across the words to be deleted; and

(ii)

insertions shall be underlined.

Colour scheme for amendments (3)

In addition, the following colours shall be used to indicate the history of the amendments in the specified documents: (a)

black for the first round of amendments;

(b)

red for the second round of amendments;

(c)

green for the third round of amendments;

(d)

blue for the fourth round of amendments; and

(e)

brown for subsequent rounds of amendments.

Amendment for third time or more (4)

(5)

From the third round of amendments onwards, the amended specified document should comprise two versions of the document, i.e. — (a)

a clean version without the amendments shown; followed in the same document by

(b)

a version showing the amendments in colour.

Only one amended document consisting of these two versions is required to be filed.

Cases to which the requirements in sub-paragraphs (1) and (2) do not apply (6)

The directions in sub-paragraph (2)(b) above shall not apply to any originating summons or summons that has been amended from an inter partes application to an ex parte application or vice versa.

(7)

The directions in sub-paragraphs (2)(c) above shall not apply to any originating process, summons or other electronic form that is composed online through the Electronic Filing Service.

Amendment endorsements on electronic forms (8)

Rule 426(3) of the Family Justice Rules requires that an amended pleading or other document be endorsed with a statement that it has been amended, specifying the date on which it was amended and by whom the order (if any) authorising the amendment was made and the date thereof, and if no such order was made, the number of the Rule in Part 18 Division 14 of the Family Justice Rules in pursuance of which the amendment was made.

(9)

Where electronic forms are amended, the amendment endorsement shall take either one of the following forms:

(10)

(a)

“By order of court made on [date order was made]”; or

(b)

“Pursuant to Rule [cite specific rule number]”.

The amendment endorsement shall be appended to the title of the electronic form, after the amendment number as required under sub-paragraph (2)(b) above. Where an

electronic form is amended more than once, the endorsement need only cite the basis for the most recent amendment. For example —

(11)

(a)

“Originating Summons (Amendment No. 3, by order of court made on 1 January 2013)”;

(b)

“Writ of Summons (Amendment No. 1, pursuant to r420)”.

The date of the electronic form shall reflect the date on which the document is amended.

Amendments made on original writ or originating summons (where amendments are not numerous or lengthy) (12)

This sub-paragraph applies to writs and originating summonses that have not been filed using the Electronic Filing Service. In addition to the usual endorsement signed by the solicitors pursuant to Paragraph 73 of these Practice Directions, there should be re-sealing of the document as required by rule 426(1), of the Family Justice Rules. The seal will be embossed over the endorsement.

Amendment of case title to add a party (13)

Where leave of Court has been obtained to add a party to the main case title of a matter, for example, an intervener, a garnishee or any party that was previously a nonparty, the applicant or his solicitor is to file a Request through the Electronic Filing Service to add that specific party to the main case title.

96. Waiting time for the hearing of matters The waiting time between the filing of certain processes or other steps in the proceedings and the date for the hearing of the matter are as set out below. Solicitors are directed to take note of these waiting times and must be ready to proceed at the end of the relevant period. WAITING TIME FOR TRIALS OR HEARINGS IN THE FAMILY JUSTICE COURTS S/N TYPE OF CAUSES OR MATTERS WAITING TIME Family Courts 1.

Family Courts Trials

2.

Family Courts Maintenance Cases

3.

Summons#

4.

Summary Judgment

2 to 4 weeks from the last case conference / court mentions 3 to 4 weeks from the last court mentions 4 to 6 weeks from the last case conference 6 weeks (statutory) from filing date

5.

Summons for Directions

4 to 6 weeks from filing date

6.

Assessment of Damages

7.

Examination of Judgment Debtor

8.

Non-contentious Probate applications

2 to 4 weeks from the last case conference 4 weeks from Request for Examination 3 to 4 weeks from filing date

9.

Adoption cases

4 weeks from filing date

10.

Taxation and review of taxation

3 to 4 weeks from filing date

11.

Writs of Execution

4 to 8 weeks from filing date

12.

Appeal against the Registrar’s decision

2 to 4 weeks from filing date

Youth Courts 13.

Youth Arrest Cases

14.

Youth Court Trials

4 to 6 weeks from last court mentions 4 to 6 weeks from last court mentions

Family Division of the High Court 15.

16.

Case Conferences in Suits: a) where the writ has not been served b) where the writ has been served or memorandum of appearance has been entered Trials

17.

Non-contentious Probate Applications

a) 10 weeks from date of writ b) 7 weeks from date of service of writ/memorandum of appearance 8 weeks from the date of setting down 4 weeks from filing date

18.

19.

Originating Summons a) Inter partes Originating Summons b) Ex parte Originating Summons Appeals from Family Courts

20.

Magistrate's Appeals

a) 6 weeks from filing date b) 3 weeks from filing date 4 weeks from receipt of record of proceedings 8 weeks from receipt of record of proceedings

#

The waiting period for applications for discovery or interrogatories against a network service provider under Paragraph 82 of these Practice Directions is 5 days from the date of filing of the Originating Summons. (*) "Waiting Time" is defined as follows: For trials, it is the period from the last court mentions/case conference (when parties indicate they are ready) to the date of hearing. For interlocutory matters, the waiting time is usually calculated from the date of filing. In the majority of cases, the matter should be heard within the time frames as indicated above. It is only in exceptional circumstances that the time frame is departed from.

97. Request for urgent hearing dates or urgent hearings prior to the filing of the application through the Electronic Filing Service Counsel requesting an urgent hearing before the Duty Registrar or Duty District Judge, or an urgent hearing date, in respect of an application that has not yet been filed through the Electronic Filing Service, shall submit a hard copy of the proposed application and any supporting affidavit to the Duty Registrar or Duty District Judge for the Court’s retention and shall give an undertaking to file the application and supporting affidavit using the Electronic Filing Service by the next working day.

98. Requesting a hearing date through the Electronic Filing Service (1)

When filing applications through the Electronic Filing Service, solicitors may make a request for a preferred hearing date for any interlocutory application to be heard before a Registrar.

(2)

Solicitors should confer with all parties to the application before selecting a preferred hearing date. Every counsel arguing the application should be available to attend the hearing on the date selected.

(3)

In the event that it is not possible to confer with opposing counsel on a preferred hearing date, whether due to the nature or urgency of the application or otherwise, solicitors must select a date when counsel arguing the application for the applicant will be available.

(4)

Solicitors are reminded to satisfy the requirements of subparagraph 76(6) of these Practice Directions.

99. Written Submissions for Contested Inter Partes Applications in Chambers (1)

To facilitate and expedite the hearing of contested inter partes applications before a Registrar in Chambers, District Judge in Chambers and Registrar’s Appeals before a District Judge in Chambers, the applicant and the respondent to the application shall file their Written Submissions no later than 7 days prior to the hearing date fixed by the Court and shall serve a copy thereof on the other party to the application or his solicitor.

(2)

The Written Submissions filed by parties shall set out as concisely as possible:

(3)

(a)

the circumstances out of which the application arises;

(b)

the issues arising in the application;

(c)

the contentions to be urged by the party filing it and the authorities in support thereof; and

(d)

the reasons for or against the application, as the case may be.

Sub-paragraphs (1) and (2) applies only in the following matters: (a)

Application for determination of questions of law or construction of documents under rule 345 of the Family Justice Rules;

(b)

Application to set aside judgment under rule 334 or rule 417 of the Family Justice Rules;

(c)

Application to strike out pleadings and endorsements under rule 405 of the Family Justice Rules;

(d)

Registrar’s Appeals under Part 18, Divisions 57 and 58 of the Family Justice Rules of Court; and

(e)

Any other application as may be directed by the Court.

100. Adjournment or vacation of hearing dates and partheard cases (1)

Where dates have been fixed for the trial of any cause or matter, any request for an adjournment or vacation of the trial dates shall be made to a Judge or Registrar by way of summons with a supporting affidavit even in those cases where counsel for the other party or parties consent to the adjournment.

(2)

Subject to any directions of the Judge or Registrar, when a case is adjourned, the Registrar will assign such days as are available for the hearing of the case, and counsel will be expected to take the dates at short notice. Where counsel is unable for any reason to take the dates, he shall apply to the Judge or Registrar for an adjournment in accordance with sub-paragraph (1) above.

(3)

In the event that the hearing of a case is not concluded within the number of days allotted, the Court may direct the hearing of the case to continue beyond the allotted time rather than adjourning the case part-heard to another date. Counsel for parties in all cases should therefore be prepared to continue with the hearing of the matter notwithstanding the fact that the time originally allotted may have expired. Subject to any such directions of the Court, all part-heard cases shall be fixed for continued hearing at short notice. Applications for adjournment of such hearing dates may be granted only for good and sufficient reasons.

101. Requests for further arguments before the Judge or Registrar (1)

All requests for further arguments shall be made by way of Request electronic form and filed through the Electronic Filing Service.

(2)

The party filing the Request must, either in the Request or a document attached thereto — (a)

state the party making the request;

(b)

identify the Judge or Registrar who heard the matter in question;

(c)

specify when the order concerned was made;

(d)

state the provision of law under which the request is made;

(e)

set out the proposed further arguments briefly, together with any supporting authorities; and

(f)

include a copy of each of the authorities cited.

(3)

A copy of the request must be furnished to all parties concerned.

(4)

All requests must be addressed to the Registrar.

102. Absence of parties Where an application has been struck off by reason of any party being absent, the Registrar may direct that the matter be restored by way of summons.

103. Production of record of hearing Record of Trials (1)

Pursuant to rule 611 of the Family Justice Rules, the Registrar hereby directs that there shall be audio recording of all trials in action. Such audio recording shall be made using the Digital Audio Recording Transcription System (DART) only. (a) (b)

(c)

The audio recording made pursuant to sub-paragraph (1) shall, pursuant to rule 611(1)(a), constitute the official record of hearing. In the event of any discrepancy between the audio recording and the transcript of the audio recording, the audio recording shall take precedence over the transcript. For the avoidance of doubt, any notes taken down by the Court in proceedings where audio recording is made shall not form part of the record of hearing.

(2)

The Registrar further directs that in proceedings where no audio recording is made, the notes of hearing shall be taken down by the Judge, judicial officer or court officer, whether by hand or through the use of a computer or electronic device and, pursuant to rule 611(1)(b), the transcript of the notes of hearing shall constitute the official record of hearing.

(3)

The provisions of sub-paragraphs (1) and (2) are subject to any directions made by the Judge or judicial officer hearing the matter, or by the Registrar, whether or not upon application by the parties. Such directions may include the use of alternative means of producing transcripts.

(4)

Where the Court makes such directions under sub-paragraph (3): (a) (b)

the transcript of the notes of hearing shall, pursuant to rule 611(1)(b), constitute the official record of hearing; and the parties shall inform the Registry by letter at least 7 working days before the scheduled hearing as to the mode by which the proceedings will be recorded.

(5)

The costs of engaging a service provider shall be paid by the parties directly to the service provider.

(6)

Requests for copies of the record of hearing or transcripts of the record of hearing conducted at the Supreme Court building shall be made through the Electronic Filing Service at least 7 working days before the scheduled hearing and Form 245 of Appendix A of these Practice Directions in Portable Document Format (PDF) shall be attached to the Request electronic form.

Request for Digital Audio Recording and Transcription Service for Hearings other than Trials (7)

Digital audio recording and transcription of proceedings will be made available in the Family Justice Courts, to parties, through one or more designated service providers at the request of parties.

(8)

The request for digital audio recording and transcription service shall be subject to the approval and/or directions of the Court hearing the proceedings, the approval of the Registrar, and the availability of the designated service provider to provide the service.

Applications for Digital Audio Recording and Transcription Service (9)

Any party who intends to use the digital audio recording and transcription service shall write to the Court hearing the proceedings for approval at least 12 working days before the commencement of the proceedings.

(10)

Upon written notification of the approval by the Court hearing the proceedings, the requesting party shall submit to the designated service provider at least 8 working days before the commencement of the proceedings the application for digital audio recording and transcription service using the requisite form provided by the designated service provider. The requesting party shall also comply with any direction(s) that may be given by the Court hearing the proceedings, in respect of the party’s written request for digital audio recording and transcription service.

(11)

The designated service provider shall inform the requesting party whether the application for digital audio recording and transcription service has received final approval by the Registrar.

(12)

The cost of engaging the designated service provider for digital audio recording and transcription service shall be paid by the requesting party directly to the designated service provider. The engagement of and payment to the designated service provider are subject to its terms and conditions.

(13)

The party or parties engaging the designated service provider shall apply for sufficient copies of the transcript to be furnished to the Court hearing the proceedings and all other parties to the proceedings.

104. Use of electronic and other devices (1)

In order to maintain the dignity of Court proceedings in the Family Justice Courts, court users are strictly prohibited from making any video and/or image recording in all hearings and sessions in Court or in chambers.

(2)

Additionally, all communications with external parties and audio recording during a hearing or session are strictly prohibited without prior approval of the Judge or Registrar hearing the matter or the person presiding over the session.

(3)

Court users are permitted to use notebooks, tablets and other electronic devices to take notes of evidence and for other purposes pertaining to the proceedings during hearings or sessions, provided that such use does not in any way disrupt or trivialise the proceedings.

(4)

This Paragraph shall apply to all family and juvenile proceedings in the Family Justice Courts.

(5)

For the avoidance of doubt, this Paragraph shall also apply to all alternative dispute resolution and counselling sessions conducted in the Family Justice Courts.

(6)

The attention of court users is also drawn to rule 614 of Family Justice Rules which states: Prohibition on unauthorised audio recording 614.–(1) No person shall make any audio recording of any hearing without the approval of the Court. (2) A person who contravenes paragraph (1) is guilty of contempt of Court.

105. Application for court records and certification of transcripts for family matters (1)

For proceedings in Family Courts or Family Division of the High Court which have been commenced using the Electronic Filing Service, every application for the court records in those proceedings (including notes of evidence, certified transcripts or grounds of decision) must be made by way of filing the appropriate Request in the Electronic Filing Service to the Registry of the Family Justice Courts.

(2)

On approval, copies of the court records will be made available upon payment of an appropriate fee.

(3)

Pursuant to rule 612 of the Family Justice Rules, the Registrar hereby directs that transcripts of hearing or notes of hearing may be certified by: (a) The Judge or judicial officer having conduct of the proceedings; (b) With the approval of the Court, the personal secretary to the Judge or judicial officer having conduct of the proceedings; or (c) With the approval of the Court, the service provider.

106. Access to case file, inspection, taking copies of documents and conducting searches Access by parties to a case file (1)

All parties to a case who are registered users of the Electronic Filing Service may, subject to this paragraph and any directions of the Court, access the online case file made available through the Electronic Filing Service and may inspect, download soft copies or print hard copies of documents accessible to the parties in the online case file.

(2)

Where a party to a case is not a registered user and is unable to access the electronic case file through the Electronic Filing Service, the procedure governing file inspection by non-parties to a case in sub-paragraph (5) below shall be followed.

(3)

All parties to a case shall have the liberty to make amendments at will to administrative details contained in the electronic case file through the Electronic Filing Service, and for this purpose —

(4)

(a)

administrative details include the contact details of solicitors, the identities of the solicitors, and the nature of the claim; and

(b)

where a party to a case is not a registered user of the Electronic Filing Service, he may attend at the service bureau to seek assistance to amend the administrative details contained in the electronic case file.

The Registry may require parties to a case to provide supporting documents to substantiate proposed amendments to other details of the electronic case file before the amendment is approved (e.g. amendments to add or remove a party to the case have to be supported by an order of court, and amendments to change the name, gender, identification number, or marital status of a party to the case have to be substantiated by documentary proof).

File inspection by non-parties (5)

In order to inspect a case file containing documents that were filed through the Electronic Filing Service, the following procedure should be followed: (a) A Request should be made to obtain leave to inspect the file, which request should — (i)

be filed using the Electronic Filing Service;

(b)

(ii)

state the name of the person who is to carry out the search or inspection (and if this person is not a solicitor, his identity card number should also be included in the request, after his name, and a copy of his identity card should be provided);

(iii)

state the interest the applicant has in the matter, and the reason for the search or inspection; and

(iv)

if the search or inspection is requested for the purpose of ascertaining information for use in a separate suit or matter, clearly state the nature of the information sought and the relevance of such information to the separate suit or matter.

Once approval for inspection has been received from the Court: (i) Registered users can inspect the case file online through the Electronic Filing Service; (ii) Parties who are not registered users can inspect the case file by presenting a copy of the approval at the service bureau. After verifying the approval that has been presented, the service bureau will assign a personal computer to the inspecting party for the inspection to be carried out. An inspecting party will usually be allowed only 60 minutes to carry out the inspection. If a longer period is required, the service bureau may impose a charge for use of the computer. The service bureau may impose additional charges for downloading soft copies or printing hard copies of documents from the case file being inspected.

(6)

Requests in hard copy may be submitted to inspect case files containing documents which were not filed using the Electronic Filing Service. The Family Registry will only accept requests which are printed or typewritten on paper of good quality and signed by the solicitors concerned. Requests which have any erasure marks on them will be rejected. Requests which are double stamped, that is, if the requests were originally short stamped and later stamped to add up to the correct fee, may be rejected.

(7)

Solicitors must communicate to the Registrar in writing the names of their clerks who have their authority to make searches and inspections. Such authority may be in respect of a specific search or inspection or for a specified period.

(8)

For the avoidance of doubt, a non-party who has obtained approval to inspect a case file may take and retain a soft copy of any document that is available for inspection. All copies of documents taken in the course of inspection should not be used for purposes other than those stated in the Request to inspect. Solicitors shall be responsible for informing their clients of this.

Obtaining certified true copies of documents (9)

Applications to obtain certified true paper copies of documents should be made by way of filing a Request through the Electronic Filing Service, unless the documents concerned have not been filed through the Electronic Filing Service.

(10)

The intended use of the certified true copies should be clearly stated in the Request. The relevance and necessity of the certified true copies in relation to their intended use should also be clearly described.

(11)

Once approval is received from the Court, the applicant should present a printed copy of the approved Request at the Records Section. After verifying that the Request presented has been approved, the staff of the Records Section will inform the applicant of any additional fees payable. Where additional fees are payable, these fees should then be stamped on the Request at the Family Justice Courts’ Cashier’s Office. Upon presentation of this stamped Request, the documents will be furnished to the applicant.

(12)

The fees prescribed by Part 19 of the Family Justice Rules will be payable for the above services without prejudice to additional printing charges which may be chargeable by the Court or the service bureau for reproducing the copies in paper form.

Conducting searches of information maintained by the Registry (13)

Rule 889 of the Family Justice Rules provides that the Registry shall maintain information prescribed or required to be kept by the Family Justice Rules and practice directions issued by the Registrar. In addition to any provisions in the Family Justice Rules, the Registrar hereby directs that the following information shall be maintained by the Registry: (a) details of all originating processes in Family Justice Courts, including:

(b) (c) (14)

(i)

details of interlocutory applications;

(ii)

details of appeals filed therein; and

(iii)

details of probate proceedings, including wills and caveats filed therein;

details of writs of execution, wits of distress and warrants of arrest; and any other information as may from time to time be deemed necessary.

Searches of this information under rule 891 of the Family Justice Rules may be conducted through the Electronic Filing Service at a service bureau or at the Records

Section. The fees prescribed by Part 19 of the Family Justice Rules will be payable for the searches. (15)

An application may be made by any person for a licence to use any information contained in any electronic cause book or register subject to such terms and conditions as the Registrar may determine. Successful applicants will be required to enter into separate technical services agreements with the Electronic Filing Service provider. Applications under this paragraph must be made in writing, identifying the data fields sought and providing details of how the information will be used.

107. Personal Data (1)

For the purposes of the following sub-paragraphs: (a) “personal data” shall have the same meaning as defined in the Personal Data Protection Act 2012 (Act No. 26 of 2012); and (b) “data subject” means a person whose personal data appears in any document filed in the Registry or an electronic cause book or register maintained by the Registry.

Consent to collection, use or disclosure of personal data (2)

Consent to the collection, use or disclosure of personal data contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar need not be obtained.

(3)

Pursuant to rule 889 of the Family Justice Rules, the Registrar may compile and maintain electronic cause books and registers by extracting information, including personal data, contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar.

Access to, and correction of, personal data contained in documents filed with, served on, delivered or otherwise conveyed to the Registrar (4)

A data subject who wishes to access his personal data contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar must comply with the applicable provisions in the Rules of Court and these Practice Directions relating to the access to and inspection of case files.

(5)

A data subject shall not be entitled to request information about the ways in which his personal data contained in any document filed with, served on, delivered or otherwise conveyed to the Registrar has been used or disclosed.

(6)

A data subject who wishes to correct any error or omission in his personal data in any document filed with, served on, delivered or otherwise conveyed to the Registrar must comply with the applicable provisions in the Rules of Court and these Practice Directions relating to the amendment of the relevant document.

Access to, and correction of, personal data contained in electronic cause books and registers maintained by the Registry (7)

A data subject who wishes to access his personal data contained in any electronic cause book or register must conduct a search through the Electronic Filing Service at a

service bureau or at the Legal Registry and shall pay the fees prescribed by Part 19 of the Family Justice Rules. (8)

A data subject shall not be entitled to request information about the ways in which his personal data contained in any electronic cause book or register has been used or disclosed.

(9)

A data subject who wishes to correct any error or omission of his personal data in any electronic cause book or register maintained by the Registry shall comply with the following procedure: (a)

(b) (c)

(10)

The request to correct the error or omission must be made in writing by the data subject or by his solicitor, together with the reason for the requested correction. The request must clearly identify the record and the personal data to be corrected; If the data subject is not represented, his identity card number should also be included in the request and a copy of his identity card should be provided; and The following documents should accompany the request: (i) recent copy of the record identifying the error or omission; and (ii) supporting document(s) to substantiate the proposed correction.

Where a correction is made pursuant to a request under sub-paragraph (9), any information that is licensed for use under paragraph 106(15) will be updated accordingly with the corrected personal data.

108. Witnesses Issuance of subpoenas (1)

An application for a subpoena shall be made by way of filing a subpoena in Form 123 in Appendix A to these Practice Directions. The subpoena is deemed to be issued when it is sealed by an officer of the Registry pursuant to rule 601(2) of the Family Justice Rules. The previous practice of filing a Request to issue a subpoena is discontinued.

Release of witness upon completion of evidence (2)

Every witness will be released by the Court upon completion of his evidence and it is the duty of counsel to apply to the Court if counsel desires the witness to remain. This sub-paragraph shall apply to both civil and criminal proceedings.

109. Form of affidavits Affidavits filed electronically (1)

This sub-paragraph shall apply to affidavits which are to be filed through the Electronic Filing Service. (a)

When filing affidavits for use during a hearing of an interlocutory application, the summons number of the interlocutory application must be provided in the Electronic Filing Service in addition to the case number of the suit or matter.

(b)

Affidavits shall have a blank margin of not less than 35mm wide on all 4 sides of the page. They shall be printed or typed and must be double-spaced.

(c)

The textual portion of the affidavits, as opposed to the exhibits, must be white.

(d)

At the top right hand corner of the first page of every affidavit there shall be typed or printed in a single line the following: (i)

the party on whose behalf the affidavit is filed;

(ii)

the name of the deponent;

(iii)

the ordinal number of the affidavit in relation to the affidavits filed in the cause or matter by the deponent;

(iv)

the date the affidavit is filed;

(v)

the top right hand corner of the first page of every affidavit shall also state whether the affidavit has been filed in respect of a contested divorce (“CD”), uncontested divorce (“UD”), summons (“SUM”), ancillary matters ("AM") or originating summons ("OS") hearing, and if the affidavit is filed in respect of a summons hearing, it shall state the number of the said summons, where the number is available, for example: “Defendant: Tan Ah Kow: 4th: 15.4.2013: AM hearing”; and “Defendant: Tan Ah Kow: 4th: 15.4.2013: SUM hearing: SUM no. 1234 of 2013"; and the document name that is selected in the Electronic Filing Service for an affidavit for ancillary matters hearing shall be “Affidavit for Ancillary Matters Hearing”.

(e)

Every page of the affidavit (including separators and exhibits) shall be paginated consecutively, and the page number shall be placed at the top right hand corner of the page. Every reference to an exhibit (or a document in an exhibit) shall include, where appropriate, the page number(s) where the exhibit (or document) can be located.

(f)

Sub-paragraph 1(d)(v) is applicable to proceedings under Part X of the Women’s Charter (Cap. 353) filed before 1 April 2006 as if any reference to the defendant were a reference to the respondent.

Affidavits that are not filed electronically (2)

This sub-paragraph applies to affidavits which are not required to be filed through the Electronic Filing Service. (a)

(b)

Form of affidavits generally (i)

Affidavits shall be on A4-ISO paper of durable quality with a blank margin not less than 35 mm wide on all 4 sides of the page.

(ii)

The paper used shall be white.

(iii)

Affidavits shall be produced by printing, lithography or typewriting, and in any case not by carbon copying. A document produced by a photographic or similar process giving a positive and permanent representation free from blemishes will be treated, to the extent that it contains a facsimile of matter produced by one of the above processes, as if it were so produced. Photographic copies which are not clearly legible will be rejected.

(iv)

Affidavits shall be printed or typed, double-spaced, on one side or both sides of the paper.

Markings on affidavits At the top right hand corner of the first page of every affidavit, and also on the backing sheet, there shall be typed or printed in a single line the following: (i)

the party on whose behalf the affidavit is filed;

(c)

(ii)

the name of the deponent;

(iii)

the ordinal number of the affidavit in relation to the affidavits filed in the cause or matter by the deponent;

(iv)

the date the affidavit is filed;

(v)

whether the affidavit has been filed in respect of a contested divorce (“CD”), uncontested divorce (“UD”), summons (“SUM”), ancillary matters ("AM") or originating summons ("OS") hearing, for example, “Defendant: Tan Ah Kow: 4th: 15.4.2013: AM hearing”; and

(vi)

if the affidavit is filed in respect of a summons hearing, the number of the said summons, where the number is available, for example, “Defendant: Tan Ah Kow: 4th: 15.4.2013: SUM hearing: SUM no. 1234 of 2013".

Binding of affidavits Affidavits of 30 pages or less (including exhibits and dividing and backing sheets) may be stapled at the top left hand corner of the paper firmly. Any affidavit (including exhibits, dividing and backing sheets) exceeding 30 pages shall be bound with plastic ring binding or plastic spine thermal binding (the plastic rings or spines to be red for plaintiffs/appellants, and blue for defendants/respondents) with a transparent plastic cover in front and at the back.

(d)

Pagination of affidavits Every page of the affidavit shall be paginated consecutively, and the page number shall be placed at the top right hand corner of the page. Every reference to an exhibit (or a document in an exhibit) shall include, where appropriate, the page number(s) where the exhibit (or document) can be located.

(e)

Sub-paragraph 2(b) is applicable to proceedings under Part X of the Women’s Charter (Cap. 353) filed before 1 April 2006 as if any reference to the defendant were a reference to the respondent.

110. Exhibits to affidavits Non-documentary exhibits (1)

Non-documentary exhibits (e.g., tapes, samples of merchandise, etc.) shall be clearly marked with the exhibit mark in such a manner that there is no likelihood of the exhibit being separated or lost.

(2)

Where the exhibit consists of more than one item (e.g., cassettes in a box) each and every such separate item of the exhibits shall similarly be separately marked with enough of the usual exhibit mark to ensure precise identification.

(3)

Where it is impracticable to mark on the article itself, such article or the container thereof shall be tagged or labelled with the exhibit mark securely attached to the exhibit in such a manner that it is not easily removable.

(4)

Very small non-documentary exhibits shall be enclosed or mounted in a sealed transparent container, tagged or labelled as aforesaid. An enlarged photograph showing the relevant characteristics of such exhibits shall, where applicable, be exhibited in the affidavit.

Exhibits to affidavits filed electronically (5)

The directions in this sub-paragraph shall apply to exhibits to affidavits that are filed through the Electronic Filing Service: (a)

Every page of every exhibit must be fully and clearly legible. Where necessary, magnified copies of the relevant pages should be inserted in appropriate places.

(b)

Every page of the exhibits, including dividing sheets or separators between exhibits, shall be consecutively numbered at the top right hand corner of each page, taking as its first number the number that follows the number of the last sheet of the affidavit.

(c)

Each exhibit in the affidavit must be separately book-marked in the Portable Document Format document that is filed. For this purpose — (i)

the names of the book-marks should follow the initials of the deponent of the affidavit, e.g., "TAK-1", "TAK-2"; and

(ii)

where a deponent deposes to more than one affidavit to which there are exhibits in any one action, cause or proceedings, the numbering of the

exhibits in all subsequent affidavits shall run consecutively throughout, and not begin again with each affidavit. (d)

Related documents (e.g., correspondence and invoices) may be collected together and collectively exhibited as one exhibit arranged in chronological order, beginning with the earliest at the top, paginated in accordance with subparagraph (5)(b) above, and the exhibit must have a front page showing the table of contents of the items in the exhibit.

Exhibits to affidavits that are not filed electronically (6)

This sub-paragraph applies to exhibits to affidavits that are not required to be filed through the Electronic Filing Service. (a)

Every page of every exhibit must be fully and clearly legible. Where necessary, magnified copies of the relevant pages should be inserted in appropriate places.

(b)

All documentary exhibits in an affidavit shall be prefaced by a dividing sheet in a light colour other than white, marked, typed or stamped clearly with an exhibit mark as follows: “This is the exhibit marked ____ [letter of the alphabet or a number] referred to in the affidavit of _____________[name of the deponent] and sworn/affirmed before me this _______ [date on which the affidavit is sworn or affirmed]. Before me, SGD A Commissioner for Oaths”

(c)

When there are more than 10 different documentary exhibits in an affidavit, there shall be — (i)

a table of contents of the documentary exhibits inserted before the first of such exhibits enumerating every exhibit in the affidavit in the manner of the example set out below: Reference in affidavit Nature of exhibit “TAK-1” Certificate of marriage “TAK-2” Certificate of birth

(d)

Page No. 6 7

(ii)

each document shall be flagged by means of a plastic tag, marked in accordance with the exhibit reference and such flags shall run vertically down the right edge of the exhibits evenly spaced out so as not to overlap one another. The table of contents itself shall bear the top most flag, marked “TABLE”; and

(iii)

exhibits shall be bound in the sequence in which references are made to them in the affidavit.

Pagination Every page of the exhibits (but not the dividing sheets mentioned in subparagraph (6)(b) above) shall be consecutively numbered at the top right hand corner of each page, taking as its first number the number that follows the number of the last sheet of the affidavit.

(e)

Numbering Where a deponent deposes to more than one affidavit to which there are exhibits in any one action, cause or proceedings, the numbering of such exhibits in all subsequent affidavits shall run consecutively throughout, and not begin again with each affidavit.

(f)

References to exhibits in other affidavits Where a deponent wishes to refer to a document already exhibited in some other deponent's affidavit, he shall not also exhibit it to his own affidavit.

(g)

Related documents Related documents (e.g., correspondence and invoices) may be collected together and collectively exhibited as one exhibit arranged in chronological

order, beginning with the earliest at the top, paginated in accordance with subparagraph (6)(d) above, and the exhibit must have a front page showing the table of contents of the items in the exhibit.

111. Swearing or affirming of affidavits, statutory declarations and oaths (1)

Rule 8 of the Commissioners for Oaths Rules (Cap. 322, Rule 3) was amended effective 1 September 1998 to permit an advocate and solicitor who is appointed a commissioner for oaths to take affidavits or statutory declarations, or administer oaths to a deponent in a language or dialect, other than English, spoken or understood by the deponent and in which the advocate and solicitor is proficient in. Given these amendments, advocates and solicitors are requested to encourage their clients to use the services of other advocates and solicitors who are appointed commissioners for oaths and who are proficient in the language or dialect in which the affidavits or statutory declarations are to be sworn or affirmed, or in which the oaths are to be taken. The Family Justice Courts' commissioners for oaths will continue to take affidavits or statutory declarations and administer oaths for legally aided cases and for parties who are acting in person who need to file documents in the Family Justice Courts.

(2)

If arrangements for the use of the services of advocates and solicitors who are appointed as commissioners for oaths are not possible, deponents who are blind or illiterate in English may continue to be brought by solicitors to the Family Justice Courts' commissioners for oaths to swear or affirm affidavits and statutory declarations. As the Family Justice Courts' commissioners for oaths are under a duty to ensure that the deponent understands the document being deposed to, they are obliged to interpret the document to intended deponents; this is also the case in relation to blind deponents. This necessary exercise may take a considerable time and may cause long delays for other persons who wish to take affidavits or statutory declarations before the Family Justice Courts' commissioners for oaths.

(3)

Accordingly, solicitors who wish to bring illiterate or blind deponents before the Family Justice Courts' commissioners for oaths should first estimate the time that will be taken to interpret the document or documents to be deposed to. If it is estimated that the total time required for interpretation of the documents will be more than 20 minutes, the solicitor must write to the Registrar and arrange for a special appointment for the documents to be sworn or affirmed; the solicitor should not bring the deponent before the duty commissioner for oaths without such an appointment.

(4)

If an illiterate or a blind deponent is brought before the duty Family Justice Courts commissioner for oaths and the interpretation of the document or documents takes more than 20 minutes, the commissioner for oaths will refer the solicitor and the deponent to the Registrar for a special appointment to be made for the documents to be deposed to.

(5)

Save in exceptional circumstances, the Family Justice Courts will not entertain requests from advocates and solicitors for its commissioners for oaths to swear or affirm affidavits or statutory declarations or administer oaths to a deponent outside the Family Justice Courts’ premises. Advocates and solicitors appointed as commissioners for oaths and who are proficient in the language or dialect in which the affidavits or statutory declarations are to be sworn or affirmed, or in which oaths are to be taken, are instead encouraged to perform this function

112. Effect of non-compliance Any affidavit or exhibit which does not comply with the Directions contained in this Part will be liable to be rejected by the Court and made the subject of an order for costs.

113. Objections to the contents of affidavits of evidence-inchief (1)

If, on an application for directions under rule 482, or rule 583 of the Family Justice Rules, or otherwise, orders are made prescribing the time within which objection to the contents of affidavits of evidence-in-chief must be taken, the objections must be taken in accordance with the Directions contained in this Paragraph and not otherwise.

(2)

Objections to the contents of affidavits of evidence-in-chief filed pursuant to an order of the Court made under rule 482, or rule 583 of the Family Justice Rules, or otherwise, must be taken by filing and serving a notice in Form 246 of Appendix A.

(3)

The notice in Form 246 should set out all the objections to the contents of affidavits of evidence-in-chief that will be raised at the hearing of the cause or matter and all the grounds thereof.

(4)

An adjudication on the material objected to in affidavits of evidence-in-chief filed pursuant to an order of the Court should only be sought at the trial or hearing of the cause or matter for which the affidavits of evidence-in-chief were filed, and not before. If an adjudication is sought prior to the trial or hearing of the cause or matter, the application for the adjudication will be adjourned to be dealt with at the trial or hearing of the cause or matter, and the applicant may be ordered to pay the costs of the adjournment.

114. Draft orders of Court (1)

Draft orders for inter partes applications (a)

Rules 676(1), (2) and (3) of the Family Justice Rules places the burden of approving the drafts of inter partes judgments and orders on the solicitors themselves. The solicitors should therefore approve the drafts and not submit these drafts to the Registrar for approval.

(b)

The Registrar's signature on a judgment or order is only for the purpose of validity and does not in any way affect the regularity or irregularity of the contents of any judgment or order.

(c)

Subject to sub-paragraph (d), parties in inter partes applications should proceed to engross a final copy of the draft judgment for signature by the Registrar after agreeing on the draft. Draft orders of Court for ex parte applications (except probate matters) may be submitted with the summons and the supporting affidavit when these are filed.

(d)

For draft orders in electronic form that are composed online through the Electronic Filing Service, the process for extracting judgments and orders shall be as follows:

(e)

(i)

Parties have the option of filing a system-generated order of court through the Electronic Filing Service.

(ii)

Before filing the system-generated order of court, the party extracting the order must review and edit the order of court electronic form to ensure that it accurately reflects the orders made by the Court and obtain the approval of all other parties to the application and provide evidence of such approval when filing the draft order of court, for example, a Portable Document Format (PDF) copy of a draft order of court signed by the solicitors of all parties to the application.

Where parties disagree over one or more terms of the order of court, the party filing the draft order of court shall be responsible for including in the order of court electronic form all versions of the disputed terms by editing the order of court electronic form. All relevant correspondence concerning the dispute must be provided when filing the draft order of court.

(f)

The Registry will seal and issue an engrossed order of court once its terms are approved.

(g)

Rules 676(4) to (6) of the Family Justice Rules shall continue to apply.

115. Unnecessary extraction of orders of Court (1)

Certain orders are extracted by parties when such orders need not be drawn up under the Family Justice Rules. The attention of solicitors is drawn to rule 677 of the Family Justice Rules in this regard.

(2)

To reduce unnecessary documentation and to expedite proceedings, solicitors are requested not to extract orders that need not be drawn up.

116. Draft Consent Orders (1)

In any request or application for a consent judgment or order involving any disposition or transfer of property, the parties must provide the following information to the Court: (a)

the identity of the owner of the property subject to disposition or transfer;

(b)

whether the owner of the property is incapacitated by reason of insolvency from effecting a disposition or transfer of the property;

(c)

whether the property is subject to any encumbrance which would affect a disposition or transfer thereof; and

(d)

any other relevant information which ought to be considered by the Court in granting the consent judgment or order.

(2)

The Court may require the information referred to in sub-paragraph (1) to be provided by way of an affidavit, which should exhibit the relevant searches where applicable.

(3)

For the convenience of parties and to expedite the recording of consent orders agreed between parties, parties can apply for the grant of a consent order through the following methods:(a) appearing before any judge sitting in case conference for that case; (b) appearing before a duty judge; (c) appearing before any judge in CFRC or FRC; or (d) via correspondence.

(4)

When an agreement has been reached between the parties on the custody of children, access to them, maintenance, division of matrimonial assets or other ancillary matters subsequent to the granting of an interim judgment (“the agreement”), counsel shall file the draft consent order incorporating the agreement in the prescribed template in the Electronic Filing Service at least 5 working days prior to the appearance in paragraph (3)(a) to (b) above.

(5)

If the draft consent order has not been electronically filed in the Electronic Filing Service by the time of the appearance, a hard copy of the draft consent order bearing the signature of both parties or their counsel must be submitted in court for the approval of the Court during the appearance before the judge.

(6)

The draft consent orders must be signed —

(a)

in the case where both parties are represented, by both parties’ counsel; or

(b)

in the case where any party is unrepresented, by that party personally, except that the signature of that party in person must be witnessed by an advocate and solicitor or a commissioner for oaths not acting for any of the parties in the proceedings.

(7)

If parties have filed a draft consent order and they send a correspondence to the Court to ask for an order in terms, the Court may consider and approve the draft consent order submitted by the parties, and grant an order in terms of the same before the next date of appearance in Court. The next date of appearance in Court will then be vacated thus obviating the need for the parties to attend in Court for the sole purpose of recording the consent order. In such a situation, the Court will notify parties of the grant of the consent order through a Registrar's Notice.

(8)

The document name selected for the filing of the draft consent order in the Electronic Filing Service is “Draft Consent Order".

(9)

Parties need not submit a further draft consent order for approval after the hearing.

(10)

Counsel need only file the engrossed copy of the consent order after the draft consent order is granted.

117. Judgment Interest (1)

Pursuant to the Chief Justice’s directions as provided for under Order 42, Rule 12 of the Rules of Court, unless it has been otherwise agreed between the parties, interest payable after the date of judgment shall be 5.33% per annum until further notice and calculated to the date the judgment is satisfied. The Court retains the discretion under rule 680 of the Family Justice Rules to revise the default rate of interest to such other rate not exceeding the default rate on the facts of the individual case.

Interest on costs (2)

Pursuant to the Chief Justice’s directions as provided for under rule 887(1) of the Family Justice Rules, interest payable from the relevant date(s) as stipulated in rule 887(1) shall be 5.33% per annum until further notice and calculated to the date of payment.

Pre-judgment interest (4)

The Chief Justice has directed that solicitors may wish to submit to the Court to consider that the interest rate for the period prior to the date of judgment should be the default interest rate of 5.33% per annum. Solicitors should note that the Court retains the overriding discretion to depart from the default interest rate based on the facts of the individual case.

118. Filing of writs of execution through the Electronic Filing Service (1)

An application for a writ of execution shall be made by way of filing a writ of execution in Form 137, 138, 139, 140 or 164 of Appendix A to these Practice Directions.

(2)

The writ of execution is deemed to be issued when it is sealed by an officer of the Registry pursuant to rule 707 of the Family Justice Rules.

(3)

The previous practice of filing a Request to issue a writ of execution is discontinued.

119. Sale of immovable property (1)

If an execution creditor wishes to effect the sale of immovable property seized under a writ of seizure and sale, he shall file the requisite electronic form Request for sale to the Bailiff through the Electronic Filing Service stating the following: (a)

the date of registration (and expiry) at the Singapore Land Registry of the order of court/writ of seizure and sale on immovable property;

(b)

that a copy of the order of court/writ of seizure and sale on the immovable property has been served on the execution debtor; and

(c)

whether the immovable property is subject to any mortgage or charge, and if so, that the mortgagee or chargee consents to the sale.

(2)

The Bailiff shall not be required to proceed with the sale if the immovable property is subject to a mortgage or charge and the execution creditor is unable to produce the written consent of the mortgagee or chargee to the sale.

(3)

If the Bailiff proceeds with the sale of the immovable property, the Bailiff may appoint any solicitor on his behalf to settle the particulars and conditions of sale.

(4)

The Bailiff’s instructions to a solicitor appointed to sell the immovable property shall include the following: (a)

that the Bailiff may require more than one valuation report to be submitted by a certified appraiser before proceeding with the sale;

(b)

that the sale may be conducted by a licensed auctioneer and the immovable property may be offered for sale by way of private treaty, tender, auction or such other manner as the licensed auctioneer may advise;

(c)

that the immovable property shall not be sold at a price below the forced sale value as specified in the valuation report, or if there exists two or more valuation reports, in the latest valuation report; and

(d)

that the solicitor shall prepare all necessary conditions of sale, documentation, accounts and particulars on behalf of the Bailiff in accordance with the Bailiff’s directions, and shall be entitled to recover his legal fees and disbursements.

120. Writs of execution & writs of distress – movable property (1)

Bailiff to inform execution debtor of the seizure and/or sale Prior to the seizure and/or sale, the Bailiff will notify the execution debtor, as far as is practicable, of the impending seizure and/or sale.

(2)

(3)

(4)

Execution creditor or his authorised representative to be present at the seizure and/or sale (a)

The execution creditor or his authorised representative must be present with the Bailiff at the appointed date and time of any seizure and/or sale.

(b)

If the execution creditor or his authorised representative is absent at the appointed date and time of the seizure and/or sale, the execution creditor shall be deemed to have abandoned the same.

Requests for the Bailiff’s ad hoc attendance (a)

If any person requires the Bailiff to attend at any place in connection with any order of court or writ of execution or writ of distress whether during or after office hours for any purpose, that person must file a Request in the appropriate electronic form through the Electronic Filing Service. A Request for attendance made in any other manner will not be acceded to.

(b)

The fees payable in respect of any such attendance by the Bailiff shall be as prescribed in the Rules of Court or as determined by the Registrar.

Effecting entry into premises Where the execution creditor requests the Bailiff to exercise his powers of entry into the premises of the execution debtor, the following conditions shall apply: (a)

save in special circumstances, entry shall only be effected on the second or subsequent appointment or attempt;

(b)

the Bailiff may, in any case, refuse to effect the entry without assigning any reason; and

(c)

the execution creditor shall at his expense, upon the direction of the Bailiff, engage any security personnel, locksmith or any other person or facility as the

Bailiff deems appropriate to assist in effecting entry into the premises and the execution process. (5)

Valuation Report The execution creditor or his solicitors shall, at the Bailiff’s request, furnish a written valuation report of the item(s) that is/are the subject matter of the seizure.

(6)

Auctions (a)

Scheduled auctions If a scheduled auction is not proceeded with, or is abandoned due to the absence of the execution creditor or his authorised representative, the Bailiff may at his discretion release any or all of the items seized.

(b)

Sale by auctioneer Where the value of the property seized is estimated by the Bailiff to not exceed $2,000, the auction shall be carried out by an authorised auctioneer engaged by the execution creditor, and all costs and expenses incurred in connection with the auction shall be borne by the execution creditor and may be added to the judgment debt.

121. Requests for the Bailiff’s Attendance (1)

Where any party requires the bailiffs to: (a)

attend at the place of execution at any time after the first attendance, whether during or after office hours, for the purposes of executing a writ of execution or distress or to arrest a debtor, or any other purpose;

(b)

to proceed with the auction of property under seizure; or

(c)

to release property under seizure

he or she must do so by filing the requisite Request in Form 247 of Appendix A of these Practice Directions for attendance electronic form to the Bailiff through the Electronic Filing Service. A Request for attendance made in any other manner will not be acceded to. (2)

The fees prescribed by Part 19 to the Family Justice Rules will be payable in respect of any attendance by the bailiffs pursuant to a Request made in Form 247.

122. Examination of Judgment Debtor (1)

A questionnaire in the recommended format as set out in Form 248 or 249 of Appendix A (whichever is appropriate) shall be annexed to the Order for Examination of Judgment Debtor when the said Order is served on the Judgment Debtor. Solicitors may modify the questions according to the circumstances of each case.

(2)

If the Judgment Debtor or his solicitor is of the view that any question is unreasonable, he is to contact the solicitor for the Judgment Creditor to ascertain whether the issue can be resolved prior to the hearing.

(3)

At the hearing, the answered questionnaire is to be produced to the Registrar and received as evidence upon the Judgment Debtor’s confirmation on oath that his answers provided are true and correct. Counsel for the Judgment Creditor may then apply to discharge the Judgment Debtor or proceed with further questioning.

(4)

The Judgment Debtor need not attend at the examination hearing if: (a)

he is able to provide his answers to the questionnaire by way of an affidavit or statutory declaration; and

(b)

the counsel for the Judgment Creditor agrees to discharge the Order for Examination at the examination hearing.

123. Committal proceedings An applicant seeking to lift a suspension order under rule 763(3) of the Family Justice Rules to enforce committal orders must prepare his or her own Warrant in accordance with Form 161 in Appendix A to these Practice Directions and bring the same to the hearing.

124. Appeals (1)

Any appeal filed on or after 1st October 2014 against the decision or order of a District Judge of the Family Justice Courts made in any family court proceedings shall be made to the Family Division of the High Court.

(2)

Any appeal filed on or after 1st October 2014 against the decision or order of the Registrar or Deputy Registrar or Assistant Registrar of the Family Justice Courts made in any family court proceedings shall be made to a District Judge of the Family Justice Courts.

(3)

Any appeal filed on or after 1st October 2014 against the decision or order of the Registrar, Deputy Registrar or Assistant Registrar of the Family Justice Courts made in any Family Division of the High Court proceedings shall be made to the Family Division of the High Court.

(4)

Any appeal filed on or after 1st October 2014 against the decision or order of a District Judge of the State Courts made in any family court proceedings shall be made to the Family Division of the High Court, and any appeal filed on or after 1st October 2014 against the decision or order of the Registrar or Deputy Registrar of the State Courts made in any family court proceedings shall be made to a District Judge of the Family Justice Courts.

(5)

The appeals counter of the Family Justice Courts Registry is located in the Family Registry of the Family Justice Courts Building at 3 Havelock Square Singapore 059725.

125. Filing of records of appeal and written cases Filing of records of appeal and written cases for appeals filed on or after 1 January 2015 from the Family Courts to the Family Division of the High Court under Part 18 Division 60 of the Family Justice Rules (1)

In practice, the District Judges may furnish grounds of decision, and if so, within 8 weeks of the filing of the notice of appeal although the furnishing of grounds of decision is not a requirement under the Part 18 Division 60 of the Family Justice Rules.

(2)

To facilitate the conduct of appeal hearings before the Judge of the Family Division of the High Court in Chambers, parties are required to file the following documents prior to the appeal hearing:

(3)

(a)

the appellant shall, within one week from the date of the release of the notes of evidence and grounds of decision (if any), file his submission, the record of appeal, and where the record of appeal exceeds 1000 pages, a core bundle, and serve a copy thereof on every respondent to the appeal or his solicitor; and

(b)

the respondent shall, within one week from the date of the service of the documents referred to in sub-paragraph (2)(a), file his submission and a supplemental core bundle, where necessary, and serve a copy thereof on the appellant or his solicitor.

The submissions to be filed by parties shall set out as concisely as possible: (a)

the circumstances out of which the appeal arises;

(b)

the issues arising in the appeal;

(c)

the contentions to be urged by the party filing it and the authorities in support thereof; and

(d)

the reasons for or against the appeal, as the case may be.

(4)

The parties shall file together with their submissions a bundle of authorities relied on by the Court below as well as other authorities to be relied on at the hearing of the appeal and serve such bundle of authorities on the other party.

(5)

The record of appeal shall consist of: (a)

the notice of appeal;

(6)

(b)

the certified copy of the grounds of decision;

(c)

the certified copy of the notes of evidence;

(d)

the originating process and all subsequent pleadings;

(e)

the affidavits filed or referred to by parties for the hearing and any other documents, so far as relevant to the matter decided and the nature of the appeal; and

(f)

the judgment or order appealed from.

The core bundle shall contain a copy of: (a)

the grounds of decision;

(b)

the judgment or order appealed from;

(c)

the documents, including notes of evidence, pleadings and affidavits or portions thereof that are of particular relevance to any question in the appeal or that will be referred to at the appeal; and

(d)

an index of the documents included therein, which shall cross-refer each document to its location in the record of appeal.

(7)

If the respondent intends to refer to documents at the appeal that are not included in the core bundle filed by the appellant, the respondent shall file a supplemental core bundle that contains a copy of the documents, together with an index of the documents which shall cross-refer each document to its location in the record of appeal.

(8)

The core bundle filed by the appellant shall not exceed 100 pages and the supplemental core bundle filed by the respondent shall not exceed 50 pages. In computing the number of pages, the copy of the order appealed from, the grounds of decision and the index of documents shall be excluded. The Judge of the Family Division of the High Court may take into consideration any failure to comply with this direction in deciding the costs to be awarded at the hearing of the appeal.

(9)

The submissions, the record of appeal, the core bundle and the respondent’s core bundle shall be filed at the appeals counter of the Registry of the Family Justice Courts.

(10)

In order to assist the Judge hearing the appeal, the appellant and the respondent are to tender one hard copy of the record of appeal, submissions and the core bundle, where

applicable, as well as any bundle of authorities to be relied upon to the Correspondence Clearance Centre at Level 1, Supreme Court Building not less than 10 days before the hearing of the appeal. Filing of records of appeal and written cases for appeals filed after 1 October 2014 and before 1 January 2015 on ancillary matters or custody matters or s17A(2) SCJA proceedings from the Family Courts to the Family Division of the High Court under Order 55C of Rules of Court (11)

Appeals filed after 1 October 2014 and before 1 January 2015 against final orders made by a District Judge in chambers on ancillary matters in matrimonial proceedings under the Women's Charter (Cap. 353), custody proceedings under the Guardianship of Infants Act (Cap. 122) or proceedings pursuant to section 17A(2) of the Supreme Court of Judicature Act (Cap. 322) are governed by Order 55C of the Rules of Court. In practice, the District Judges furnish grounds of decision within 8 weeks of the filing of the notice of appeal although the furnishing of grounds of decision is not a requirement under the Rules of Court.

(12)

To facilitate the conduct of appeal hearings before the Judge of the Family Division of the High Court in Chambers, parties are required to file the following documents prior to the appeal hearing:

(13)

(a)

the appellant shall, within one week from the date of the release of the notes of evidence and grounds of decision, file his submission, the record of appeal, and where the record of appeal exceeds 1000 pages, a core bundle, and serve a copy thereof on every respondent to the appeal or his solicitor; and

(b)

the respondent shall, within one week from the date of the service of the documents referred to in sub-paragraph (12)(a), file his submission and a supplemental core bundle, where necessary, and serve a copy thereof on the appellant or his solicitor.

Sub-paragraphs (3) to (10) apply to such appeals.

126. Appeals before the Family Division of the High Court from tribunal or person under Part 18 Division 55 of the Family Justice Rules (1)

Rule 805(4) of the Family Justice Rules states that it is the appellant's duty to apply to the Judge or other person presiding at the proceedings in which the decision appealed against was given, for the signed copy of any note made by him of the proceedings and to furnish that copy for the use of the Court. For the avoidance of doubt, the onus is on the appellant to file a record of proceedings, comprising the signed copy of the notes of proceedings, and any further grounds of decision, in the Family Division of the High Court.

(2)

The appellant and the respondent are to tender one hard copy of the notes of proceedings, grounds of decision and any skeletal arguments or bundles of authorities to be relied upon to the Correspondence Clearance Centre at Level 1, Supreme Court Building not less than 7 days before the hearing of the appeal, to assist the Judge of the Family Division of the High Court.

(3)

No affidavits shall be filed in respect of the appeal without the leave of court.

127. Skeletal arguments for appeals before the Family Division of the High Court (1)

This paragraph does not apply to appeals from Registrar to a Judge in Chambers.

(2)

The term “skeletal arguments” includes “skeletal submissions”, “written submissions”, “written arguments” and all other variant terms by which such documents are known.

(3)

Counsel should submit skeletal arguments for the hearing of the appeal or matter and give a copy to counsel for the other parties. Hard copies of skeletal arguments may be printed on one side or both sides of each page.

(4)

Skeletal arguments are abbreviated notes of the arguments that will be presented. Skeletal arguments are not formal documents and do not bind parties. They are a valuable tool to the Judges and are meant to expedite the hearing of the appeal. These notes should comply with the following requirements: (a)

they should contain a numbered list of the points proposed to be argued, stated in no more than one or 2 sentences;

(b)

each listed point should be accompanied by a full reference to the material to which counsel will be referring, i.e., the relevant pages or passages in authorities, the record of appeal, the bundles of documents, affidavits, transcripts and the judgment under appeal;

(c)

all pages should be paginated, with the first page (not including any cover page) numbered as “Page 1”;

(d)

the minimum font size to be used is Times New Roman 12 or its equivalent;

(e)

the print of every page shall be double-spaced; and

(f)

every page shall have a margin on all 4 sides, each of at least 35mm in width.

Timelines for submission of skeletal arguments for appeal (5)

Where the appeal is a civil appeal before the Family Division of the High Court, the skeletal arguments should be sent to the Correspondence Clearance Centre at Level 1, Supreme Court Building at least 7 days before the hearing of the appeal.

128. Use of presentation slides for all proceedings before the Family Division of the High Court Subject to approval by the Court, parties may utilise presentation slides to assist in oral submissions before the Court. Presentation slides may be projected in the courtroom or hearing chambers when oral submissions are made. Presentation slides shall comply with the following standards: Typeface (1)

A clear typeface such as Arial or Times New Roman should be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

Colours (2)

There should be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

Animation and sounds (3)

Animation of slides or elements within a slide should be avoided; similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

Corporate logos (4)

Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.

129. Request for waiver or deferment of court fees in Family Division of the High Court A request for the waiver or deferment of the whole or any part of any appeal court fees under rule 998 of the Family Justice Rules must be supported by an affidavit in Form 250 of Appendix A of these Practice Directions. The affidavit in Form 250 must verify Form 251 of Appendix A of these Practice Directions.

130. Basis of taxation Every bill of costs to be taxed pursuant to a judgment or order of court must be filed together with a copy of the judgment or order of court. Where an order for taxation is not required under the Family Justice Rules, the bill of costs shall describe succinctly in its heading the basis of taxation. A bill of costs for taxation between a solicitor and his client pursuant to section 120(3) of the Legal Profession Act (Cap 161) must be filed together with a copy of the document signifying the consent of the parties to taxation.

131. Form of bills of costs The attention of solicitors is drawn to rules 875 and 882 and Part 1 of the Third Schedule of the Family Justice Rules. In addition, solicitors are to abide by the following requirements in relation to the form of bills of costs. (1)

Margins A blank margin of not less than 10 mm wide must be provided on all four sides for each page of the bill of costs.

(2)

Pagination Every page of a bill of costs must be paginated consecutively at the centre of the top of the page. The attention of solicitors is drawn to Paragraph 146 of these Practice Directions in regard to pagination of documents filed using the electronic filing service.

(3)

Format (a)

(b)

Party-and-party bills (i)

A bill of costs drawn up for taxation between one party to proceedings and another should be divided into three separate sections as required by rule 875 of the Family Justice Rules.

(ii)

Form 252 in Appendix A to these Practice Directions should be used for contentious business in respect of work done for a trial or in contemplation of a trial.

(iii)

Form 253 in Appendix A to these Practice Directions should be used for contentious business in respect of, or in contemplation of, work done other than for a trial (such as work done for an appeal or for a specific interlocutory application).

Solicitor-and-own-client bills (i)

A bill of costs drawn up for taxation (pursuant to any written law) between a solicitor and his own client should be drawn up in the same manner described in sub-sub paragraph (a) above save as follows:

(ii)

(c)

(A)

A solicitor will be deemed to have indicated that all items included in the bill are in relation to work done or disbursements incurred with the approval of the client.

(B)

Any agreement, whether oral or in writing, between the solicitor and his own client relating to the amount of costs payable either as a global sum or in respect of particular items included in the bill should be indicated on the bill.

(C)

Any agreement between the solicitor and his own client as to the rate to be used to compute the solicitor’s costs should also be indicated in the bill.

Form 254 in Appendix A to these Practice Directions should be used for non-contentious business.

Specimen bills Specimen bills illustrating the use of Forms 252, 253 and 254 in Appendix A to these Practice Directions are included in Appendix C for the guidance of solicitors.

(4)

Particulars (a)

Sufficient particulars must be included in the bill of costs so as to enable the Registrar to exercise his discretion under paragraph 1(2) in Part 1 of the Third Schedule of the Family Justice Rules.

(b)

Without prejudice to sub-paragraph (3), the Registrar may, at the taxation hearing, order the claiming or receiving party to furnish full details in support of the sums claimed under the bill.

(c)

Each bill of costs submitted to the Court through the Electronic Filing Service must — (i)

be in Portable Document Format (PDF);

(ii)

comply with these Practice Directions; and

(iii)

be accompanied by a bill of costs composed online through the Electronic Filing Service.

(d)

(5)

The information required by the Electronic Filing Service to compose the bill of costs summary includes the costs claimed under Sections 1, 2 and 3 of the bill of costs.

Goods and Services Tax A party claiming goods and services tax (hereinafter referred to as “GST”) in a bill of costs must comply with the directions set out in this sub-paragraph. A party who fails to comply with the directions set out in this sub-paragraph will be presumed not to be claiming GST in the bill concerned. (a)

(b)

GST registration number (i)

The GST registration number allocated by the Comptroller of Goods and Services Tax to the solicitors for the receiving party or parties should appear at the top left hand corner of the first page of the bill of costs.

(ii)

The GST registration numbers, if any, allocated to the receiving parties or to any one or more of them, as the case may be, must also appear at the top left hand corner of the first page of the bill of cost.

(iii)

The GST registration numbers should be indicated as follows: “GST Reg. No. (solicitors for plaintiff/solicitors for 1st defendant/2nd defendant/(or as the case may be)): xxxxx.”

(iv)

Where no GST registration number has been allocated to a receiving party, a statement to this effect should be included after the GST registration numbers of the solicitors for the receiving parties, or the receiving parties, as the case may be, in the following manner: “Solicitors for plaintiff/solicitors for 1st defendant/2nd defendant/(or as the case may be): no GST Reg. No.”

Input tax allowable The proportion of input tax for which the receiving parties, or one or more of them, are not entitled to credit should be stated, as a percentage, in parentheses after the GST registration number of the party or parties concerned. For a person who is not liable to be registered within the meaning of the First Schedule to the Goods and Services Tax Act (Cap. 117A), this proportion should be 100%.

(c)

(d)

Apportionment (i)

The first section of the bill of costs should set out the work done in the cause or matter except for taxation of costs. The amount of costs claimed for work done should be divided into as many parts corresponding with the different rates of GST applicable pursuant to section 16 of the Goods and Services Tax Act, its predecessor and any subsequent amendments thereto. Each part should state the global sum of costs claimed and the applicable GST rate for the relevant period.

(ii)

The second section which sets out the work done for and in the taxation of costs should describe the work done, the sum of costs claimed and the applicable GST rate.

(iii)

The third section, which sets out the disbursements made in the cause or matter, should first set out the disbursements on which no GST is chargeable by the solicitors for the receiving party or the receiving party as the case may be. For the disbursements on which GST is chargeable, it shall be divided into as many parts corresponding with the number of different rates of GST applicable pursuant to section 16 of the Goods and Services Tax Act, its predecessor and any subsequent amendments thereto. Each part should set out the disbursements on which GST is chargeable by the solicitors for the receiving party or the receiving party, as the case may be and the applicable GST rate. For example, for a matter which commenced in 1998 and concluded with a judgment in March 2003, with regard to disbursements on which GST is chargeable, the first part will set out the disbursements incurred on or before 1 January 2003 and the amount claimed for GST at the rate of 3%, while the second part will set out the disbursements incurred on or after 1 January 2003 and the amount claimed for GST at the rate of 4%. If a claim is made for disbursements incurred on or after 1 January 2004, the second part will set out the disbursements incurred on or after 1 January 2003 and before 1 January 2004, the amount claimed for GST at the rate of 4%, followed by a third part which shall set out the disbursements incurred on or after 1 January 2004 and the amount claimed for GST at the rate of 5% (or the applicable rate pursuant to section 16 of the Goods and Services Tax Act).

Summaries of the GST claimed for work done The following information as is applicable should be included at the end of the first and of the second sections:

(e)

(i)

the global sum of costs claimed for work done during each period for which a different rate of GST applies or no GST applies;

(ii)

the proportion, as a percentage, of input tax for which the receiving parties, or one or more of them, are not entitled to credit;

(iii)

a quantification of the input tax on the costs claimed in the section concerned for which the receiving parties, or one or more of them, are not entitled to credit; and

(iv)

quantifications of the GST claimed at the applicable rate on the costs claimed in the section concerned.

Summary of the GST claimed for disbursements The following information as is applicable should be included at the end of the third section:

(f)

(i)

a summation of the disbursements on which no GST is chargeable by the solicitors for the receiving party or the receiving party, as the case may be;

(ii)

a summation of the disbursements on which GST is chargeable by the solicitors for the receiving party or the receiving party, as the case may be;

(iii)

the proportion, as a percentage, of input tax for which the receiving parties, or one or more of them, are not entitled to credit;

(iv)

a quantification of the input tax on the disbursements on which GST is chargeable by the solicitors for the receiving party for which the receiving parties, or one or more of them, are not entitled to credit; and

(v)

quantifications of the GST claimed at the applicable rates on the disbursements.

Registrar's certificate The total amount of GST allowed on a bill of costs will be indicated as a separate item in the Registrar's certificate. Solicitors are responsible for ensuring that the GST figures accurately reflect the sums allowed by the Registrar.

132. Registrar’s Certificate (1)

There is no necessity for solicitors to collect the taxed bill of costs from the Registry to prepare the Registrar's Certificate.

(2)

As the Registrar’s Certificate of costs under rule 883 of the Family Justice Rules will be composed online based on the summary in the bill of costs, solicitors should ensure that the information contained in the summary in the bill of costs accurately reflects the information contained in the bill of costs submitted.

(3)

Solicitors should also ensure that the amounts claimed for goods and services tax (GST) in the Registrar’s Certificate are correct.

(4)

The procedure for the preparation of draft orders set out in these Practice Directions shall, with the necessary modifications, apply to the preparation of the Registrar’s Certificate.

(5)

For the avoidance of doubt — (a)

the Registrar’s Certificate shall be filed as a Portable Document Format (PDF) document for bills of costs filed before 30 September 2013; and

(b)

for all other cases, the Registrar’s Certificate shall be composed online through the Electronic Filing Service.

133. Objections (1)

In any disputed taxation involving party-and-party bills of costs, solicitors presenting the bill for taxation shall observe the following procedure: (a)

the respective solicitors shall confer prior to the date appointed for taxation with a view to resolving, limiting or clarifying the items in dispute; and

(b)

any objections in principle or as to quantum of the items claimed in a bill of costs must be indicated by the filing and service of a Notice of Dispute in Form 255 in Appendix A to these Practice Directions at least 7 days before the date fixed by the Registrar for the taxation of the bill of costs.

(2)

The Registrar may, in his discretion, make any appropriate orders as to costs if any of the above directions have not been complied with.

(3)

The Notice of Dispute shall be filed through the Electronic Filing Service in Portable Document Format (PDF) and be accompanied by a Notice of Dispute summary, the electronic form of which will be composed online through the Electronic Filing Service.

(4)

The information required by the Electronic Filing Service to compose the Notice of Dispute summary includes the amounts of costs to be awarded under Sections 1, 2 and 3 of the bill of costs according to the respondent.

134. Amount allowed as disbursement on account of use of electronic transmission (1)

If a document is filed using the Electronic Filing Service, $0.40 for each page of the document thus filed shall be allowed as costs between parties to proceedings. Such costs may be claimed by a receiving party from the paying party where the receiving party is entitled to costs for the filing of the document. These costs shall be allowed in addition to all other disbursements and Court fees.

(2)

This Paragraph shall apply to the taxation of costs as well as cases where the Court fixes a gross sum in lieu of taxation.

(3)

This Paragraph shall not apply to any document filed through the service bureau.

135. Taxations involving the Public Trustee or the Director of Legal Aid (1)

The directions contained in this Paragraph shall be complied with in respect of all taxations in which the Public Trustee or the Director of Legal Aid is involved.

(2)

For all taxations in which the Public Trustee or the Director of Legal Aid is involved —

(3)

(a)

the receiving party must, prior to the filing of the bill of costs in Court through the Electronic Filing Service, send the bill of costs to be filed to the Public Trustee or the Director of Legal Aid, as the case may be;

(b)

the Public Trustee or the Director of Legal Aid should then inform the receiving party whether he/she agrees or disagrees with the amounts claimed in the bill of costs;

(c)

when filing the bill of costs in Court through the Electronic Filing Service, the receiving party must state whether the Public Trustee or the Director of Legal Aid agrees or disagrees with the amounts claimed in the bill of costs; and

(d)

the bill of costs should also be served on the Public Trustee or the Director of Legal Aid, as the case may be, on the same day that the bill of costs is filed.

If the Public Trustee or the Director of Legal Aid (as the case may be), agrees with the amounts claimed in the bill of costs, then —

(a)

for solicitor-and-client bills filed pursuant to the Legal Aid and Advice Act (Cap. 160) where the Director of Legal Aid is the respondent, the receiving party and the Director of Legal Aid need not attend at the taxation and the bill will be taxed in their absence, except that if the taxing Registrar disagrees with the quantum of costs agreed on, he may nonetheless direct the attendance of the Director of Legal Aid at a later date.

136. Fixing costs in lieu of ordering taxation (1)

The Court may, where appropriate, fix costs at the end of a hearing or trial in lieu of ordering taxation. Counsel should therefore be prepared to make submissions on the entitlement to and quantum of costs at the end of a hearing or trial, whether before or after judgment is delivered.

(2)

Counsel should note that the Court may fix costs where costs have been ordered to be in the cause, or on hearing applications for dismissal or striking out pursuant to an unless order, and be prepared to make submissions accordingly.

137. Costs Scheduling (1)

The directions contained in this paragraph shall apply to: (a)

trials in for all writ actions and originating summonses ordered to be continued as if the cause or matter had been begun by writ; and

(b)

originating summonses involving cross-examination of any deponent.

(2)

Each party to the proceedings described in sub-paragraph (1) shall be required to file a costs schedule using Form 256 in Appendix A of these Practice Directions. The costs schedule should set out with sufficient particularity the quantum of party-and-party costs and disbursements that the party intends to claim in the event that the party succeeds.

(3)

The relevant costs schedule will be taken into account for the purposes of assessing the quantum of costs to be awarded for the proceedings.

(4)

The costs schedule for the proceedings described in sub-paragraphs (1)(a) and (b) shall be filed together with the parties’ written closing submissions or, where there are no written closing submissions, before the parties’ oral closing submissions are presented.

138. Operating hours of the Family Justice Courts The various courts, offices and counters within the Family Justice Courts have different operating hours. These operating hours may be found the Family Justice Courts’ website at http://www.familyjusticecourts.gov.sg.

139. Hours for the sittings of the Family Justice Courts (1)

The hours for the sittings of the Family Justice Courts shall be as follows, subject to the presiding Judge's/Magistrate’s/ Registrar’s discretion in any case to conclude a sitting at such earlier or later time as he may direct: Family Courts (a)

Mentions Courts Mondays to Fridays

-

9:00 a.m. to 1:00 p.m. and 2:30 p.m. to 5:30 p.m.

(b)

Hearing Courts and Chambers Mondays to Fridays

-

9:30 a.m. to 1:00 p.m. and 2:30 p.m. to 5:30 p.m.

Youth Courts (c)

Mentions Courts Mondays to Fridays

-

9:00 a.m. to 1:00 p.m. and 2:30 p.m. to 5:30 p.m.

(d)

Hearing Courts and Chambers Mondays to Fridays

-

9:30 a.m. to 1:00 p.m. and 2:30 p.m. to 5:30 p.m.

Family Division of the High Court (e)

Registrar’s Chambers Mondays to Fridays

-

9:00 a.m. to 1:00 p.m. and 2:30 p.m. to 5:30 p.m.

(f)

Hearing Courts and Chambers Mondays to Fridays

-

10:00 a.m. to 1:00 p.m. and 2:15 p.m. to 5:00 p.m.

140. Application (1)

The directions contained in Paragraphs 140 to 154 shall apply to the filing, service, delivery and conveyance of documents under Part 18 Division 68 of the Family Justice Rules.

(2)

All other Paragraphs in these Practice Directions shall also apply to the filing, service, delivery and conveyance of documents under Part 18 Division 68 of the Family Justice Rules, except and to the extent that the contrary is specified.

(3)

If anything in this Part has the effect of modifying any other direction, whether expressly or impliedly, then such other direction shall apply in relation to the filing, service, delivery and conveyance of documents under Part 18 Division 68 of the Family Justice Rules with such modification.

(4)

Where the words and phrases set out in rule 913 of the Family Justice Rules are used in this Part, they shall have the same meaning as defined in rule 913 of the Family Justice Rules, unless otherwise specified.

141. Establishment of Electronic Filing Service and appointment of network service provider In exercise of the powers conferred by rules 914 and 915 of the Family Justice Rules, the Registrar, with the approval of the Chief Justice, hereby — (a)

establishes an Electronic Filing Service known as the Integrated Electronic Litigation System or eLitigation and accessible at www.elitigation.sg; and

(b)

appoints CrimsonLogic Pte Ltd as the Electronic Filing Service provider for this service, with the Electronic Litigation Systems Committee of the Singapore Academy of law as its superintendent pursuant to Rule 13A(2) of the Singapore Academy of Law Rules (Cap. 294A, Rule 1).

142. Appointment of agent to establish service bureau Pursuant to rule 917 of the Family Justice Rules, the Registrar hereby appoints CrimsonLogic Pte Ltd as an agent to establish a service bureau at 133 New Bridge Road #19-01/02 Chinatown Point Singapore 059413 (or such other address in Singapore as may be deemed suitable), with the Electronic Litigation Systems Committee of the Singapore Academy of Law as its superintendent pursuant to Rule 13A(2) of the Singapore Academy of Law Rules (Cap. 294A, Rule 1).

143. Registered users and authorised users (1)

Under Part 18 Division 68 of the Family Justice Rules, any entity may apply to be a registered user and a registered user may designate one or more of its partners, directors, officers or employees to be an authorised user. Such applications shall be dealt with by the eLitigation Project Director. For the purpose of Part 18 Division 68 of the Family Justice Rules, the identification code of an authorised user shall be his or her SingPass ID.

(2)

The following procedures shall apply to applications to become a registered user and for designating authorised users: (a)

(3)

The application to become a registered user must be made to the eLitigation Project Director using Form 257 in Appendix A to these Practice Directions. In Form 257, the registered user must nominate at least one authorised user. Form 257 must be accompanied by the following: (i)

a recent business profile report from the Accounting and Corporate Regulatory Authority (ACRA) of the registered user;

(ii)

an application form including the subscriber agreement for subscription to the Electronic Filing Service; and

(iii)

two sets of GIRO application forms for the electronic payment of filing and hearing fees and electronic filing and other charges.

(b)

After the application to become a registered user has been approved, the application forms for subscription to the Electronic Filing Service and GIRO electronic payment will be forwarded to the Electronic Filing Service provider.

(c)

After the Electronic Filing Service provider has processed the applications and made arrangements for GIRO electronic payments, the registered user will be provided access to his or her Electronic Filing Service account. The initial authorised user may designate additional authorised users by providing the identification code of each authorised user to be added through the administration module of the Electronic Filing Service.

Registered users approved hereunder shall be deemed to be approved by the Registrar of the Family Justice Courts. Registered users shall be responsible for all transactions conducted and liable for all fees and charges incurred by any of their designated authorised users in the Electronic Filing Service.

(4)

The registered user shall be responsible for ensuring that the list of designated authorised users is kept updated at all times through the administration module of the Electronic Filing Service and for updating the eLitigation Project Director of any changes in the list of its advocates and solicitors in accordance with the procedure stated in sub-paragraph (5) below.

(5)

A registered user shall submit to the eLitigation Project Director on an annual basis, and in any event by the end of May each year, a list of its advocates and solicitors as at the 1st of May of each year.

(6)

Additionally, a registered user may at any time submit to the eLitigation Project Director an updated list of its advocates and solicitors in the event of any significant change in the number of its advocates and solicitors.

144. Documents which must be filed, served, delivered etc., using the Electronic Filing Service (1)

Pursuant to rules 913 and 920 of the Family Justice Rules, the Registrar hereby specifies that all documents to be filed with, served on, delivered or otherwise conveyed to the Registrar in all proceedings, subject to the exceptions which appear later in this Paragraph, must be so filed, served, delivered or otherwise conveyed using the Electronic Filing Service.

(2)

It shall not be necessary to use the Electronic Filing Service in respect of the following proceedings: (a)

any petition for divorce

(2)

Parties are to note that the documents which are to be filed pursuant to rule 567(1) of the Family Justice Rules may, instead of being filed through the Electronic Filing Service, be filed in accordance with the procedure outlined in Paragraph 90(3)-(7).

(3)

In respect of appeals under Part 18 Division 59 of the Family Justice Rules, it shall not be necessary to file, deliver or convey any document at the Family Division of the High Court using the Electronic Filing Service if its filing, service, delivery or conveyance is not required under Part 18 Division 59 of the Family Justice Rules.

(4)

Where documents are served using the Electronic Filing Service, a Certificate of Service will be automatically generated and stored in the electronic case file.

(5)

Bundles of authorities can be filed, served, delivered or otherwise conveyed using the Electronic Filing Service. A party may also choose not to file bundles of authorities and may instead use hardcopies for hearings in accordance with the Directions contained in this Part.

145. Form of documents (1)

It is not necessary for documents that are electronically filed in Court to have a cover page or backing sheet.

(2)

Parties are reminded that they must, at all times, ensure that the information stored in the front end system is up-to-date and free from errors as the same information will be reproduced in electronic forms that are generated by the Electronic Filing Service.

(3)

Documents generated by the Electronic Filing Service containing out-of-date or wrong information will be rejected by the Registry and the fee payable shall be that stipulated in Part 19 of the Family Justice Rules.

(4)

In the event that the Electronic Filing Service fails to automatically generate an information page, parties may undertake the procedure outlined in Paragraph 151(2) of these Practice Directions.

(5)

If a document generated by the Electronic Filing Service is in respect of an Originating Summons or Petition for Probate or Letters of Administration where the parties are described as “Petitioner” and “Respondent”, parties should first write to the Family Registry by way of a Request through the Electronic Filing Service to request the convening of a Case Conference in respect of the matter. At the PTC, appropriate directions will be given to change the references to “Petitioner” and “Respondent” in the case title to “Plaintiff” and “Defendant” or such other party description as appropriate.

146. Pagination of documents Every single page of a document must be paginated so that the pagination on the actual document corresponds with the pagination of the document in the electronic case file. This is to facilitate hearings involving documents.

147. Filing documents through service bureau (1)

Solicitors and law firms are encouraged to file documents through the Electronic Filing Service. However, in the event that certain documents cannot be filed through the Electronic Filing Service, solicitors and law firms may file documents through the service bureau. Litigants in person may also file documents through the service bureau.

(2)

The operating hours of the service bureau are as follows: Operating hours

Filing Time

Collection Time

Mondays to Fridays

9am to 5pm

9am to 5pm

Saturdays

9am to 12.30 pm

9am to 12.30pm

(3)

The service bureau is closed on Sundays and public holidays.

(4)

Any document which is accepted for filing outside the time periods specified in subparagraph (2) will be treated by the service bureau as having been accepted on the following working day.

(5)

Documents to be filed through the service bureau must comply with these Practice Directions and all applicable administrative instructions and procedures prescribed by the service bureau with the approval of the superintendent.

(6)

Documents filed through the service bureau shall be subject to a Manual Handling Charge prescribed by Part 19 of the Family Justice Rules and additional services made available by the service bureau may be subject to other administrative charges imposed by the service bureau with the approval of the superintendent.

148. Filing of documents to the Family Justice Courts through a Supreme Court service bureau Pursuant to rule 929(4) of the Family Justice Rules, the Registrar hereby prescribes that any service bureau established or authorised to be established by the Registrar of the Supreme Court may assist in the filing, service, delivery or conveyance of documents pertaining to:(a) proceedings in the Family Division of the High Court, and (b) Family Courts using the Electronic Filing Service if the service bureau, or, if there are more than one, all the service bureaux, established or authorised to be established by the Registrar are unable to provide such services owing to failure of hardware or software, or both.

149. Limits on the size and number of documents submitted using the Electronic Filing Service (1)

The following limits apply to the filing of documents using the Electronic Filing Service: (a)

the total number of documents in a single submission must not exceed 99; and

(b)

the size of a single submission must not exceed 500 mega-bytes.

(2)

The limits described above apply to filing both online through the Electronic Filing Service and the service bureau.

(3)

The resolution for scanning, unless otherwise directed by the Court, must be no more than 300 DPI.

(4)

In the event that any solicitor wishes to file documents which exceed the limits specified in sub-paragraph (1), he should inform the Registrar at least 14 days before the intended filing date. The solicitor will then be asked to attend before the Registrar for directions to be given on how the documents should be filed.

(5)

If any document should exceed 300 pages, then that document shall be sub-divided, at a convenient page, into parts, for example, Affidavit of Tan Ah Kow Part A, Affidavit of Tan Ah Kow Part B and so on.

150. Documents which cannot be converted into an electronic format (1)

If a document cannot be converted in whole or in part into an electronic format for any reason, the hardcopy of the document must be filed at the Family Registry of the Family Justice Courts.

(2)

If the Court receives a document which the filing party says cannot be converted in whole or part into an electronic format, and it can discern no good reason why the document cannot be wholly converted into an electronic format, the document may be rejected.

151. Rejection of documents, back-dating and refund of penalty (1)

Care must be taken to enter correct, complete and accurate information into the electronic form. If the information entered into the electronic form and the actual document differ, the document is likely to be rejected by the Court. If a document is rejected by the Court for any reason, a penalty may nonetheless be payable in respect of the document as specified in Part 19 of the Family Justice Rules. In this regard, solicitors’ attention is also drawn to rule 928 of the Family Justice Rules.

(2)

In the event however that any document is rejected through no fault of the filing party, a solicitor may — (a)

re-file the document with a request that the date and time of filing or issuance, as the case may be, be back-dated to an earlier date and time, pursuant to rule 922 of the Family Justice Rules; and

(b)

request a refund of the penalty by filing the requisite electronic form through the Electronic Filing Service.

(3)

Where leave of Court has been obtained to expunge parts of a document or affidavit from the Court record, an applicant or his solicitor must re-file the document or affidavit with the expunged parts redacted and with a request that the date and time of filing or issuance, as the case may be, be back-dated to an earlier date and time, pursuant to rule 922 of the Family Justice Rules.

(4)

For the avoidance of doubt, a filing fee will be payable in respect of the re-filed document or affidavit as specified in Part 19 of the Family Justice Rules and the filing fee paid on the earlier filing of that document or affidavit will not be refunded.

152. Hard copies of documents filed electronically (1)

The Registrar may, at his discretion, request for hard copies of any documents filed electronically.

(2)

Upon such request, the filing party or his solicitor shall furnish hard copies of the relevant documents at the venue specified by the Registrar —

(3)

(a)

within the specified time frame; or

(b)

within 24 hours of the request, if no time frame is specified.

The Registrar may also direct that any or all documents shall be filed in hardcopy instead of using the Electronic Filing Service for such period or periods as he in his discretion thinks fit.

153. Responsibility for accuracy and completeness of information submitted using the Electronic Filing Service (1)

(2)

The solicitor having the conduct of any cause or matter may delegate the task of filing originating processes and documents in Court to an assistant or a suitably experienced law clerk or secretary, provided always that the solicitor shall personally satisfy himself as to the accuracy and completeness of the information submitted to the Court, and shall personally bear responsibility for any errors or deficiencies. In particular, solicitors should ensure the following: (a)

that the title of the action generated using the Electronic Filing Service is accurate and correct;

(b)

where an action is commenced by way of a writ of summons, that at least one nature of claim is selected that adequately represents the subject matter of the action; and

(c)

where an action is commenced by way of an originating summons, that either the relevant legislation under which the action is brought is provided or at least one nature of claim is selected that adequately represents the subject matter of the action.

Consolidated, transferred or converted cases in civil proceedings (3)

Where leave of Court has been obtained to consolidate cases or transfer a case from the Supreme Court to the Family Justice Courts or an order is made in a matter commenced by originating summons to continue as if commenced by writ, the applicant or his solicitor must inform the Registry of the order for consolidation or transfer or conversion by way of an appropriate Request through the Electronic Filing Service.

154. Amendment of documents originally filed in Court by entering relevant information in an electronic template (1)

This Paragraph applies to documents that have originally been filed in Court via the Electronic Filing Service.

(2)

Where such a document is to be amended, whether pursuant to rule 60 of the Family Justice Rules or, with leave of court, the amended document is to be prepared and filed by entering the relevant amendments in the appropriate electronic template. The amended document need not be filed in PDF format. In this respect, Paragraph 95(2)(c), (4) and (5) of these Practice Directions shall not apply.

155. Filing directions to the Accountant-General for payment into and out of Court (1)

Where monies are sought to be paid into Court pursuant to a judgment or order of the Court, a copy of the judgment or order must be referenced in the draft direction to the Accountant-General for payment in submitted to the Registry for approval.

(2)

Where monies are sought to be paid out of Court pursuant to a judgment or order of the Court, pursuant to the acceptance of a payment into Court made under Part 18 Division 16 of the Family Justice Rules, a copy of the judgment or order, or of the notice in Form 92 in Appendix A to these Practice Directions, or of the written consent, must be attached to the draft direction to the Accountant-General for payment out submitted to the Registry for approval.

(3)

Every draft direction for payment into or payment out of Court shall contain amounts in a single currency.

(4)

Where monies in different currencies are to be paid into or out of Court, separate draft directions must be prepared for each currency in which payment is to be made.

156. Electronic payment of Court fees (1)

Court fees not paid using the Electronic Filing Service may be paid by electronic means.

(2)

Payment through electronic means includes payment effected by Interbank GIRO (IBG) and NETS. For law firms, payment by IBG would be the most appropriate mode of electronic payment. A law firm using IBG will authorise the Family Justice Court to deduct the fees from its bank account upon lodgement of the prescribed lodgement form. The law firm will receive detailed reports on its IBG payments to facilitate accounting and help with bank reconciliation.

157. Stamping of documents (1)

Only documents filed in the Family Justice Courts will be stamped at the Family Justice Courts’ stamp office. The amount of stamp fees payable must be indicated on the top right hand corner of the document. In addition, solicitor’s clerks or solicitors must complete and submit the requisition form set out in Form 258 of Appendix A, together with the relevant document(s) to the cashier for stamping.

(2)

Payment should be made with Cash, NETS, local Cashier’s Order and Bank Draft (in Singapore currency). Cashier’s Orders and Bank Drafts should be crossed and made payable to: “Registrar of Supreme Court”

(3)

The stamp office shall be opened during the following hours: (a)

Monday to Friday

-

9.00 am to 1.00 p.m., and 2.00 p.m. to 4.00 p.m.

(b)

Saturday

-

9.00 am to 12.00 p.m.

Part XIV – General Matters 158. Weekend / Public Holiday Duty Registrar and Judge at the Family Courts (1)

(2)

The Duty Judge at the Family Courts may hear an urgent application on Saturdays (from 1pm to 6pm) and on Sundays and public holidays (from 9am to 6pm) under the following circumstances: (a)

where the applicant, being a lawful guardian or parent of a child, is seeking to restrain or enjoin another party from taking the child out of jurisdiction without the consent of the applicant;

(b)

the child’s departure from Singapore is so imminent that it would be too late for the application to be heard on the next working day; and

(c)

there is a strong likelihood that the child, once taken out of Singapore, will not return to Singapore.

To request the urgent hearing of such an application, the applicant should contact the Weekend / Public Holiday Duty Registrar at 97241402 during the following operating hours: (a)

1 p.m. to 6 p.m. on Saturdays; and

(b)

9 a.m. to 6 p.m. on Sundays and public holidays.

(3)

The Duty Registrar will only arrange for the hearing of the application before the Duty Judge if the applicant satisfies the Duty Registrar that the case meets all the criteria stipulated in sub-paragraph (1).

(4)

If the applicant is unable to file the application and supporting affidavits via the electronic filing service (EFS) before the hearing, he / she must give a signed written undertaking to the Court to do so in accordance with Form 259 in Appendix A to these Practice Directions before the application will be heard. The applicant must bring three copies each of the application, the supporting affidavit and the appropriate draft orders of court (Form 260 in Appendix B to these Practice Directions) for the ex parte hearing.

(5)

On an ex parte application for an injunction against the permanent removal of a child from Singapore, the Court would require the applicant, to give an undertaking to

compensate any party for any loss caused as a result of the application. The Court may require the undertaking as to damages to be supported by —

(6)

(7)

(a)

making payment into Court;

(b)

furnishing a banker's guarantee; or

(c)

making payment to the applicant's solicitor to be held by the solicitor as an officer of the Court pending further order.

An applicant for an order under section 14 of the Guardianship of Infants Act (Cap 122) must prepare the following documents in accordance with the appropriate forms in Appendix A to these Practice Directions and bring them along to the hearing: (a)

the Order of Court being sought (Form 261 in Appendix A to these Practice Directions);

(b)

the Writ for Seizure (Form 262 in Appendix A to these Practice Directions);

(c)

the Request for Writ for Seizure (Form 263 in Appendix A to these Practice Directions);

(d)

the applicant’s letter of undertaking to indemnify the Family Justice Courts and the Bailiff against any liabilities or claims that may arise from or in connection with the execution of the order granted by the Court to the applicant (Form 264 in Appendix A to these Practice Directions);

(e)

the applicant’s letter of undertaking to pay compensation / damages and to serve the documents (Form 265 in Appendix A to these Practice Directions); and

(f)

the applicant’s counsel’s letter of undertaking to ensure a calm and orderly execution and to pay the costs, expenses and charges of execution should the same not be fully paid by the applicant (Form 266 in Appendix A to these Practice Directions)

The forms in Appendix A to these Practice Directions are intended to make it easier for persons served with the relevant orders to understand what the orders mean. These standard form orders should be used save to the extent that an applicant is of the view that the form should be varied and the Duty Judge hearing a particular application considers that there is a good reason for adopting a different form. Any departure from the terms of the standard forms must be justified by the applicant in his / her supporting affidavit(s).

(8)

(9)

If an order is granted under section 14 of the Guardianship of Infants Act (Cap 122), the applicant must do the following: (a)

accompany the Bailiff to the place of execution and identify the child to be seized;

(b)

instruct his / her solicitor (if any) to accompany the Bailiff;

(c)

provide specific address of execution and if the execution is at an airport (whether Singapore Changi or Seletar), solicitor/applicant shall provide the details of flight and terminal number (boundary of seizure at the airport is restricted to public area); and

(d)

engage and pay for the costs of an auxiliary police officer to accompany the Bailiff to the place of execution, subject to the condition that where the person against whom the execution is to be carried out or the child / any of the children concerned is a female, the auxiliary police officer shall be a female officer.

For the avoidance of doubt, every applicant must comply with Paragraph 83 of these Practice Directions.

159. Duty Registrar and Duty Magistrate (1)

The duties of the Duty Registrar are — (a)

to hear applications made ex parte or by consent (except probate matters) provided that the summons has been entered in the summonses book;

(b)

to grant approval for any matter pertaining to the administration of the Registry, including giving early or urgent dates and allowing inspection of files;

(c)

to sign documents to effect sale and transfer of matrimonial assets; and

(d)

to sign and certify documents.

(2)

The duties of the Duty Magistrate shall include the examination of complainants when they file a Magistrate’s Complaint.

(3)

The duty hours shall be as follows: (a)

Mondays to Fridays

-

9:30 a.m. to 1:00 p.m., and 2:15 p.m. to 5:30 p.m.

(b)

Saturdays

-

9:30 a.m. to 1:00 p.m.

(4)

Only solicitors (or, where a party is not represented, a litigant in person) shall appear before the Duty Registrar.

(5)

Except where the attendance of the advocate and solicitor is required under subparagraph (9), the filing of the relevant documents will be sufficient for the Duty Registrar's disposal of any application or matter. Documents which are filed using the Electronic Filing Service will be returned to the solicitor through the Electronic Filing Service to the inbox of the law firm’s computer system or through the service bureau. Documents which are not electronically filed shall be collected from the relevant Family Registry not earlier than one clear day after the documents have been filed.

(6)

All documents which are not required to be filed using the Electronic Filing Service should be duly stamped before presentation to the Duty Registrar for his signature and/or decision.

(7)

A solicitor who wishes to attend before a Duty Registrar and to refer him to documents filed using the Electronic Filing Service must either —

(a)

file the document sufficiently far in advance before attending before the Duty Registrar such that the documents are already included in the electronic case file for the Duty Registrar’s reference (and in this regard, solicitors should only attend before the Duty Registrar after they have received notification from the Court that the document has been accepted); or

(b)

attend before the Duty Registrar with the paper documents, if these exist (and in this regard, the Duty Registrar will require the solicitor to give an undertaking to file all the documents by the next working day after the attendance before dealing with the matter).

(8)

Solicitors should register at the relevant Family Registry counter prior to attending before the Duty Registrar.

(9)

The advocate and solicitor's attendance is compulsory only: (a)

when he is requesting an early or urgent date for hearing before the Registrar or Judge;

(b)

when an application or document is returned with the direction “Solicitor to Attend” ; or

(c)

when so required by any provision of law.

(10)

A solicitor may, if he wishes to expedite matters, attend before the Duty Registrar even if his attendance is not ordinarily required.

(11)

When dealing with the ancillary matters, the Court may grant orders under section 31 of the Family Justice Act empowering the Registrar to sign the documents to effect the sale and transfer of matrimonial assets. These orders fall into two categories:

(12)

(a)

an order empowering the Registrar to sign the relevant documents without further notice to the party whom the Registrar is signing the documents on behalf of (“Category A orders”); and

(b)

an order empowering the Registrar to sign the relevant documents only in the event of a default by a party in signing the relevant documents (“the other party”) despite written notification to him/her to sign the relevant documents (“Category B orders”).

Applications to obtain the signature of the Registrar pursuant to Category A orders and Category B orders shall be made before the Duty Registrar in the Family Justice

Courts. The documents to be signed by the Duty Registrar shall contain the following endorsements: “Signed on behalf of {insert name of party in default} by Registrar, Family Justice Courts, pursuant to order of court dated {insert date}” (13)

Counsel shall furnish the following documents to the Duty Registrar when making such applications: (a)

(b)

(14)

For Category A orders (i)

The sealed copy of the order of court empowering the Registrar to sign the relevant documents; and

(ii)

A duplicate copy of each of the documents to be signed by the Registrar, which will be retained by the Court.

For Category B orders (i)

The documents set out in sub-paragraph (13)(a)(i) and (ii) above.

(ii)

An affidavit showing the other party’s default in signing the relevant documents.

The sealed copy of the order of court empowering the Registrar to sign will be returned after the signing of the documents.

160. Attendance of solicitors in Court (1)

Save in the most exceptional and unforeseen circumstances, and so long as the firm of solicitors remains on record, a member of the firm must attend all proceedings in respect of the cause or matter in which the firm is acting, even if it does not intend to oppose the orders sought by the other side. The practice of asking the opposing solicitor to mention the matter on one's behalf is also not acceptable and should be discouraged.

(2)

All solicitors appearing in any cause or matter are to be punctual in attending Court as delay in commencement of hearing leads to wastage of judicial time. Appropriate sanctions may be imposed for late attendances.

161. Use of Skype (1)

The Family Justice Courts will allow solicitors to use Skype, a free and accessible service, to mention ex-parte applications and/or cases in which parties have a consent order.

(2)

This will enable solicitors to mention their cases via Skype instead of personally attending Court for many short mentions which generally will not last beyond 10 minutes.

Guidelines and Procedures (3) Solicitors mentioning their cases via Skype must comply with the guidelines and procedures set out in the Annex to this Paragraph (see below). Court etiquette (4) A solicitor mentioning a case via Skype must proceed with the hearing as if he or she were appearing before the Judge in person, and must comply with all Court rules of etiquette as prescribed in these Practice Directions and any relevant Registrar’s Circular. Adjournment of Skype hearing (5) If for any reason the presiding Judge or Registrar considers that it is not expedient for any hearing to continue via Skype, he or she may – (a)

adjourn the matter and require parties to attend Court personally on an appointed date and time;

(b)

conduct the hearing via telephone; or

(c)

make any other direction that may be appropriate in the circumstances of the case.

Hearing Records (6) Hearings conducted via Skype shall not be recorded on video or audio tape or any other form. Queries and Assistance (7) Any queries or requests for assistance pertaining to Skype hearings may be sent to [email protected].

ANNEX GUIDELINES AND PROCEDURES FOR HEARINGS VIA SKYPE 1.

Log into your Skype account and set your status to ‘available’.

2.

You may access the relevant hearing list at http://www.familyjusticecourts.gov.sg.

3.

Check the chambers assigned to hear your case.

4.

Then identify the corresponding Skype contact from the following: Family Justice Courts Registry For hearings at 3 Havelock Square, Singapore 059725 Chambers C FJCourts_Ch_C Chambers D FJCourts_Ch_D Chambers E FJCourts_Ch_E Chambers J FJCourts_Ch_J For hearings at 5 Maxwell Road, #04-00, Tower Block, MND Complex, Singapore 069110 Chambers 1 fjcourts.ch1 Chambers 2 fjcourts.ch2 Chambers 3 fjcourts.ch3 Chambers 4 fjcourts.ch4 Chambers 5 fjcourts.ch5

5.

Send an instant message to the relevant Chambers using Skype to inform the judge that you are ready and state your name, law firm and case number. E.g., if your matter is fixed for hearing in Chambers J, you will send your message to ‘FJCourts_Ch_J’. Your instant message will state “John Tan, ABC Law Firm, ready at 3:15p.m., D 12345/20XX/A”. Note that the Judge will not call you unless you have previously sent a message to indicate your readiness to proceed with the Skype hearing.

6.

When the judge is ready to deal with your matter, he/she will call you. Accept the video call and start the hearing. Do not attempt to call the Judge.

7.

Where there is a queue, priority will be given to the solicitors who are physically present in court.

8.

If you encounter any problem, you may call Family Justice Courts Registry for assistance at –

(a) (b) (c)

9.

6435 5473 (for hearings at 3 Havelock Square). 6236 9050 (for mediation/counselling sessions at the MND Complex); or 6435 5864 (for Mental Capacity/Adoption/Probate cases at the MND Complex).

If the problems cannot be resolved, you may be required to personally attend Court to mention your case.

162. Absence from Court on medical grounds (1)

If — (a)

any party to proceedings;

(b)

any witness;

(c)

any counsel; or

(d)

a Deputy Public Prosecutor or other officer or person appointed by the Attorney-General to assist him or to act as his deputy in the performance of any of the functions or duties of the Public Prosecutor under the Criminal Procedure Code (Cap. 68) or under any other written law,

is required to attend Court and wishes to excuse himself from Court on medical grounds, he must tender or cause to be tendered to the Court an original medical certificate. The medical certificate so tendered must be in the form and contain the information and particulars required by sub-paragraphs (2) to (5). (2)

A medical certificate issued by a Government hospital or clinic may be in the preprinted form produced by the Ministry of Health, a sample of which appears at Form 267 of Appendix A. A medical certificate issued by a restructured hospital or specialist centre may also be in a pre-printed form similar to the sample which appears at Form 267 of Appendix A. The pre-printed medical certificate must: (a)

be completely and properly filled in;

(b)

contain the name of the medical practitioner who issued the medical certificate;

(c)

state the name of the hospital or clinic in which the medical practitioner practices;

(d)

indicate that the person to whom the certificate is issued is unfit to attend Court, and specify the date(s) on which he is unfit to attend Court;

(e)

be signed in full by the medical practitioner and must not be merely initialled; and

(f)

be authenticated by a rubber stamp showing the medical practitioner’s full name and his designation in the hospital or clinic, as the case may be.

(3)

(4)

(5)

If a medical certificate is not in Form 267 of Appendix A, then the medical certificate should: (a)

be addressed to the Court for which the certificate was intended. It must not merely be addressed to “whomsoever-it-may-concern”. Where the patient is unable to furnish the name of the judicial officer concerned, the relevant medical certificate may be addressed to “The District Judge/Magistrate, Family Courts” or “The Registrar, Family Justice Courts”, as the case may be;

(b)

identify clearly the name of the medical practitioner who issued the certificate;

(c)

state the name of the hospital or clinic from which it had been issued;

(d)

be signed in full by the medical practitioner and not merely initialled;

(e)

be authenticated by a rubber stamp showing the medical practitioner’s full name, designation and any other relevant particulars;

(f)

contain the diagnosis of the patient concerned, if any (unless the diagnosis cannot or should not normally be disclosed);

(g)

contain a statement to the effect that the person to whom the certificate had been issued is medically unfit to attend Court, and specify the date(s) on which the person is unfit to attend Court; and

(h)

bear the date on which it was written, and where this differs from the date of consultation this must be clearly disclosed.

If any portion of the information set out in sub-paragraph (3) is not found in the medical certificate proper, such information should be included in a memorandum attached to the medical certificate. This memorandum must similarly: (a)

identify clearly the name of the medical practitioner who issued the memorandum;

(b)

contain the name of the hospital or clinic from which it was issued;

(c)

be signed in full by the medical practitioner and not merely initialled; and

(d)

be authenticated by a rubber stamp showing the medical practitioner’s full name and designation.

All information and details in any medical certificate or any memorandum must be clearly and legibly printed.

(6)

If the Directions set out in sub-paragraphs (2) to (5) are not complied with, the Court may reject the medical certificate and decline to excuse the absence from Court of the person to whom the medical certificate was issued. The Court may then take any action it deems appropriate.

(7)

This Paragraph shall apply to all proceedings in the Family Justice Courts, whether in open Court or in camera.

163. Publication Of & Reports and Comments on Court Cases (1)

This paragraph applies to solicitors, litigants (whether acting by solicitors or in person), the media and all other persons reporting on or commenting about cases which are before any court (“court cases”). All categories of persons mentioned above are collectively referred to as “all concerned”.

(2)

All concerned are reminded that reports or comments in public on court cases must not flout any existing law or order of court or be calculated to affect, or be reasonably capable of affecting, the outcome of any decision by the court.

(3)

All concerned are not to publish, report or comment on publicly any affidavit or statutory declaration which has not been adduced as evidence or referred to in any hearing in open Court or in Chambers or any other court document which has not been served on the relevant party or parties in the court proceedings.

(4)

All concerned are not to publish, report or comment on publicly any statements made in Chambers by anyone which is expressly stated to be confidential or is impliedly confidential. Solicitors may inform their clients of statements made in Chambers when it is necessary for them to render proper advice to their clients.

164. Citation of Case Numbers (1)

All originating processes and summons filed in the Family Justice Courts on or after 2 January 2015 shall bear case numbers in the following format:

Description of Court/Type of Application [Case number]/Year filed For example: Case Number Format HCF/P [Case Number] [Year filed] HCF/OSF [Case Number] [Year filed] FC/P [Case Number] [Year filed] FC/D [Case Number] [Year filed] (2) (3)

Type of Case / Probate case filed in Family Division of the High Court / Originating summons filed in Family Division of the High Court / Probate case filed in the Family Courts / Originating summons filed in the Family Courts

Parties are to cite the case number in full in all documents and correspondence which are submitted to the Court. Please take note that the court forum prefix will not be shown in the Electronic Queue Management System. Counsel and parties should disregard the court forum prefix when taking their queue numbers.

165. The Electronic Queue Management System (1)

The Electronic Queue Management System (EQMS) is used for hearings and conferences in the Family Justice Courts except the following:(a)

Youth Courts;

(b)

Mentions in the Family Courts;

(c)

Trials in the Family Courts; and

(d)

Open Court Hearings in Family Courts.

(2)

When taking queue numbers at the EQMS kiosk, solicitors should indicate they are ready for hearing by taking the queue number for the opposing party.

(3)

The Judge or Registrar has the full discretion to manage the queue and call cases in the EQMS in a manner which he or she deems fit.

(4)

Senior Counsel will continue to be given the precedence and the right of preaudience according to paragraph 166.

(5)

If a hearing or conference is being conducted in the Supreme Court building, solicitors shall use the Electronic Queue Management System as set out in the Supreme Court Practice Directions.

166. Precedence and preaudience of Senior Counsel (1)

By virtue of section 31 of the Legal Profession Act (Cap. 161) and existing custom and usage, Senior Counsel are given precedence and the right of preaudience.

(2)

In order to give substance to the principle of precedence and preaudience to Senior Counsel, Senior Counsel who intend to appear before Judges or Registrars for summonses hearings should inform the Registrar in writing not later than two clear days before the scheduled hearing date. Matters involving Senior Counsel will thereafter be listed first, in the order of their precedence. If Senior Counsel do not appear at the time their matters come on for hearing according to the list, they will have to wait for their turn in accordance with their queue numbers given by the Queue Management System in the Family Justice Courts, subject to the Judge’s or Registrar’s overriding discretion.

(3)

All other counsel, including those who appear on behalf of Senior Counsel, will continue to be heard in the order of their queue numbers in accordance with the current practice in the Family Justice Courts, subject to the Judge’s or Registrar’s overriding discretion.

167. Court dress Trials in Court (1) For Family Division in the High Court, (a) the attire for male advocates and solicitors appearing in trials or in open Court will be the existing gown worn over an ordinary long-sleeved white shirt with a turndown collar, a tie of a subdued or sober colour, a dark jacket, dark trousers and black or plain coloured shoes; and (b) the attire for female advocates and solicitors appearing in trials or in open Court will be the existing gown worn over a long-sleeved white blouse high to the neck, a dark jacket, a dark skirt or dark trousers and black or plain coloured shoes. Conspicuous jewellery or ornaments should not be worn. (2)

The attire for Senior Counsel shall be as described in sub-paragraphs (1), save that, for hearings, they may, instead of the existing gown, wear a gown in the design of those worn by the Queen’s Counsel of England and Wales and made of the following material: (a) silk; (b) silk and wool mix; or (c) artificial silk.

(3)

For Family Courts and Youth Courts, the attire for appearing in trials or in open Court shall be as per sub-paragraph (4).

Hearings in Chambers (4)

When appearing before the Judge or Registrar in Chambers, the attire for both male and female advocates and solicitors will be the same as for trials and open Court, save that the gown need not be worn.

Mediations (5)

For mediations: (a)

The attire for male advocates and solicitors will be as in sub-paragraph (4) save that a single-coloured shirt of neutral or subdued shades instead of a white shirt may be worn.

(b)

The attire for female advocates and solicitors will be as in sub-paragraph (4) save that a single-coloured blouse or a single-coloured dress of neutral or subdued shades instead of a white blouse may be worn.

168. Requests and other Correspondence General Correspondence (1)

All Requests relating to or in connection with any family proceedings in the Family Courts and Family Division of the High Court shall be addressed to the Registrar and sent to the Registry of the Family Justice Courts.

(2)

For cases which have been commenced electronically, a letter shall be sent to the Court by a law firm only using the Electronic Filing Service. If a letter is sent to the Court by a law firm in any other way, it is liable to be rejected. This sub-paragraph does not apply to litigants in person.

(3)

In addition, all letters should be captioned with the number of the cause to which they relate and the names of the parties. For example: ‘DIVORCE WRIT NO. 12345 OF 2015 Between AB and CD’

(4)

If the correspondence relates to an interlocutory application or applications, the reference number, hearing date and time of that application or those applications should be stated in the caption below the parties' names. For example: "SUMMONS NO. 98765 OF 2015 CASE CONFERENCE ON 1 JANUARY 2015 at 2:30PM"

Request to adjourn, refix or vacate a hearing date (5)

A request for a hearing date to be re-fixed shall be in Form 268 in Appendix A to these Practice Directions and sent to the Registry of the Family Justice Courts as soon as possible and at least 7 working days prior to the hearing date.

(6)

Before parties write to the Court to request an adjournment or vacation of any hearing other than a trial, they should seek the consent of the other party or parties to the matter. Unilateral requests made without first seeking the consent or views of the other party or parties to the matter will not be entertained, except in the most exceptional circumstances.

(7)

If the consent of all other parties to the matter is obtained, the request should state that all parties have consented to the request for the adjournment or vacation. However, this does not mean that the request will be granted as a matter of course. The Court will still evaluate the merits of the request before making its decision.

(8)

If the consent of one or more of the other parties is not obtained, the request should set out the reasons for the other parties’ objections, or explain why the consent of one or more of the other parties cannot be obtained. Any relevant correspondence between the parties should also be annexed. The Court will then evaluate the contents of the request and the relevant correspondence before deciding whether the request should be allowed.

(9)

Where the reason for re-fixing of the hearing is a conflict of court dates, the following information relating to both court cases must be stated in the request: (a)

the case number;

(b)

the date and time of the hearing;

(c)

the nature of hearing;

(d)

the date when the applicant was informed of the hearing date or agreed to accept the hearing date (e.g. date of Registrar’s Notice or date of case conference or Court mentions when the date was taken);

(e)

in the event the family proceedings hearing date was fixed earlier, whether the court subsequently giving the same hearing date was informed of the family proceedings hearing already fixed; and

(f)

in the event the family proceedings hearing date was fixed later, whether the Family Justice Courts was informed of the earlier hearing date and the reasons for the earlier date.

(10)

Compliance with the directions in this Paragraph will facilitate the expeditious location of the relevant cause file.

(11)

If a letter is sent to the Court by a law firm without the information specified in subparagraph (3) and (4), it is also liable to be rejected.

(12)

All correspondence to Court relating to or in connection with any pending matter shall be copied to all other parties in the matter or to their solicitors unless there are good reasons for not so doing. Solicitors are further reminded that the Court should not be copied on correspondence between parties or their solicitors. The Registry has the discretion to reject or refuse to act on any inappropriate or ex parte correspondence.

(13)

Registrar’s Directions and Notices from the Registry will be sent to law firms who are registered users of the Electronic Filing Service through the Electronic Filing Service.

(14)

Registered users are to ensure that the inbox of their Electronic Filing Service account(s) are checked and cleared regularly.

169. Request for court interpreters (1)

Any party requiring the services of an interpreter of the Court for any of its witnesses at a hearing must inform the Registrar in writing:(i) (ii)

within 7 working days from the date of the case conference or other proceeding at which the hearing date is fixed; or 2 weeks before the day when the interpreter is required,

whichever is earlier. This practice is to be followed for all fresh and adjourned hearings, whether in Court or in chambers. (2)

Where an interpreter is required and the Registrar has not been so informed, any deployment of an interpreter will be subject to availability.

(3)

The Request should contain the following information: (a)

the Case number;

(b)

the parties to the suit;

(c)

the names of witness(es) requiring an interpreter;

(d)

the Court/Chamber number;

(e)

the stage of the proceedings (e.g. fresh or adjourned hearing);

(f)

the date and time of hearing (in the event the hearing is fixed for more than 1 day, the date and time on which the interpreter’s services are required);

(g)

the number of days for which the interpreter’s services are required; and

(h)

the language/dialect spoken by the witness(es) requiring the services of the interpreter.

(4)

Where the services of the interpreter requested are no longer required prior to the start of the hearing, such as in the event of a settlement prior to the trial, the party who has requested the services of the interpreter must inform the Registrar in writing immediately.

(5)

This directions in this Paragraph shall apply to all proceedings in Family Justice Courts, except that for proceedings in the Family Courts and Family Division of the

High Court, the requesting party must file a “Request for Hearing Administrative Support” through the Electronic Filing Service.

170. Authorisation for collection of mail and Court documents (1)

All law firms are to indicate their authorisation for any particular person to collect Court documents or mail from the Family Justice Courts on their behalf by providing such person with a card which shall conform with the specimen set out in Form 269 of Appendix A.

(2)

The card shall: (a)

be clearly typed;

(b)

measure 8.50 cm x 5.00 cm;

(c)

be laminated, or held in a clear plastic envelope, case or wallet;

(d)

be numbered, sealed, signed and dated by the issuing law firm; and

(e)

remain valid only up to 31 December of each year, provided always that no card shall be valid for any period exceeding one year.

(3)

Law firms remain responsible to recall and cause to be destroyed any such cards issued to persons whose authority to collect that firm's documents has been revoked. The Registry of the Family Justice Courts must be immediately informed in writing of any lost or misplaced cards.

(4)

Court documents and mail will only be released to Court clerks bearing such written authorization. However, any solicitor may collect documents and mail on behalf of his firm and any litigant in person may collect documents and mail intended for him in any matter in which he is a party.

(5)

Cards which are valid in the Supreme Court are deemed valid in the Family Justice Courts.

Part XV- Litigants in Person 171. The Family Court Friend Scheme (1)

The Court may, at any stage of proceedings, refer an unrepresented litigant to the Community Justice Centre or such other pro-bono agency for the assignment of a Family Court Friend to assist him by providing administrative and emotional support in the conduct of his case such as: (a)

providing information on court procedure and processes as well as avenues for assistance outside the court process;

(b)

subject to sub paragraph (2), assisting in the preparation and filing of court documents;

(c)

providing emotional and moral support throughout the court process;

(d)

assisting in court hearings by helping unrepresented litigants undertake tasks e.g. taking notes of court proceedings and organizing documents for use in court.

(2)

The Family Court Friend may attend court hearings, including hearings conducted in camera, but will not be allowed to provide legal advice and/or legal representation. He should also not address the court.

(3)

The Family Court Friend shall not reveal any information to any third party, any information relating to the proceedings he/she is assigned to.

APPENDIX A FORM 1 R. 39

(SECTION 94 ORIGINATING SUMMONS FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Originating Summons No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

ORIGINATING SUMMONS FOR THE DISSOLUTION OF MARRIAGE PURSUANT TO SECTION 94 OF THE WOMEN’S CHARTER (CAP. 353) To: [Defendant] [Defendant’s address] 1.

The Plaintiff applies for the following orders That the Plaintiff be at liberty to file a writ of summons for dissolution of the marriage notwithstanding that 3 years have not passed since the marriage was registered on [date of registration of marriage]. [Please specify if any other order(s) is/are sought]

*This Summons is taken out by [to state name], solicitor for the abovenamed Plaintiff whose particulars are as follows [to state address]. *(If the Plaintiff is unrepresented) This Summons is taken out by the abovenamed Plaintiff who resides at [to state address]/(and if the Plaintiff does not reside within the jurisdiction) whose address for service is [to state address]. *Delete where inapplicable. Registrar. Note: 1. This originating summons may not be served more than 6 months after the above date unless renewed by order of the Court. 2. If a defendant does not attend personally or by his counsel or solicitor at the time and place abovementioned, the Court may make such order(s) as it deems just and expedient. 3. Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons, he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant not later than 7 days after the service of the originating summons.

FORM 2 R. 39

(NOTICE OF SECTION 94 ORIGINATING SUMMONS FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Originating Summons No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

NOTICE TO DEFENDANT OF ORIGINATING SUMMONS FOR THE DISSOLUTION OF MARRIAGE Take Notice that the Plaintiff has taken out an Originating Summons in court seeking an order that he/she* be at liberty to file a writ of summons for dissolution of the marriage notwithstanding that 3 years have not passed since the date of the marriage. You are required to complete the acknowledgment below and send it to the Plaintiff’s solicitor/Plaintiff*. If you wish to be heard on the application, you must attend at the time and place specified on the front cover of the Originating Summons. If you do not attend, the court may proceed to hear the application in your absence and make such order as it thinks just and expedient. Acknowledgment I, the Defendant, acknowledge that I have received a copy of the Originating Summons and the affidavit filed in support of the Originating Summons. Signed (Defendant): Name: ID No.: Date: *Delete where inapplicable.

FORM 3 R. 41

(WRIT FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

WRIT FOR DIVORCE/PRESUMPTION OF DEATH AND DIVORCE/JUDICIAL SEPARATION/NULLITY OF MARRIAGE/RESCISSION OF JUDGMENT OF JUDICIAL SEPARATION* The Defendant [Defendant’s name] [Defendant’s address] *Defendant is a person under disability [To state particulars of disability] THIS WRIT OF SUMMONS has been issued against you by the Plaintiff in respect of the claim endorsed herein. Copies of the following documents are delivered with this Writ: (a)

Statement of Claim

(b)

Statement of Particulars

(c)

Acknowledgment of Service

(d)

Memorandum of Appearance

(e)

Agreed/Proposed* Parenting Plan*

(f)

Agreed/Proposed* Matrimonial Property Plan (For Housing Development Board flats only)*

(g)

Instructions to the Defendant on obtaining the relevant CPF statement and additional CPF information (if applicable)*

[Plaintiff’s Solicitor’s name] [Plaintiff’s Law Firm’s name] Solicitor for the Plaintiff

Registrar Family Justice Courts Singapore

This Writ may not be served more than 12 calendar months after the date of its issue unless renewed by order of court. Notice to Defendant

1.

You must complete the following documents which are annexed to this Writ: (a)

the Acknowledgment of Service (Defendant) Form and return it immediately to the Plaintiff’s solicitor or the Plaintiff (if unrepresented).

(b)

the Memorandum of Appearance (Defendant) Form (MOA), and file** it in court within 8/21* days from the day on which you have received this Writ. If you do not file the MOA within the time-frame above, you are NOT entitled to be heard in these proceedings. This means that the court may, without notice to you, proceed to hear the action and pronounce judgment in your absence, and make all further orders in the proceedings without further reference to you.

2.

If you intend to defend the Writ, you must file a Defence or a Defence and Counterclaim in court within 22/35* days from the day on which you have received this Writ. You must serve a copy of the said document on the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 2 working days after filing the Defence or Defence and Counterclaim.

3.

*You have been served with a Plaintiff’s Proposed Parenting Plan. You must complete one of the following:

4.

(a)

If you agree to the arrangements set out in the Plaintiff’s Proposed Parenting Plan, you should sign the appropriate section in the form set out in Annex A [Defendant’s Agreement (Parenting Plan) Form]. You must return the signed relevant page to the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 22/35* days from the day on which you have received it.

(b)

If you do not agree to the arrangements set out in the Plaintiff’s Proposed Parenting Plan, you must file a Defendant’s Proposed Parenting Plan (in the form set out in Annex B) to state your proposed arrangements for the children of the family. Your plan must be filed in court within 22/35* days from the day on which you have received this Notice. If you do so, you must serve a copy of the said document on the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 2 working days after filing it in court.

*You have been served with a Plaintiff’s Proposed Matrimonial Property Plan (for Housing Development Board flats only). You must comply with the following: (a)

You must obtain the relevant CPF statements and additional CPF information (if applicable) within 22/35* days from the day on which you have received it. Please read the instructions delivered with this Writ on how to do this.

(b)

If you agree to the arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (for Housing Development Board flats only), you should sign the appropriate section in the form set out in Annex A [Defendant’s Agreement (Matrimonial Property Plan) Form]. You must return the said document to the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 14 days from the day on which you have obtained the relevant CPF statements and additional CPF information (if applicable).

(c)

5.

If you do not agree to the arrangements set out in the said Plaintiff’s Proposed Matrimonial Property Plan (for Housing Development Board flats only), you must file a Defendant’s Proposed Matrimonial Property Plan to state your proposed arrangements in respect of the matrimonial property. Your plan must be filed in court, within 14 days from the day on which you have obtained the relevant CPF statements and additional CPF information (if applicable). If you do so, you must serve a copy of the said document on the Plaintiff’s solicitor or the Plaintiff (if unrepresented) within 2 working days after filing it in court.

If you intend to instruct a solicitor to act for you, you should at once give him all the documents which have been served on you, so that he may complete the relevant forms on your behalf within the time specified in paragraphs 1/2/3/4* above.

Plaintiff’s Address for Service [The Plaintiff’s address for service, if the Plaintiff sues by a solicitor, shall be the solicitor’s name or firm and address, or, if the Plaintiff sues in person, shall be his place of residence as given under paragraph 2(a) of the Statement of Claim or, if no place of residence in Singapore is given, the address of a place in Singapore at or to which documents for him may be delivered or sent.] *Delete where inapplicable. **All references to the filing of documents in court shall refer to filing by using the electronic filing service.

FORM 4 R. 41, 42

(SUMMONS FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

SUMMONS (EX-PARTE*) 1.

Orders Applied For

2.

Grounds of application [Choose one of the following.] (a)

The grounds of the application are set out in the affidavit(s)* filed in support of this application.

(b)

The grounds of the application are set out herein.

3.

Party Filing this Summons (e.g. Plaintiff, Defendant, Co-Defendant, etc.)

4.

Party/Parties* to be Served with this Summons (e.g. Plaintiff, Defendant, Co-Defendant, etc.)

5.

Consent* I/We* hereby consent to this Summons. Signature: Name and ID No. of Party consenting to this Summons/Name of the Solicitor of Party consenting to this Summons*: Date:

This Summons is taken out by [to state name of party taking out this summons] [to state Plaintiff’s solicitor’s name and name and address of law firm (if Plaintiff represented by solicitor) or Plaintiff’s address for service in Singapore] *Delete where inapplicable.

FORM 5 R. 43

(NOTICE OF RENEWAL FORM) NOTICE OF RENEWAL OF WRIT OF SUMMONS/ORIGINATING SUMMONS* Renewed for [to state number] months from [to state date] by an order of court dated [to state date]. Solicitor for the Plaintiff/Name of Plaintiff (if unrepresented)* Name and address of Law Firm/Address of Plaintiff* *Delete where inapplicable.

FORM 6 R. 44, 48, 83

(STATEMENT OF CLAIM (DIVORCE/JUDICIAL SEPARATION) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

STATEMENT OF CLAIM FOR NULLITY*/DIVORCE*/JUDICIAL SEPARATION*/PRESUMPTION OF DEATH AND DIVORCE* 1.

The Marriage between Plaintiff and Defendant (the marriage) (a)

Date and place of solemnization of the marriage:

(b)

Date and place of registration of the marriage:

(c)

*Marriage Certificate Singapore):

(d)

*The date of the marriage is less than 3 years before the date of filing of this Writ. The court has granted leave to the Plaintiff to file this Writ before the said 3 years have passed on [to state date] in Originating Summons Number [to state number]*.

Number

(for

marriage

registered

in

[The Statement of Particulars shall annex a copy of the marriage certificate.] 2.

Particulars of Parties (a)

(b)

(c)

Plaintiff Age:

Citizenship:

Religion:

Education Level:

Occupation:

Current address:

Defendant Age:

Citizenship:

Religion:

Education Level:

Occupation:

Current address:

The last address at which the parties to the marriage have lived together as husband and wife: [to state address]

3.

Jurisdiction

(a)

(b)

*The court has jurisdiction based on domicile. [Choose one of the following] (i)

The Plaintiff/The Defendant/Both the Plaintiff and the Defendant* is a/are* Singapore citizen(s).

(ii)

Neither the Plaintiff nor the Defendant is a Singapore citizen. [The Statement of Particulars shall set out the reasons for which the court has jurisdiction based on domicile.]

*The court has jurisdiction based on habitual residence. [Choose one of the following] (i)

The Plaintiff has been habitually resident in Singapore for a period of 3 years immediately preceding the date of the filing of the writ.

(ii)

The Defendant has been habitually resident in Singapore for a period of 3 years immediately preceding the date of the filing of the writ. [The Statement of Particulars is to state the relevant details in either case, including:

4.

(A)

Address(es) of the place(s) of residence; and

(B)

The length of residence at each place.]

Children [To state, in respect of each living child of the marriage] S/N

Name of child:

BC/ID number:

Date of Birth:

Gender:

Any disability or illness?

[If the child is suffering from serious disability or chronic illness or from the effects of that illness, state the nature of the disability or illness and in the Statement of Particulars, attach a copy of any up-todate medical report which is available.]

Child over 21 (whether in educational institution, national service, or mentally/physically disabled

[In the case of a child above the age of 21 years, to state whether he is receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation and whether he is suffering from a mental or physical disability and whether he is or will be serving full-time national service.*]

Is child under care?

[If the child is under the care or custody of an approved school or approved home established under the Children and Young Persons Act (Cap. 38), give details, and state the date of any order for care or custody and the circumstances which gave rise to its being made.]

The following child(ren) are born to the wife during the marriage: S/N.

Name of child:

BC/ID number:

Date of Birth:

Gender:

Is there a dispute whether the living child is a child of the marriage?

5.

Related Proceedings To state if there are or have been other proceedings in [Singapore/elsewhere (to specify)] with reference to the marriage, or to any children of the marriage, or between the Plaintiff and the Defendant with reference to maintenance or to any property of either or both of them. If there are or have been such proceedings, to complete the following section: S/N

Nature of proceedings: Suit number:

Date of Decree/order/judgment:

Date of application

Country where proceedings filed:

Details of applied/made:

Order

Status of Proceedings if no Decree/order/judgment made: Plaintiff Details:

Bankruptcy

Pending Details:

Bankruptcy

[The Statement of Particulars is to state details of the pending bankruptcy proceedings.]

6. Ground on which Relief is Sought [Choose one of the following] The marriage is void (a) *(For marriages that took place after 1st June 1981) The marriage is not valid under section 105 of the Women’s Charter: [Choose one or more of the following] (i)

by virtue of section 3(4)/5/9/10/11/12/22* of the Women’s Charter

(ii)

(for marriages celebrated outside Singapore) for the lack of capacity

(iii) (for marriages celebrated outside Singapore) under the law of the place in which the marriage was celebrated. (b)

*(For marriages that took place on or before 1st June 1981) The marriage is not valid for the reasons stated in the Statement of Particulars. (c) *(For marriages that took place on or after 1 July 2016) The marriage is not valid by virtue of s11A of the Women’s Charter.

OR The marriage is voidable (a)

*(For marriages that took place after 1st June 1981) The marriage is voidable under section 106 of the Women’s Charter on the following ground(s): [Choose one or more of the following] (i)

That the marriage has not been consummated owing to the incapacity of either party [please specify] to consummate it.

(ii)

That the marriage has not been consummated owing to the wilful refusal of the Defendant to consummate it.

(iii) That the Plaintiff/Defendant* did not validly consent to the marriage, in consequence of duress and/or mistake* and/or unsoundness of mind/lack of capacity* and/or the facts stated in the Statement of Particulars [please specify in the Statement of Particulars]. (iv) That at the time of the marriage the Plaintiff/Defendant* though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act (Cap. 178A) of such a kind or to such an extent as to be unfit for marriage. (v)

That at the time of the marriage the Defendant was suffering from venereal disease in a communicable form, and the Plaintiff was at the time of the marriage ignorant of the facts alleged.

(vi) That at the time of the marriage the Defendant was pregnant by some person other than the Plaintiff and the Plaintiff was at the time of the marriage ignorant of the facts alleged. (b)

*(For marriages that took place on or before 1st June 1981) The marriage is voidable for the reasons stated in the Statement of Particulars. [Full particulars of the individual facts relied on but not the evidence by which they are to be proved, and any other relevant information, to be stated in the Statement of Particulars.]

OR The marriage has broken down irretrievably* Fact(s) relied upon for the irretrievable breakdown of the marriage (for the purposes of section 95(3) of the Women’s Charter): [Choose one or more of the following]

(a)

That the Defendant has committed adultery and the Plaintiff finds it intolerable to live with the Defendant.

(b)

That the Defendant has behaved in such a way that the Plaintiff cannot reasonably be expected to live with the Defendant.

(c)

That the Defendant has deserted the Plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ.

(d)

That the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the Defendant consents to a judgment being granted. [The Statement of Particulars is to annex a copy of the Defendant’s consent if available.]

(e)

That the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ. [Full particulars of the individual facts relied on but not the evidence by which they are to be proved, and any other relevant information, to be stated in the Statement of Particulars.]

OR That the Defendant be presumed dead and the divorce be granted* (a)

Circumstances in which Parties Ceased to Cohabit [To state the circumstances in which the parties ceased to cohabit, and the last place at which they cohabited.]

(b)

(c)

Last Contact with Defendant (i)

Date when the Defendant was last heard of:

(ii)

Place where the Defendant was last seen:

Steps Taken to Trace the Defendant [To state particulars of steps taken to trace the Defendant and any other relevant information in the Statement of Particulars.] In the circumstances, from [to state date] until now, the Defendant has been continually absent from the marriage life with the Plaintiff and the Plaintiff has no reason to believe that the Defendant has been living within this time.

7.

Relief Claimed To state the particulars of relief claimed by the Plaintiff, including any claim for ancillary relief. [Choose one or more of the following] (a)

That the marriage be declared null and void*. OR That the marriage be dissolved*. OR That a judgment of judicial separation be granted*. OR That a judgment of presumption of death and divorce be granted*.

(b)

Custody* of and/or care and control* of the child/children* of the marriage That the Plaintiff/Defendant* be granted sole/joint* custody of the child/children* of the marriage with care and control to the Defendant/Plaintiff*.

(c)

Access to the child/the children* of the family That the Plaintiff/Defendant* be granted reasonable/liberal* access to the child/children* of the marriage or access as follows: [to state terms of access]

(d)

Division of the matrimonial home That the matrimonial home at [to state the address of the matrimonial home] be sold in the open market and the sale proceeds/loss*, after deducting the outstanding loan and costs and expenses of sale are to be divided [to state the manner of division]. Parties are to refund moneys into their respective CPF accounts from their own share of the sale proceeds. OR That Plaintiff’s/Defendant’s* right, title and interest in the matrimonial flat at [to state the address of the matrimonial home] shall be transferred (other than by way of a sale) to the Defendant/Plaintiff* upon the Plaintiff/Defendant* [to state the consideration for the transfer]. The Plaintiff/Defendant* is to bear the cost and expenses of the transfer. OR That Plaintiff’s/Defendant’s* right, title and interest in the matrimonial flat at [to state the address of the matrimonial home] shall be sold to the Defendant/Plaintiff* upon the Plaintiff/Defendant* [to state the consideration for the sale]. The Plaintiff/Defendant* is to bear the cost and expenses of the sale. OR That the matrimonial home at [to state the address of the matrimonial home] be surrendered to the Housing Development Board and any proceeds/loss* to be divided [to state the manner of division] between the parties. OR Others [please specify]

(e)

Division of the matrimonial assets (other than the matrimonial home) [To specify the asset and the nature of division]

(f)

Maintenance for the wife / incapacitated husband* That the Plaintiff/Defendant* shall pay $[to state the amount] each month as maintenance for the Plaintiff/Defendant* with effect from [date] and thereafter on the [day of the month] of each month. Payment into the Plaintiff’s/Defendant’s [to state name of bank] bank account number [to state the bank account number]. OR

That there be no maintenance for Plaintiff/Defendant*. OR Others [please specify] (g)

Maintenance for the child/children* of the marriage That the Plaintiff/Defendant* shall pay $[to state the amount] each month as maintenance for the child/children* of the marriage with effect from [date] and thereafter on the [day of the month] of each month. Payment into the Plaintiff’s/Defendant’s/Child’s [to state the name of the child] [to state name of bank] bank account number [to state the bank account number].

(h)

Costs That there is no order as to costs. OR That the Defendant pay costs of the divorce proceedings fixed at [to state amount of costs].

(i) 8.

Others [please specify]:

Housing and Development Board (HDB) flat One of the matrimonial assets in respect of which relief is being sought is an HDB flat. (a)

The Agreed/Proposed* Matrimonial Property Plan (For Housing and Development Board flats only) is filed together with this Writ.

(b)

The Plaintiff/Plaintiff’s Solicitor* has made enquiries with HDB/HDB and the Central Provident Fund Board (CPFB)* on [to set out respective dates] and has not received any reply from HDB/CPFB/HDB and CPFB*. [The Statement of Particulars shall annex copies of the said letters.]

*Delete where inapplicable.

FORM 7 R. 44, 48

(STATEMENT OF CLAIM (RESCISSION OF JUDGMENT OF JUDICIAL SEPARATION) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

STATEMENT OF CLAIM FOR THE RESCISSION OF JUDGMENT OF JUDICIAL SEPARATION (BY SPOUSE AGAINST WHOM JUDGMENT OF JUDICIAL SEPARATION IS MADE) 1.

2.

Proceedings in which the Plaintiff is seeking the Rescission of Judgment of Judicial Separation (a)

Petition/Divorce Suit* Number:

(b)

Date of Grant of Judgment of Judicial Separation:

Grounds for Rescission of Judgment of Judicial Separation (a)

*Judgment of Judicial Separation obtained in the absence of the Plaintiff.

(b)

*The ground of the Judgment of Judicial Separation was desertion and the Plaintiff had reasonable cause for the alleged desertion.

[Full particulars of the individual facts relied on but not the evidence by which they are to be proved, together with any other relevant information, to be stated in the Statement of Particulars.] 3. Relief Claimed To state the particulars of relief claimed by the Plaintiff, including any claim for ancillary relief. (a)

That the Judgment of Judicial Separation be rescinded

(b)

Costs

(c)

Others [please specify]:

*Delete where inapplicable.

FORM 8 R. 44, 48, 83

(STATEMENT OF PARTICULARS FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

STATEMENT OF PARTICULARS 1.

The particulars of paragraph(s) [to state the relevant paragraphs] of the Statement of Claim are set out below: [to state particulars]

2.

*If there are any pending bankruptcy proceedings stated in paragraph 5 of the Statement of Claim, to state the following particulars of the bankruptcy proceedings:

3.

(a)

The suit number:

(b)

Whether creditor’s bankruptcy application or debtor’s bankruptcy application:

(c)

Name of Creditor:

(d)

Amount of debt claimed:

(e)

Status of proceedings:

The following documents are annexed herein: (a)

Copy of the Marriage Certificate (Exhibit [to state number])

(b)

*Consent of the Defendant to a judgment being granted on the ground of 3 years’ separation (Exhibit [to state number])

(c)

Copy of the search result on information relating to bankruptcy proceedings against the Plaintiff and the Defendant pending as at (to state date, which shall not be later than 7 days immediately preceding the date of filing of this Writ]. (Exhibit [to state number])

(d)

*Any relevant up-to-date medical report for a maintenance claim by an incapacitated husband (Exhibit [to state number]) Any other document(s) [please specify] (Exhibit [to state number])

(e)

4.

The Plaintiff is aware of*, or has been informed by the solicitor acting for him about*, the options of family mediation or counselling, before filing the writ.

Signature: Name of Plaintiff/Plaintiff’s Solicitor* Date: *Delete where inapplicable.

FORM 9 R. 44, 47, 48, 60, 84

(NOTICE OF PROCEEDINGS (OTHER PARTY) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

NOTICE TO A CO-DEFENDANT/DEFENDANT IN COUNTERCLAIM/PERSON ENTITLED TO INTERVENE/OTHER PARTY (TO SPECIFY)* (in the case of a Writ of Summons and Statement of Claim/Defence/Counterclaim based on adultery or improper association) 1.

NOTICE OF PROCEEDINGS

2.

ACKNOWLEDGMENT APPEARANCE

OF

SERVICE/MEMORANDUM

OF

To: [state name and ID number of Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party (To specify)*] 1.

NOTICE OF PROCEEDINGS

(a)

Take Notice that a Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/Other Document [please specify]* has been filed in the High Court by [Plaintiff’s/Defendant’s Name].

(b)

A copy of the Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/Other Document [please specify]* is delivered with this Notice.

(c)

Please read the instructions set out in Part 2 of this Notice carefully.

*Delete where inapplicable.

2. ACKNOWLEDGMENT APPEARANCE

OF

SERVICE/MEMORANDUM

OF

(a) You must complete the form in Annex A which is known as the Acknowledgment of Service (Other Party) Form and return it immediately to the Plaintiff’s solicitor or the Plaintiff (if unrepresented).

(b)

You must also complete the form in Annex B which is known as the Memorandum of Appearance (Other Party) Form (MOA), and file** it within 8/21* days from the day on which you have received this Writ/Defence/Defence and Counterclaim/Other Document [please specify]*. If you do not file the MOA within such time, you are NOT entitled to be heard in these proceedings. This means that the court may, without notice to you, proceed to hear the action and pronounce judgment in your absence, and make all further orders in the proceedings without further reference to you.

(c)

If you intend to instruct a solicitor to act for you, you should at once give him all the documents which have been served on you, so that he may complete the relevant forms on your behalf within the time specified in paragraphs (a) and (b) above.

*Delete where inapplicable. **All references to the filing of documents in court shall refer to filing by using the electronic filing service.

[Attach Annexes A and B to this form on separate pages.] Annex A — Acknowledgment of Service (Other Party) Form [Set out Form 15] Annex B — Memorandum of Appearance (Other Party) Form [Set out Form 16]

FORM 10 R. 45

(AGREED PARENTING PLAN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

AGREED PARENTING PLAN 1.

Particulars of the child/children* of the Marriage [to state, in respect of each child]:

2.

(a)

Name:

(b)

Birth Certificate/ID Number:

Agreement in Respect of Arrangements for the child/children* (a) The following arrangements have been agreed for the children: [to state, in respect of each child] (i)

Residence [state where the child is to live with particulars of accommodation and what other persons live there, with their names and relationship to the child stated]

(ii)

Care giver [state who is to look after the child during the day, at night, during weekends and school holidays]

(iii) Education, etc. [state the school or other educational establishment which the child will attend, or if he is working, his place of employment, the nature of his work and details of any training he will receive] (b)

Orders Sought

I am seeking, with the Defendant’s consent, the following orders to be made by the court: (i) [Set out details of any agreement between parties regarding custody, care and control of and access to the children of the marriage. If orders for split care and control of the children of the marriage are being sought, e.g. for care and control of one child to be granted to one parent, and for care and control of the other child to be granted to the other parent, to set out the reasons why such orders for split care and control are in the best interests of the children of the marriage in an affidavit, which should be attached to this Parenting Plan]

(ii) 3.

[Set out details of any agreement between parties regarding maintenance for the children of the marriage]

Defendant’s Agreement [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] (a)

I, the Defendant, agree with the arrangements set out in this paragraph. Signature of Defendant: Name: ID No.: Date: Signed by the Defendant before me, a Commissioner for Oaths:

(b)

The Defendant agrees with the arrangements set out in this paragraph. Signed on behalf of the Defendant by the Defendant’s solicitor:

Signed (Plaintiff/Plaintiff’s Solicitor*): Date: *Delete where inapplicable.

FORM 11 R. 45

(PLAINTIFF’S PROPOSED PARENTING PLAN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

PLAINTIFF’S PROPOSED PARENTING PLAN 1.

Particulars of the Child/Children* of the Marriage [to state, in respect of each child]:

2.

(a)

Name:

(b)

Birth Certificate/ID Number:

Current Arrangements The current arrangements for the child/children* of the marriage are as follows: [to state, in respect of each child] (a)

Residence [state where the child is currently living with particulars of accommodation and what other persons live there, with their names and relationship to the child stated]

(b)

Care arrangements (this section need not be completed if the child is already working at the present time) (i)

*If the child is presently not attending school on a daily basis, to complete the following section: (A) Are both parents working? (B) Who looks after the child during the day and at night? (i.e. father/mother/maid/elder siblings/relatives [to specify nature of relationship to the child]/a combination of the above/others [to specify]*) (C) Where is the child cared for during the day and at night? (i.e. at the matrimonial home/childcare centre/babysitter/relative’s home [to specify nature of person’s relationship to the child]/others [to specify]*) (D) For how long has this arrangement been in place?

[State estimated period of time, i.e. from which date till the present date] (ii)

*If child is presently attending school on a daily basis, to state: (A) The child’s school hours. (B) Where and by whom is the child being cared for before and after school hours?

(iii) *Where parties are no longer residing at the same address, to state: (A) Who is the parent who does NOT live with the child (the non-custodial parent)? (B) When was the last time the non-custodial parent visited the child? (C) How often does the non-custodial parent visit the child? (D) Does the child sometimes stay overnight with the non-custodial parent? (c)

Education/Employment* [state the school or other educational establishment which the child has been and is currently attending, or if he is working, his place of employment, the nature of his work and details of any training he is receiving]

(d)

Financial provision [state who has been and is presently supporting the child or contributing to his support and the extent thereof]

(e)

Access [state what are the current arrangements for access and the extent to which access has been given] (f)

Other relevant information

[State any other information which is relevant to the matters concerning the arrangements for the child, for example, whether the Plaintiff or Defendant is suffering from any physical or mental disability, whether the Plaintiff or Defendant has any previous convictions and if so, the nature of the conviction, and whether the Plaintiff or Defendant has been committed to a drug rehabilitation centre and if so, when and for how long.] 3.

Proposed Arrangements The proposed arrangements for the child/children* of the marriage are as follows: [State, in respect of each child, for those matters which have not been agreed] (a)

Residence [state where the child is to live with particulars of accommodation and what other persons live there, with their names and relationship to the child stated]

(b)

Care giver [state who is to look after the child during the day, at night, during weekends and school holidays]

(c)

4.

Education, etc. [state the school or other educational establishment which the child will attend, or if he is working, his place of employment, the nature of his work and details of any training he will receive]

Orders Sought I am seeking the following orders to be made by the court: (a)

[Set out details of any orders sought regarding custody, care and control of and access to the children of the marriage. If orders for split care and control of the children of the marriage are being sought, e.g. for care and control of one child to be granted to one parent, and for care and control of the other child to be granted to the other parent, to set out the reasons why such orders for split care and control are in the best interests of the children of the marriage.]

(b)

[Set out details of any orders sought regarding maintenance for the children of the marriage.]

I confirm that all the matters set out in this Proposed Parenting Plan are true and correct. Signed (Plaintiff): Name: ID Number: Date: *Delete where inapplicable.

[Attach Annexes A and B to this form on separate pages.] Annex A — Defendant’s Agreement (Parenting Plan) Form [Set out Form 23] Annex B — Defendant’s Proposed Parenting Plan Form [Set out Form 24]

FORM 12 R. 46, 48

(AGREED MATRIMONIAL PROPERTY PLAN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

AGREED MATRIMONIAL PROPERTY PLAN (FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) 1.

2.

Particulars of the Property (a)

Address of matrimonial property (the Flat):

(b)

Sales Registration Number* [if there is only an Agreement for Lease and the buyers have not taken possession of the flat]:

(c)

Name of lessee(s):

(d)

Names of permitted occupiers and relationship with each lessee:

(e)

Sole tenancy/Joint tenancy/Tenancy in common [please specify shares]*:

(f)

Type of flat [i.e. whether 3-room, 4-room, 5-room, Executive, etc.]:

Agreed Arrangements The parties’ agreement with respect to the Flat is as follows: [Choose one of the following] (a)

Option 1: The Flat will be surrendered to the HDB.

(b)

Option 2: The Agreement for Lease with the HDB will be terminated.

(c)

Option 3: The Flat will be sold in the open market.

(d)

Option 4: The Plaintiff’s share in the Flat will be sold/transferred* to: (i)

The Defendant

(ii)

The Defendant and [state name and relationship with the Defendant]

(iii) [state name and relationship with the Plaintiff/the Defendant] (e)

Option 5: The Defendant’s share in the Flat will be sold/transferred* to: (i) The Plaintiff

(ii)

The Plaintiff and [state name and relationship with the Plaintiff]

(iii) [state name and relationship with the Defendant/the Plaintiff] (f)

Option 6: Others [please state brief details] Particulars of the agreement are attached as Annex [to state number]. [To fill in the details of Option 1, 2, 3, 4, 5 or 6 as set out in Form 108, and to attach only the relevant pages to this form.]

3.

Defendant’s Agreement [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] (a)

I, the Defendant, agree with the arrangements set out in this paragraph. Signature of Defendant: Name: ID No.: Date: Signed by the Defendant before me, a Commissioner for Oaths:

(b)

The Defendant agrees with the arrangements set out in this paragraph. Signed on behalf of the Defendant by the Defendant’s solicitor: 4.

HDB’s Approval for Option

The agreed arrangements between parties have been approved by the HDB. 5.

CPF Information

The relevant CPF statement and additional CPF information (if applicable) of each party are annexed to this plan as Annex [to state number]. Signed (Plaintiff/Plaintiff’s Solicitor*): Date: *Delete where inapplicable.

FORM 13 R. 46, 56

(PARTICULARS OF HOUSING ARRANGEMENT FORM) PARTICULARS OF ARRANGEMENTS FOR HOUSING Plaintiff’s/Defendant’s* Particulars of Proposed/Agreed* Arrangements for Housing Housing and Development Board (HDB) Flat — List of Options Select one or more options and complete the details in the following pages for the option(s) selected. □ Option 1: The flat will be surrendered to the HDB. □ Option 2: The Agreement for Lease with the HDB will be terminated. □ Option 3: The flat will be sold in the open market. □ Option 4: The Plaintiff’s share in the flat will be sold/transferred* to: □ the Defendant □ the Defendant and a third party □ a third party □ Option 5: The Defendant’s share in the flat will be sold/transferred* to: □ the Plaintiff □ the Plaintiff and a third party □ a third party □ Option 6: Others:

_______________________ Plaintiff*

_______________________ Defendant*

Date:__________________

Date: _________________

*Delete where inapplicable.

Option 1: The flat will be surrendered to the HDB. 1.

The compensation for the surrender of the flat will be used to [please tick if applicable]: □ (a) repay the outstanding HDB mortgage loan and all moneys due to the HDB. □ (b) refund the Plaintiff’s CPF moneys used for the flat and the accrued interest*.

□ (c)

refund the Defendant’s CPF moneys used for the flat and the accrued interest*.

□ (d) others [please specify] _____________________________. 2.

3.

[If 1(a) above is not selected and there is an outstanding mortgage loan or moneys due to the HDB]. The outstanding mortgage loan or moneys due to the HDB will be borne by: Plaintiff ____________%

$____________*

Defendant __________%

$____________*

If 1(b) or (c) above is not selected and the CPF moneys of the Plaintiff and/or the Defendant have been used for the flat [please tick if applicable]: □ (a) The Plaintiff/The Defendant* will refund the Plaintiff’s CPF moneys used for the flat and the accrued interest. □ (b) The Plaintiff/The Defendant* will refund the Defendant’s CPF moneys used for the flat and the accrued interest.

4.

5.

The conveyancing, stamp, registration and administrative fees of the surrender will be borne by: Plaintiff ____________%

$____________*

Defendant __________%

$____________*

The balance or shortfall will be divided in the following manner: Plaintiff ____________%

$____________*

Defendant __________%

$____________*

Time Frame The parties will apply to the HDB to surrender the flat: □ by [please specify the date] ____________________; □ within ________ weeks/months of the order of court on the HDB flat; □ within ________ weeks/months of the grant of the Final Judgment; □ others [please specify] ___________________________________.

_____________________ Plaintiff*

_______________________ Defendant*

Date:________________

Date: _________________

*Delete where inapplicable.

Option 2: The Agreement for Lease will be terminated. 1.

The deposit to be refunded by the HDB will be used to [please tick if applicable]: □ (a) pay all moneys due to the HDB. □ (b) refund the Plaintiff’s CPF moneys used for the flat and the accrued interest*. □ (c)

refund the Defendant’s CPF moneys used for the flat and the accrued interest*.

□ (d) others [please specify] _____________________________. 2.

3.

[If 1(a) above is not selected and there are moneys due to the HDB]. The moneys due to the HDB will be borne by: Plaintiff ____________%

$____________*

Defendant __________%

$____________*

If 1(b) or (c) above is not selected and the CPF moneys of the Plaintiff and/or the Defendant have been used for the flat [please tick if applicable]: □ (a) The Plaintiff/The Defendant* will refund the Plaintiff’s CPF moneys used for the flat and the accrued interest. □ (b) The Plaintiff/The Defendant* will refund the Defendant’s CPF moneys used for the flat and the accrued interest.

4.

5.

The conveyancing, stamp, registration and administrative fees of the termination of the Agreement for Lease will be borne by: Plaintiff ____________%

$____________*

Defendant __________%

$____________*

The balance or shortfall will be divided in the following manner: Plaintiff ____________%

$____________*

Defendant __________%

$____________*

Time Frame The parties will apply to the HDB to terminate the Agreement for Lease: □ by [please specify the date] ____________________; □ within _____ weeks/months of the order of court on the HDB flat; □ within _____ weeks/months of the grant of the Final Judgment; □ others [please specify] __________________________________.

_____________________ Plaintiff*

_______________________ Defendant*

Date: ________________

Date: _________________

*Delete where inapplicable.

Option 3: The flat will be sold in the open market. 1.

The selling price shall be determined in the following manner [please tick where appropriate]: □ By mutual agreement; □ Not lower than $____________; □ Not lower than __________% of the valuation and the valuation is to be determined by: □ A valuer appointed by the HDB on a loan basis; □ Others [please ___________________________on:

specify]

□ An open market basis; □ A loan basis; □ others [please _________________________. 2.

3.

specify]

The sale proceeds will be used to [please tick if applicable]: □ (a)

repay the outstanding mortgage loan;

□ (b)

pay all moneys due to the HDB (including resale levy and upgrading levy, if applicable, but excluding the conveyancing, stamp, registration and administrative fees of the sale);

□ (c)

refund the Plaintiff’s CPF moneys used for the flat and the accrued interest*;

□ (d)

refund the Defendant’s CPF moneys used for the flat and the accrued interest*;

□ (e)

others [please _____________________________.

specify]

If 2(a) or (b) above is not selected and there is an outstanding mortgage loan or moneys due to the HDB [please tick if applicable]: □ The outstanding mortgage loan will be repaid by: Plaintiff ________%

$____________*

Defendant __________ %

$____________*

□ The moneys due to the HDB will be repaid by: Plaintiff __________ __%

$____________*

Defendant __________ %

$____________*

4.

5.

6.

If 2(c) or (d) above is not selected and the CPF moneys of the Plaintiff and/or the Defendant have been used for the flat [please tick if applicable]: □ (a)

The Plaintiff/The Defendant* will refund the Plaintiff’s CPF moneys used for the flat and the accrued interest.

□ (b)

The Plaintiff/The Defendant* will refund the Defendant’s CPF moneys used for the flat and the accrued interest.

The conveyancing, stamp, registration and administrative fees of the sale will be borne by: Plaintiff __________ __%

$____________*

Defendant __________ %

$____________*

The balance of the proceeds/shortfall will be divided in the following manner: Plaintiff __________ __%

$____________*

Defendant __________ %

$____________*

Time Frame The parties will apply to the HDB to sell the flat in the open market: □ by [please specify the date] ____________________; □ within _____ weeks/months of the order of court on the HDB flat; □ within _____ weeks/months of the grant of the Final Judgment; □ others [please __________________________________.

specify]

_____________________ Plaintiff*

_______________________ Defendant*

Date: _________________

Date: _________________

*Delete where inapplicable.

Option 4: The Plaintiff’s share in the flat will be sold/transferred* to the Defendant and/or other(s).

1.

The sale/transfer* is [please tick one]: □ with no cash consideration. □ with cash consideration and the Defendant will pay the Plaintiff [please tick where applicable]: □ $____________ □ __________% of the net value: (a)

the net value is: $_________________/the valuation/others specify]* _______________ less the following:

[please

□ Plaintiff’s CPF moneys used for the flat; □ Plaintiff’s accrued interest on CPF moneys used; □ Defendant’s CPF moneys used for the flat; □ Defendant’s accrued interest on CPF moneys used; □ the amount of outstanding mortgage loan; □ the moneys due to the HDB; □ the conveyancing, stamp, registration administrative fees of the sale/transfer*;

and

□ others [please specify] ______________________. (b)

*the valuation is to be determined by: □ a valuer appointed by the HDB on a loan basis; □ others [please specify] ___________________ on: □ an open market basis; □ a loan basis; □ others [please specify] _________________.

2.

□ The Plaintiff/Defendant* will refund the Plaintiff’s CPF moneys used for the flat. □ The Plaintiff/Defendant* will refund the accrued interest on the Plaintiff’s CPF moneys used for the flat.

3.

4.

The outstanding mortgage loan will be borne by: Plaintiff ___________ _%

$____________*

Defendant __________ %

$____________*

All moneys due to the HDB, if any, will be borne by: Plaintiff ___________ _%

$____________*

Defendant __________ % 5.

6.

$____________*

The conveyancing, stamp, registration and administrative fees of the sale/transfer* will be borne by: Plaintiff ___________ _%

$____________*

Defendant __________ %

$____________*

Other details [please specify] ________________________.

Time Frame The parties will apply to the HDB to sell or transfer the Plaintiff’s share in the flat: □ by [please specify the date] ____________________; □ within _____ weeks/months of the order of court on the HDB flat; □ within _____ weeks/months of the grant of the Final Judgment; □ others [please specify] _________________________________.

_____________________ Plaintiff* Date: _________________

_______________________ Defendant* Date: _________________

*Delete where inapplicable.

Option 5: The Defendant’s share in the flat will be sold/transferred* to the Plaintiff and/or other(s). 1.

The sale/transfer* is [please tick one]: □ with no cash consideration. □ with cash consideration and the Plaintiff will pay the Defendant [please tick where applicable]: □ $____________ □ __________% of the net value: (a)

the net value is: $____________/the valuation/others [please specify]* ___________________ less the following: □ Plaintiff’s CPF moneys used for the flat; □ Plaintiff’s accrued interest on CPF moneys used; □ Defendant’s CPF moneys used for the flat;

□ Defendant’s accrued interest on CPF moneys used; □ the amount of outstanding mortgage loan; □ the moneys due to the HDB; □ the conveyancing, stamp, registration administrative fees of the sale/transfer*;

and

□ others [please specify] ______________________. (b)* the valuation is to be determined by: □ a valuer appointed by the HDB on a loan basis; □ others [please specify] ____________________ on: □ an open market basis; □ a loan basis; □ others [please specify] __________________. 2.

□ The Plaintiff/Defendant* will refund the Defendant’s CPF moneys used for the flat. □ The Plaintiff/Defendant* will refund the accrued interest on the Defendant’s CPF moneys used for the flat.

3.

4.

5.

6.

The outstanding mortgage loan will be borne by: Plaintiff

____________%

$____________*

Defendant

____________%

$____________*

All moneys due to the HDB, if any, will be borne by: Plaintiff

____________%

$____________*

Defendant

____________%

$____________*

The conveyancing, stamp, registration and administrative fees of the sale/transfer* will be borne by: Plaintiff

____________%

$____________*

Defendant

____________%

$____________*

Other details [please specify] ________________________________.

Time Frame The parties will apply to the HDB to sell or transfer the Defendant’s share in the flat: □ by [please specify the date] ____________________; □ within _____ weeks/months of the order of court on the HDB flat; □ within _____ weeks/months of the grant of the Final Judgment; □ others [please specify] ________________________________.

_____________________ Plaintiff*

_______________________ Defendant*

Date: ________________

Date: _________________

*Delete where inapplicable.

Option 6: Others Please state the full details of the agreement. Time Frame The parties will apply to the HDB to surrender/sell in the open market/sell or transfer a party’s share in* the flat: □ by [please specify the date] ____________________; □ within _______ weeks/months of the order of court on the HDB flat; □ within _______ weeks/months of the grant of the Final Judgment; □ others [please specify] ________________________________.

_____________________ Plaintiff*

_______________________ Defendant*

Date: ________________

Date: _________________

*Delete where inapplicable.

FORM 14 R. 46

(PLAINTIFF’S PROPOSED MATRIMONIAL PROPERTY PLAN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

PLAINTIFF’S PROPOSED MATRIMONIAL PROPERTY PLAN (FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) 1.

2.

Particulars of the Property (a)

Address of matrimonial property (the Flat):

(b)

Sales Registration Number*: [if there is only an Agreement for Lease and the buyers have not taken possession of the flat]:

(c)

Name of lessee(s):

(d)

Names of permitted occupiers and relationship with each lessee:

(e)

Sole tenancy/Joint tenancy/Tenancy in common [please specify shares]*:

(f)

Type of flat [i.e. whether 3-room, 4-room, 5-room, Executive, etc.]:

(g)

Date of purchase of flat:

(h)

Purchase price of flat:

Proposed Arrangements (a)

Payments made by each lessee towards the purchase of the Flat. [To state in respect of each lessee] (i)

Initial capital payment [to state whether in Central Provident Fund (CPF) moneys or cash]:

(ii)

Conveyancing, stamp, registration and administrative fees [to state whether in CPF moneys or cash]:

(iii) Instalments per month [to state whether in CPF moneys or cash]: (iv) Indirect contributions: (b)

Amount of loan granted by the HDB/Financial institution:

(c)

Amount of outstanding loan due to the HDB/Financial institution as at date of reply to enquiry from the HDB/Financial institution, i.e. [to state exact date]:

(d)

The relevant CPF statements and additional CPF information (if applicable) dated [to state date] are annexed to this plan as Annex [to state number].

(e)

*(For Plaintiffs who are above the age of 55) I am/The Plaintiff is* above the age of 55 years and the amount required to be refunded into my/his/her* CPF account in the event of a sale of the flat/transfer in ownership of the flat:

(f)

Amount of CPF Housing grant credited to Lessee’s CPF account [to state in respect of each lessee]: Lessee 1: Lessee 2: Etc.

(g)

Parties are required/not required* to surrender the Flat to the HDB. [If parties are required to surrender the Flat to the HDB, state the estimated surrender value of the Flat (if known)]

(h)

Parties are eligible/not eligible* to sell the Flat on the open market. [If parties are not eligible to sell the Flat on the open market, state the reasons why].

(i)

Parties are liable/not liable* to pay resale levy, upgrading levy or other moneys to the HDB. [If parties are liable to pay the resale levy, etc., to state the amount of moneys payable.]

(j)

Valuation of the Flat The estimated value of the Flat is: [to state estimated value of the Flat and the basis of the valuation]

(k)

Plaintiff’s proposal with respect to the Flat The Plaintiff’s proposal with respect to the Flat is as follows: (Choose one or more of the following options. If more than one option is chosen, state the order of preference in brackets beside the option.) (i)

Option 1: The Flat will be surrendered to the HDB.

(ii)

Option 2: The Agreement for Lease with the HDB will be terminated.

(iii) Option 3: The Flat will be sold in the open market. (iv) Option 4: The Plaintiff’s share in the Flat will be sold/transferred* to: (A) The Defendant (B) The Defendant and [state name relationship with the Defendant]

and

(C) [state name and relationship with the Plaintiff/the Defendant] (v)

Option 5: The Defendant’s share in the Flat will be sold/transferred* to: (A) The Plaintiff (B) The Plaintiff and [state name and relationship with the Plaintiff] (C) [state name and relationship with the Defendant/the Plaintiff]

(vi) Option 6: Others [please state brief details] Particulars of my/the Plaintiff’s* proposal (for each option selected) are attached as Annex [to state number]. [To fill in Option 1, 2, 3, 4, 5 or 6 as set out in Form 89, and to attach only the relevant pages to this form.] 3.

Confirmation Statement I confirm/The Plaintiff confirms* that enquiries have been made with the HDB/HDB and the Central Provident Fund Board (CPFB)* on [to state date], and that the contents of this document are a true and accurate reflection of the replies from the HDB/CPFB/HDB and CPFB* which I have/the Plaintiff has* received pursuant to the said enquiries, on [to state date].

Signature (Plaintiff/Plaintiff’s Solicitor*): Date: *Delete where inapplicable.

[Attach Annexes A and B to this form on separate pages.] Annex A — Defendant’s Agreement (Matrimonial Property Plan) Form [Set out Form 25] Annex B — Defendant’s Proposed Matrimonial Property Plan Form [Set out Form 26]

FORM 15 R. 47, 48, 49, 51, 60, 84

(ACKNOWLEDGMENT OF SERVICE (OTHER PARTY) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

ACKNOWLEDGMENT OF SERVICE (CO-DEFENDANT/DEFENDANT IN COUNTERCLAIM/PERSON ENTITLED TO INTERVENE/OTHER PARTY [TO SPECIFY]*) 1.

I acknowledge that I am [state name]

2.

I acknowledge that I have received the following documents: (Choose one or more of the following) (a)

Writ of Summons

(b)

Statement of Claim

(c)

Statement of Particulars

(d)

Defence/Defence and Counterclaim

(e)

Other documents [please specify]*

(Collectively, the documents) 3.

I received the documents on [to state date] at [to state address].

Signed (Co-Defendant/Defendant in Counterclaim/Person Entitled Intervene/Other Party [to specify]*): Name: ID No.: Date: *Delete where inapplicable.

to

FORM 16 R. 47, 48, 54, 56, 60, 84

(MEMORANDUM OF APPEARANCE (OTHER PARTY) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

MEMORANDUM OF APPEARANCE (CO-DEFENDANT/DEFENDANT IN COUNTERCLAIM/PERSON ENTITLED TO INTERVENE/OTHER PARTY [TO SPECIFY]*) 1.

I am the Co-Defendant/Defendant in Counterclaim/Other Party [to specify]* and I intend/do not intend* to defend the action by denying the following allegations: (a)

adultery*

(b)

any other allegation [to specify]*

OR I am the person entitled to intervene in this matter, and I intend/do not intend* to intervene in this matter and defend the action by denying the following allegations:

2.

(a)

adultery*

(b)

any other allegation [to specify]*

I received the Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/Other Document [please specify]* on [to state date] at [to state address]. (Note: You must, within 22/35* days after receiving the Writ and Statement of Claim, file a Defence in court and serve a copy of the same on all the other parties to these proceedings within 2 working days of filing the Defence, unless you do not intend to defend the action.)

3.

I wish/do not wish* to be heard on the claim for costs against me. 4. is:

The address to which communications to me should be sent

(Note: This must be an address in Singapore. If a solicitor is acting for you, give the name and address of your solicitor. If you do not give an address in Singapore, you will have no right to be heard in these proceedings.) 5.

My other contact particulars are: Telephone: Handphone Number:

Fax: Signed (Co-Defendant/Defendant in Counterclaim/Person Entitled Intervene/Other Party [please specify]*): Name: ID No.: Date: *Delete where inapplicable.

to

FORM 17 R 48, 49, 51

(ACKNOWLEDGMENT OF SERVICE (DEFENDANT) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

ACKNOWLEDGMENT OF SERVICE (DEFENDANT) 1.

I acknowledge that I am [state name]

2.

I acknowledge that I have received the following documents: [Choose one or more of the following] (a)

Writ of Summons

(b)

Statement of Claim

(c)

Statement of Particulars

(d)

Agreed/Proposed* Parenting Plan (By Plaintiff)*

(e)

Agreed/Proposed* Matrimonial Property Plan (By Plaintiff)*

(f)

Other documents [please specify]

(Collectively, the documents) 3.

I received the documents on [to state date] at [to state address]

Signed (Defendant): Name: ID No.: Date: *Delete where inapplicable.

FORM 18 R. 48, 54, 56,

(MEMORANDUM OF APPEARANCE (DEFENDANT) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

MEMORANDUM OF APPEARANCE (DEFENDANT) 1.

I am the Defendant and I intend/do not intend* to defend the action. I am/am not* a bankrupt. I received the Writ of Summons (Writ) and Statement of Claim on [to state date] at [to state address]:

2.

*The Statement of Claim alleges that there has been 3 years’ separation and that you the Defendant consent to a judgment being granted. I consent/do not consent* to a judgment being granted. (Note: Before you answer this question, you should understand that — (a)

if the Plaintiff satisfies the court that the Plaintiff and you have lived apart for 3 years immediately before the filing of the Writ and that you consent to a judgment being granted, the court will grant one unless it considers that the marriage has not broken down irretrievably; and

(b)

a final judgment will end your marriage and may have consequences in your case depending on your particular circumstances. If you are unsure about the consequences, you should consult a lawyer.

If after consenting you wish to withdraw your consent, you must immediately inform the court and give notice to the Plaintiff.) 3.

*The Plaintiff is also making various claims for relief in this Writ. I wish to be heard on all these claims/some of these claims*. (To choose one or more of the following, circle the relevant item(s)) (a)

Custody* of and/or care and control* of the child/children* of the marriage

(b)

Access to the child/children* of the marriage. I will be filing my Agreement to Plaintiff’s Proposed Parenting Plan/Defendant’s Proposed Parenting Plan*

(c)

Division of the matrimonial home. I will be filing my Agreement to Plaintiff’s Proposed Matrimonial Property Plan/Defendant’s Proposed Matrimonial Property Plan*

(d)

Division of the matrimonial assets (other than the matrimonial home)

(e)

Maintenance for the wife / incapacitated husband*

(f)

Maintenance for the child/children* of the marriage

(g)

Costs

(h)

Others [to specify]:

(Please note that you may be heard on these claims even if you do not defend the action and do not file a Defence or Defence and Counterclaim in court.) 4.

*I wish to make claims for relief in the following matters, which have not been dealt with in the Writ: (To choose one or more of the following, circle the relevant item(s))

5.

(a)

Custody* of and/or care and control* of the child/children* of the marriage

(b)

Access to the child/children* of the marriage

(c)

Division of the matrimonial home

(d)

Division of the matrimonial assets (other than the matrimonial home)

(e)

Maintenance for the wife

(f)

Maintenance for the child/children* of the marriage

(g)

Costs

(h)

Others [to specify]:

*I am a wife Defendant /incapacitated husband Defendant*. I wish to/do not wish to* make a claim for maintenance for myself.

6.

The address to which communications to me should be sent is: (Note: This must be an address in Singapore. If a solicitor is acting for you, give the name and address of your solicitor in Singapore. If you do not give an address in Singapore, you will have no right to be heard in these proceedings.)

7.

My other contact particulars are: Telephone: Handphone Number: Fax:

Signed (Defendant/Defendant’s solicitor*): Name: ID No.: Date: *Delete where inapplicable.

FORM 19 R. 50

(NOTICE OF PROCEEDINGS (ADVERTISEMENT) FORM) NOTICE OF PROCEEDINGS FOR ADVERTISEMENT IN THE NEWSPAPERS NOTICE OF PROCEEDINGS To: [State name and ID number of the Defendant/Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]*] 1.

Take Notice that a Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim/other document [to specify]* in Divorce Writ No. [to state number] has been filed in court by [Plaintiff’s/Defendant’s Name] on [date]. You are the Defendant/Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]* in these proceedings.

2.

It has been ordered that service of the abovementioned document on you be effected by this advertisement. If you intend to defend this action, you must file the Memorandum of Appearance (Defendant) Form/Memorandum of Appearance (Other Party) Form* (MOA) within 8/21* days from the publication of this advertisement. If you do not file the MOA within such time, you are NOT entitled to be heard in these proceedings. This means that the court may, without notice to you, proceed to hear the action and pronounce judgment in your absence, and make all further orders in the proceedings without further reference to you.

Contact particulars of Plaintiff/Plaintiff’s Solicitor*: 1.

Name and ID Number of Plaintiff/Plaintiff’s Solicitor*:

2.

Contact Particulars of Plaintiff/Plaintiff’s Solicitor’s Firm*: Firm name*: Address: Telephone Number: Fax Number*: File Reference Number*:

*Delete where inapplicable.

FORM 20 R. 51

(AFFIDAVIT OF SERVICE FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

AFFIDAVIT OF SERVICE *Affidavit of Personal Service I, [to state name and ID No.] of [to state address], make oath and say/affirm* as follows: The following document(s) was/were* duly served by me on [to state name of recipient of documents] by delivering to him/her* personally a copy/copies* of the same on [to state date and time of service] at [to state address]: (Please choose one or more of the following) (a)

Writ of Summons

(b)

Statement of Claim

(c)

Statement of Particulars

(d)

Notice to a Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]*

(e)

Agreed/Proposed* Parenting Plan (By Plaintiff)*

(f)

Agreed/Proposed* Matrimonial Property Plan (For Housing Development Board flats Only) (By Plaintiff)*

(g)

Defence

(h)

Defence and Counterclaim

(i)

Other documents [please specify]

The person served with the document(s), [to state name of recipient of documents], is known to me/was pointed out to me by [to state name]/admitted to me that he/she* was [to state name of recipient of documents]*. [Sworn (or affirmed) as in Form 132 in Appendix A of the Practice Directions.] OR *Affidavit of Substituted Service by Post or other Process (Excluding Newspaper Advertisement) I, [to state name and ID No.] of [to state address], make oath and say/affirm* as follows:

The following document(s) was/were* duly served by me on [to state name of recipient of documents] by [to state mode of service and date and time of service], in accordance with the order for substituted service dated [to state date of substituted service order]: (a)

Order of Court for Substituted Service of Documents

(b)

Writ of Summons

(c)

Statement of Claim

(d)

Statement of Particulars

(e)

Notice to a Co-Defendant/Defendant in Counterclaim/Person Entitled to Intervene/Other Party [to specify]*

(f)

Agreed/Proposed* Parenting Plan (By Plaintiff)*

(g)

Agreed/Proposed* Matrimonial Property Plan (For Housing Development Board flats Only) (By Plaintiff)*

(h)

Defence

(i)

Defence and Counterclaim

(j)

Other documents [please specify]

[Sworn (or affirmed) as in Form 132 in Appendix A of the Practice Directions.] OR *Affidavit of Service by Advertisement I, [to state name and ID No.] of [to state address], make oath and say/affirm* as follows: The Writ of Summons and Statement of Claim/Defence/Defence and Counterclaim* and Order of Court for Substituted Service were duly served by me on [to state name of recipient of documents] by causing to be inserted in [name of paper or papers as ordered] an advertisement on [to state date]. A copy of the said advertisement is annexed to this affidavit. [Sworn (or affirmed) as in Form 132 in Appendix A of the Practice Directions.] *Delete where inapplicable.

FORM 21 R. 56

(DEFENCE AND/OR COUNTERCLAIM FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

DEFENCE* AND COUNTERCLAIM* 1.

Particulars of Defendant Age: Citizenship: Religion: Educational Level: Current occupation: Current address:

2.

Defence (a)

To deny or admit the paragraphs of the Statement of Claim (and Statement of Particulars). To state full particulars of the facts relied on but not the evidence by which they are to be proved.

(b)

To state whether any, and if so what, agreement or arrangement has been made or is proposed to be made between the parties for the support of the wife or any child of the marriage.

(c)

If any statements set out in the Statement of Claim concerning the living children of the marriage are disputed, full particulars of the facts relied on are to be stated in the Defence.

(d)

If any information on the following matters has not been provided in the Statement of Claim, or if any statement set out in relation to the following matters in the Statement of Claim is disputed, the Defence is to furnish information on the same, with the details as set out in sub-paragraphs (i) and (ii) below: Whether there are or have been other proceedings in Singapore or elsewhere with reference to the marriage, or to any children of the marriage, or between the Plaintiff and the Defendant with reference to maintenance or to any property of either or both of them. (i)

Nature of the proceedings, i.e. whether: (A)

Matrimonial proceedings; and/or

(B)

Family violence (between the Plaintiff, Defendant and any children of the marriage); and/or

(ii)

(C)

Custody, care and control and/or access to the children of the marriage; and/or

(D)

Proceedings in any juvenile or youth court in respect of the children of the marriage; and/or

(E)

Maintenance (for wife and any children of the marriage); and/or

(F)

Matrimonial Property; and/or

(G)

Other proceedings which may be relevant to the present proceedings (such as bankruptcy proceedings).

Details of the proceedings [to state in relation to each of the proceedings set out in paragraph (i) above] (A)

The suit number:

(B)

The date of any decree or order or judgment:

(C)

Decree or order or judgment made:

(D)

If no decree or order or judgment has been made, the status of the proceedings:

(iii) There are bankruptcy proceedings against the Defendant pending as at [to state date, which shall not be later than 7 days immediately preceding the filing of the Defence and/or Counterclaim]:

3.

(A)

The suit number:

(B)

Whether creditor’s bankruptcy application or debtor’s bankruptcy application:

(C)

Name of Creditor:

(D)

Amount of debt claimed:

(E)

Status of proceedings:

Counterclaim* (1)

The Defendant repeats paragraph(s) [to state the numbers of the relevant paragraphs] of the Statement of Claim.

(2)

The Defendant is/is not* a bankrupt.

(3)

Ground on which Relief is Sought.

The marriage is void (a)

*(For marriages that took place after 1st June 1981) The marriage is not valid under section 105 of the Women’s Charter: (Choose one or more of the following) (i)

by virtue of section 3(4)/5/9/10/11/12/22* of the Women’s Charter

(ii)

(for marriages celebrated outside Singapore) for the lack of capacity

(iii) (for marriages celebrated outside Singapore) under the law of the place in which the marriage was celebrated.

(b) (c)

*(For marriages that took place on or before 1st June 1981) The marriage is not valid for the reasons stated in the Counterclaim. *(For marriages that took place on or after 1 July 2016) The marriage is not valid by virtue of s11A of the Women’s Charter.

OR The marriage is voidable (a)

*(For marriages that took place after 1st June 1981) The marriage is voidable under section 106 of the Women’s Charter on the following ground(s): (Choose one or more of the following) (i)

That the marriage has not been consummated owing to the incapacity of either party [please specify] to consummate it.

(ii)

That the marriage has not been consummated owing to the wilful refusal of the Plaintiff to consummate it.

(iii) That the Plaintiff/Defendant* did not validly consent to the marriage, in consequence of duress* and/or mistake* and/or unsoundness of mind/lack of capacity* and/or the facts stated in the Statement of Particulars [please specify in the Statement of Particulars]*. (iv) That at the time of the marriage the Plaintiff/Defendant* though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health (Care and Treatment) Act (Cap. 178A) of such a kind or to such an extent as to be unfit for marriage. (v)

That at the time of the marriage the Plaintiff was suffering from venereal disease in a communicable form, and the Defendant was at the time of the marriage ignorant of the facts alleged.

(vi) That at the time of the marriage the Plaintiff was pregnant by some person other than the Defendant and the Defendant was at the time of the marriage ignorant of the facts alleged. (b)

*(For marriages that took place on or before 1st June 1981) The marriage is voidable for the reasons stated in the Counterclaim. [Full particulars of the individual facts relied on but not the evidence by which they are to be proved.]

OR The marriage has broken down irretrievably Fact(s) relied on for the irretrievable breakdown of the marriage (for the purposes of section 95(3) of the Women’s Charter): (Choose one of the following) (a)

That the Plaintiff has committed adultery and the Defendant finds it intolerable to live with the Plaintiff.

(b)

That the Plaintiff has behaved in such a way that the Defendant cannot reasonably be expected to live with the Plaintiff.

(c)

That the Plaintiff has deserted the Defendant for a continuous period of at least 2 years immediately preceding the filing of the writ.

(d)

That the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and the Plaintiff consents to a judgment being granted. The Plaintiff’s consent is exhibited at Annex [to state number]* (if available).

(e)

That the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ.

[Full particulars of the individual facts relied on to be stated but not the evidence by which they are to be proved.] 4.

Relief Claimed [To state the particulars of relief claimed by the Defendant.] (a)

That the claim be dismissed

(b)

Costs

(c)

Others [please specify]

For cases where a Counterclaim has been filed*: (Choose one or more of the following, providing particulars of the relief claimed where possible.) (a)

That the claim be dismissed.

(b)

On the counterclaim: That the marriage be declared null and void*. OR That the marriage be dissolved*. OR That a judgment of judicial separation be granted*.

5.

(c)

Custody* of and/or care and control* of the child/children* of the marriage

(d)

Access to the child/children* of the marriage

(e)

Division of the matrimonial home

(f)

Division of the matrimonial assets (other than the matrimonial home)

(g)

Maintenance for the wife/incapacitated husband*

(h)

Maintenance for the child/children* of the marriage

(i)

Costs

(j)

Others [please specify]

Persons to be served with this Defence/Defence and Counterclaim* (a)

Plaintiff Name: Address: Plaintiff is a person under a disability*.

[To state particulars of Plaintiff’s disability] (b)

Co-Defendant/Defendant in Counterclaim/Other Party (please specify)* Name: Address: Co-Defendant/Defendant in Counterclaim/Other Party (please specify)* is a person under a disability*. [To state particulars of Co-Defendant’s/Defendant Counterclaim’s/Other Party’s disability]

6.

in

The Defendant is aware of*, or has been informed by the solicitor acting for him about*, the options of family mediation or counselling, before filing the defence.

Signature: Name of Defendant/Defendant’s Solicitor*: Date: *Delete where inapplicable.

FORM 22 R. 56, 57

(OTHER PLEADING FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

DEFENCE TO COUNTERCLAIM*/REPLY*/REPLY AND DEFENCE TO COUNTERCLAIM*/REPLY TO DEFENCE TO COUNTERCLAIM*/OTHER PLEADING (TO SPECIFY)* 1.

[To deny or admit the paragraphs of the previous pleading. To state full particulars of the facts relied on but not the evidence by which they are to be proved.]

2.

Persons to be served with this pleading* (a)

Plaintiff/Defendant* Name: Address: Plaintiff/Defendant* is a person under a disability*. [To state particulars of Plaintiff’s/Defendant’s* disability.]

(b)

Co-Defendant/Defendant in Counterclaim/Other Party [please specify]* Name: Address: Co-Defendant/Defendant in Counterclaim/Other Party [please specify]* is a person under a disability*. [To state particulars of Co-Defendant’s/Defendant Counterclaim’s/Other Party’s disability]

Signature: Name of Party/Party’s Solicitor*: Date: *Delete where inapplicable.

in

FORM 23 R. 56

(DEFENDANT’S AGREEMENT (PARENTING PLAN) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

DEFENDANT’S AGREEMENT TO PLAINTIFF’S PROPOSED PARENTING PLAN Defendant’s Agreement [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] (a)

I, the Defendant, agree with the following order(s) sought in paragraph 4 of the Plaintiff’s Proposed Parenting Plan [to state the specific order(s) agreed to] Signature (Defendant): Name: ID No.: Date:

(b)

The Defendant agrees with the following order(s) sought in paragraph 4 of the Proposed Parenting Plan (By Plaintiff). [to state the specific order(s) agreed to] Signed on behalf of the Defendant by the Defendant’s solicitor:

FORM 24 R. 56

(DEFENDANT’S PROPOSED PARENTING PLAN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

PROPOSED PARENTING PLAN (BY DEFENDANT) I, the Defendant, do not agree with the orders sought in paragraph 4 of the Proposed Parenting Plan (by Plaintiff), and I wish to be heard by the court on the issues of custody, care and control and access. I set out my position on the current arrangements as well as my proposed arrangements for the children of the marriage below. 1.

Current Arrangements The current arrangements for the child/children* of the marriage are as follows: [to state in respect of each child] (a)

Residence [state where the child is currently living with particulars of accommodation and what other persons live there, with their names and relationship to the child stated.]

(b)

Care arrangements (this section need not be completed if the child is already working at the present time) (i)

*If the child is presently not attending school on a daily basis, to complete the following section: (A) Are both parents working? (B) Who looks after the child during the day and at night? (i.e. father/mother/maid/elder siblings/relatives [to specify nature of relationship to the child]/a combination of the above/others [to specify]*) (C) Where is the child cared for during the day and at night? (i.e. at the matrimonial home/childcare centre/babysitter/relative’s home [to specify nature of person’s relationship to the child]/others [to specify]*)

(D) For how long has this arrangement been in place? [State estimated period of time, i.e. from which date till the present date] (ii)

*If child is presently attending school on a daily basis, to state: (A) The child’s school hours. (B) Where and by whom is the child being cared for before and after school hours?

(iii) *Where parties are no longer residing at the same address, to state: (A) Who is the parent who does NOT live with the child (the non-custodial parent)? (B) When was the last time the non-custodial parent visited the child? (C) How often does the non-custodial parent visit the child? (D) Does the child sometimes stay overnight with the non-custodial parent? (c)

Education/Employment* [state the school or other educational establishment which the child has been and is currently attending, or if he is working, his place of employment, the nature of his work and details of any training he is receiving.];

(d)

Financial provision [state who has been and is presently supporting the child or contributing to his support and the extent thereof.]; and

(e)

Access [state what are the current arrangements for access and the extent to which access has been given.] (f)

Other relevant information

[State any other information which is relevant to the matters concerning the arrangements for the child, for example, whether the Plaintiff or Defendant is suffering from any physical or mental disability, whether the Plaintiff or Defendant has any previous convictions and if so, the nature of the conviction, and whether the Plaintiff or Defendant has been committed to a drug rehabilitation centre and if so, when and for how long.] 2.

Proposed Arrangements The proposed arrangements for the child/children* of the marriage are as follows: [State in respect of each child for those matters which have not been agreed] (a)

Residence [state where the child is to live with particulars of accommodation and what other persons live there, with their names and relationship to the child stated.]

(b)

Care giver [state who is to look after the child during the day, at night, during weekends and school holidays.]

(c)

3.

Education, etc. [state the school or other educational establishment which the child will attend, or if he is working, his place of employment, the nature of his work and details of any training he will receive.].

Orders Sought I am seeking the following orders to be made by the court: (a)

[Set out details of any orders sought regarding custody, care and control of and access to the children of the marriage. If orders for split care and control of the children of the marriage are being sought, e.g. for care and control of one child to be granted to one parent, and for care and control of the other child to be granted to the other parent, to set out the reasons why such orders for split care and control are in the best interests of the children of the marriage.]

(b)

[Set out details of any orders sought regarding maintenance for the children of the marriage]

I confirm that all the matters set out in this Proposed Parenting Plan are true and correct. Signed (Defendant): Name: ID Number: Date: *Delete where inapplicable.

FORM 25 R. 56

(DEFENDANT’S AGREEMENT (MATRIMONIAL PROPERTY PLAN) FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

DEFENDANT’S AGREEMENT TO PLAINTIFF’S PROPOSED MATRIMONIAL PROPERTY PLAN (FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) 1.

Defendant’s Agreement [The Defendant’s agreement can be confirmed by completing either option (a) or option (b) below.] (a)

I, the Defendant, agree with the proposed arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (For Housing Development Board flats Only). [to state the exact arrangements agreed to] Signature (Defendant): Name: ID No.: Date:

(b)

The Defendant agrees with the proposed arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (For Housing Development Board flats Only). [to state the exact arrangements agreed to] Signed on behalf of the Defendant by the Defendant’s solicitor.

2.

The Defendant’s relevant CPF statement and additional CPF information (if applicable) dated [to state date] are annexed to this plan as Annex [to state number].

FORM 26 R. 56

(DEFENDANT’S PROPOSED MATRIMONIAL PROPERTY PLAN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

DEFENDANT’S PROPOSED MATRIMONIAL PROPERTY PLAN (FOR HOUSING AND DEVELOPMENT BOARD FLATS ONLY) 1.

I, the Defendant, disagree with the proposed arrangements set out in the Plaintiff’s Proposed Matrimonial Property Plan (For Housing Development Board flats Only).

2.

The relevant CPF statements and additional CPF information (if applicable) dated [to state date] are annexed to this plan as Annex [to state number].

3.

*(For Defendants who are above the age of 55 years) I am above the age of 55 years and the amount required to be refunded into my CPF account in the event of a sale of the flat/transfer in ownership of the flat is:

4.

My proposal in relation to the matrimonial property is as follows*: (Choose one or more of the following options. If more than one option is chosen, state the order of preference in brackets beside the option.) (i)

Option 1: The Flat will be surrendered to the HDB.

(ii)

Option 2: The Agreement for Lease with the HDB will be terminated.

(iii) Option 3: The Flat will be sold in the open market. (iv) Option 4: The Plaintiff’s share in the Flat will be sold/transferred* to: (A) The Defendant (B) The Defendant and [state name relationship with the Defendant]

and

(C) [state name and relationship with the Plaintiff/the Defendant] (v)

Option 5: The Defendant’s share in the Flat will be sold/transferred* to: (A) The Plaintiff (B) The Plaintiff and [state name and relationship with the Plaintiff]

(C) [state name and relationship with the Defendant/the Plaintiff] (vi) Option 6: Others (please state brief details) Particulars of my proposal (for each option selected) are attached as Annex [to state number]. [To fill in Option 1, 2, 3, 4, 5 or 6 as set out in Form 32, and to attach only the relevant pages to this form.] Signature (Defendant): Name: ID No.: Date: *Delete where inapplicable.

FORM 27 R. 61

(NOTICE OF DISCONTINUANCE FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

NOTICE OF DISCONTINUANCE Take Notice that the Plaintiff wholly discontinues this action. Dated this

day of

20

.

Solicitor for the Plaintiff/Name of Plaintiff (if unrepresented) Name and address of Law Firm/Address of Plaintiff The Defendant*/Co-Defendant*/Other Party [to specify]* hereby consents to the discontinuance of this action. Solicitor for the Defendant*/Co-Defendant*/Other Party [to specify]* *Delete where inapplicable.

FORM 28 R. 82

(REQUEST FOR SETTING DOWN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

REQUEST FOR SETTING DOWN ACTION FOR TRIAL 1.

2.

Request for Setting Down (a)

I request that the Plaintiff/Defendant* be at liberty to set down this action for trial.

(b)

The duration of the trial is estimated to be [to state number of days], and the matter will be contested/uncontested*.

Mediation/Counselling Statement** (a)

I have informed my client about*/I, the Plaintiff/Defendant*, am aware of* the options of mediation and counselling services at the court.

(b)

Parties do not have any child*/have children* who are ____ years old.

(c)

The Plaintiff and/or Defendant have: (i)

*been notified to attend/are attending counselling/mediation at Child Focused Resolution Centre (the CFRC);

(ii)

*not been notified to attend counselling/mediation at the CFRC and are persons prescribed under section 50(3A) of the Women’s Charter as persons who are required to attend mediation/counselling;

(iii) *completed counselling/mediation at the CFRC or are not required to attend counselling/mediation at the CFRC*. 3.

Particulars of Bankruptcy (if applicable) [State if either the Plaintiff or the Defendant is a bankrupt and if so, furnish details concerning the bankruptcy proceedings and whether the Official Assignee has been notified of the proceedings.] (a)

The Plaintiff* and/or Defendant* is a bankrupt.

(b)

Date of bankruptcy order and bankruptcy number [please specify].

(c)

The Official Assignee has been notified of these proceedings in writing on [to state date].

Signature: Name of Party/Party’s Solicitor*: Party Type (i.e. Plaintiff or Defendant): Date: *Delete where inapplicable. **If there are any outstanding issues between the parties as at the date of the filing of this Request for Setting Down Action for Trial, this section must be completed by the party filing this Request for Setting Down Action for Trial.

FORM 29 R. 83

(REQUEST FOR SETTING DOWN FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

REQUEST FOR SETTING DOWN ACTION FOR TRIAL

The Plaintiff confirms and requests the following: 1. Both the Plaintiff and the Defendant have agreed on the divorce and the ancillary matters prior to the filing of this action. 2. The Plaintiff be at liberty to set down this action for trial on an uncontested basis in chambers. 3. Grounds of Divorce (i) adultery by Plaintiff and/or Defendant* (ii) unreasonable behaviour by Plaintiff and/or Defendant* (iii) 2 years’ desertion by Plaintiff/Defendant* (iv) 3 years’ separation with consent* (v) 4 years’ separation* 4. Ancillary Matters All of the ancillary matters have been agreed and the signed Draft Consent Order is exhibited in the Statement of Particulars. 5. I confirm that parties will not be making any further applications (e.g. abridgment of time, cost, withdrawal or amendment of pleadings etc.). 6. Parties understand that the Court may not make the required orders as requested if any of the papers are not in order, in which case a further hearing (in court or in chambers with counsel present) will be scheduled.

Signature: Name of Party/Party’s Solicitor*: Party Type (i.e. Plaintiff or Defendant): Date: *Delete where inapplicable.

FORM 30 R. 95

(INTERIM JUDGMENT FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

INTERIM JUDGMENT 1.

2.

Particulars of Marriage to which this Interim Judgment Relates (the Marriage) (a)

Date and place of solemnization of marriage:

(b)

Date and place of registration of marriage:

Interim Judgment Granted in Open Court/Chambers* (a)

Parties present: [Choose one or more of the following] (i)

Plaintiff*

(ii)

Plaintiff’s Counsel*

(iii) Defendant* (iv) Defendant’s Counsel* (v) (b)

Other Party [to specify]*

Pronouncement by the Judge: (i)

*That the Plaintiff has sufficiently proven the contents of the Statement of Claim; *That the Defendant has sufficiently proven the contents of the Counterclaim; *That the Plaintiff has sufficiently proven the contents of the Statement of Claim and that the Defendant has sufficiently proven the contents of the Counterclaim; and

(ii)

that the Marriage is dissolved by reason that/is declared void by virtue of*: [To set out ground of divorce in the Statement of Claim/Counterclaim/Statement of Claim and Counterclaim* respectively] OR

That the Defendant be presumed dead and that the Marriage is dissolved* unless sufficient cause be shown to the court within [to set out the number of weeks/months] from the date of this Judgment why the said Judgment should not be made Final. 3.

Further Orders Made (if applicable) (By Consent*) [To set out any further orders which were made at the hearing of the Interim Judgment, including consent orders on ancillary matters]

[Insert Form 136 in Appendix A of the Practice Directions, if necessary.] *Delete where inapplicable.

FORM 31 R. 95

(JUDGMENT OF JUDICIAL SEPARATION FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

JUDGMENT OF JUDICIAL SEPARATION 1.

2.

Particulars of Marriage to which this Judgment of Judicial Separation relates (the Marriage) (a)

Date and place of solemnization of marriage:

(b)

Date and place of registration of marriage:

Judgment of Judicial Separation Granted in Open Court/Chambers* (a)

Parties present: [Choose one or more of the following] (i)

Plaintiff*

(ii)

Plaintiff’s Counsel*

(iii) Defendant* (iv) Defendant’s Counsel* (v) (b)

Other Party [to specify]*

Pronouncement by the Judge: (i)

*That the Plaintiff has sufficiently proven the contents of the Statement of Claim; *That the Defendant has sufficiently proven the contents of the Counterclaim; *That the Plaintiff has sufficiently proven the contents of the Statement of Claim and that the Defendant has sufficiently proven the contents of the Counterclaim; and

(ii)

that a Judgment of Judicial Separation be granted by reason that: [To set out ground(s) of judicial separation in the Statement of Claim/Counterclaim/Statement of Claim and Counterclaim* respectively]

3.

Further Orders Made (if applicable) (By Consent*) [To set out any further orders which were made at the hearing of the Judgment of Judicial Separation, including consent orders on ancillary matters]

[Insert Form 136 in Appendix A of the Practice Directions, if necessary.]

*Delete where inapplicable.

FORM 32 R. 95

(ORDER OF COURT FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Date of Order: Made by: Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

ORDER OF COURT 1.

Nature of Hearing (in Open Court/Chambers*) Ancillary Matters*/Summons* No./Nos.: [to state number]

2.

Parties Present at the Hearing [Choose one or more of the following]

3.

(a)

Plaintiff*

(b)

Plaintiff’s Counsel*

(c)

Defendant*

(d)

Defendant’s Counsel*

(e)

Other Party [to specify]*

Orders Made (By Consent*)

[Insert Form 136 in Appendix A of the Practice Directions, if necessary.] *Delete where inapplicable.

FORM 33 R. 96

(CERTIFICATE OF FINAL JUDGMENT FORM) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Writ No. Between [Plaintiff’s Name] (ID No.

)

Plaintiff

)

Defendant

And [Defendant’s Name] (ID No.

CERTIFICATE OF FINAL JUDGMENT (NULLITY/DIVORCE/ PRESUMPTION OF DEATH AND DIVORCE*) As no sufficient cause has been shown to the court within [to state number of months] months from the Interim Judgment granted on [to state date of Interim Judgment], why the said Interim Judgment should not be made final, it is certified that: [choose one of the following] Nullity 1.

The marriage solemnized on [to state date of marriage] at [to state place of solemnization of marriage] between [to state the Plaintiff’s name and ID Number], and [to state the Defendant’s name and ID Number] is void in law and the Plaintiff/Defendant* was and is free from all bond of marriage with the Defendant/Plaintiff*.

OR Divorce The marriage solemnized on [to state date of marriage] at [to state place of solemnization of marriage] between [to state the Plaintiff’s name and ID Number], and [to state the Defendant’s name and ID Number] is dissolved. OR Presumption of Death and Divorce The Defendant is presumed dead and the marriage solemnized on [to state date of marriage] at [to state place of solemnization of marriage] between [to state the Plaintiff’s name and ID Number], and [to state the Defendant’s name and ID Number] is dissolved. 2.

The Interim Judgment granted on [to state date of Interim Judgment] is made final on this date.

Signed: [signature of Registrar] Registrar: [name of Registrar] Date: [date of order]

Form 34 R. 121

GARNISHEE ORDER TO SHOW CAUSE IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE MSS No. ) of 20 )

Upon the application of

Between

Applicant

and

Defendant

and

Garnishee

and upon hearing

It is ordered by the Judge that all debts due or accruing due from the abovementioned garnishee to the abovementioned defendant (in the sum of $ ) be attached to answer an order made in the High Court/Family Justice Courts on the day of 20 ordering payment by the defendant of the sums of $ as maintenance (together with the costs of the garnishee proceedings) on which order the sum of $ remains due and unpaid. And it is ordered that the garnishee attend before the Judge in Court on the day of 20 at am/pm, on an application by the said applicant that the garnishee do pay to the applicant, or such person as the Court may direct, the debt due from the garnishee to the defendant, or so much thereof as may be sufficient to satisfy the order, together with the costs of the garnishee proceedings. Dated this

day of

20

.

(Seal) Judge To the abovenamed garnishee and defendant.

Form 35 R. 124

GARNISHEE ORDER (Title as in Form 73) (a)

Garnishee order absolute where garnishee owes more than the outstanding maintenance.

Upon hearing the application of on the day of 20 , and upon reading the order to show cause made herein dated the day of 20 , and upon hearing (counsel for) the applicant and the garnishee, whereby it was ordered all debts due or accruing due from the abovenamed garnishee to the abovenamed defendant should be attached to answer an order made in the Family Justice Courts dated the day of 20 ordering payment by the said defendant of the sum of $ as maintenance to and $ costs (together with the costs of the garnishee proceedings) on which order the sum of $ remained due and unpaid. It is ordered that the said garnishee do forthwith pay to the applicant (or such person as the Court may direct) (or into Court if the applicant is resident outside the scheduled territories as defined in the Exchange Control Act (Cap. 99), or would receive payment of the said sum on behalf of a person so resident, unless the permission of the Monetary Authority of Singapore under that Act has been given unconditionally or upon conditions which have been complied with) $ being so much of the debt due from the garnishee to the defendant as is sufficient to satisfy the outstanding maintenance and costs, together with $ the costs of the garnishee proceedings, and that the garnishee be at liberty to retain $ for his costs of this application out of the balance of the debt due from him to the defendant. Dated this

day of

20

.

(Seal) Judge GARNISHEE ORDER (Title as in Form 73) (b)

Garnishee order absolute where garnishee owes less than the outstanding maintenance. Upon hearing (as above)

It is ordered that the said garnishee (after deducting therefrom $ for his costs of this application) do forthwith pay to the said applicant (or such person as the Court may direct) (or into Court if the applicant is resident outside the scheduled territories as defined in the Exchange Control Act (Cap. 99), or would received payment of the said sum on behalf of a person so resident, unless the permission of the Monetary Authority of Singapore under that Act has been given unconditionally or upon conditions which have been complied with) $ the debt due from the garnishee to the defendant. And that the sum of $ the costs of the applicant of this application be added to the outstanding maintenance and be retained out of the money recovered by the applicant under this order and in priority to the amount of the outstanding maintenance. Dated this

day of

20

.

(Seal) Judge

Form 36 R. 125

ORDER FOR ISSUE BETWEEN APPLICANT AND GARNISHEE (Title as in Form 73) Upon reading the application of filed the day of 20 , and the order nisi herein, dated the day of 20 , and upon hearing (counsel for) the applicant, the garnishee and the defendant. It is ordered that the applicant and the garnishee proceed to the trial of an issue wherein the said applicant shall be plaintiff and the said garnishee shall be defendant, and that the question to be tried shall be whether there was any debt due or accruing due in any and what amount from the garnishee to the defendant against whom the maintenance order was made at the time the said order nisi was served. And it is further ordered that the question of costs and all further questions be reserved to the Judge trying the same issue. Dated this

day of

20

.

(Seal) Judge

Form 37 R. 133

ORIGINATING SUMMONS FOR ADOPTION IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE O.S. No. of 20 )

)

In the Matter of the Adoption of Children Act (Cap. 4) And In the Matter of (to be called ), an infant. The Applicant(s) apply for the following orders: (a) The Director of Social Welfare be appointed as the guardian in adoption of the infant, (original name of infant) to be called . (b) The consent of the following persons be dispensed with: (c) The service of the Originating Summons, Notice to Hear Originating Summons and all subsequent documents filed in these proceedings on the following persons be dispensed with: (d)

(e) (f)

[Where the child is born in Singapore] The applicant(s) be authorised to adopt the said infant, (original name of infant) to be called born on , which date is identical with the entry numbered and made on in the Register of Births for the Republic of Singapore. [Where the child is born outside Singapore] The applicant(s) be authorised to adopt the infant, (original name of infant) to be called born on . The applicant(s) pay(s) the cost of these proceedings to the Director of Social Welfare. (To specify if any other orders sought.)

3. A copy of the affidavit and Adoption Statement in support of this application is filed together with the Originating Summons. Signed: Registrar: Date: *This summons is taken out by applicants whose address is

, solicitor for the abovenamed .

[If applicant is unrepresented] *This summons is taken out by the abovenamed applicant who resides at [and if applicant does not reside within the jurisdiction] and whose address for service is (to state address in Singapore). (*Delete as appropriate)

Form 38 R.135

ADOPTION STATEMENT (Title as in Form 37) The of

Applicant(s) and , his wife, state as follows: 1. Particulars of Male Applicant: (a) Name: (b) Age: (c) NRIC No.: (d) Residential address: (e) Occupation: (f) Relationship to child (if any): 2. Particulars of Female Applicant: (a) Name: (b) Age: (c) NRIC No.: (d) Residential address: (e) Occupation: (f) Relationship to child (if any): 3. The Applicant(s) is (are) resident in Singapore at Singapore and domiciled in Singapore. 4. The Male Applicant married the Female Applicant at on . 5. The Applicant(s) has (have) resident with him (her) (them) the following persons:

6.

7.

8.

Particulars of infant to be adopted (“the said infant”): (a) Original name: (b) New name (if any): (c) Date of birth: (d) Age: (e) Gender: (f) Nationality: (g) Race: (h) Marital status: (i) Present address: (j) The said infant is entitled/not entitled* to any property (state particulars if infant is entitled to property). (k) The said infant is/is not* in the actual custody (or under the guardianship) of the Applicant(s) (state whereabouts of the said infant if he is not in the actual custody of the Applicant(s)). (l) The Applicant(s) have/have not* been supporting the said infant since (date on which support commenced). (m) The said infant has/has not* been subject to an adoption order or of any application for an adoption order. (State particulars if the said infant has been subject to an adoption order or an application for an adoption order.) Particulars of Natural Father of infant to be adopted: (a) Name: (b) I.D. No.: (c) Address: (d) Nationality: (e) Religion: (f) Consent to the Originating Summons has/has not* been obtained. Particulars of Natural Mother of infant to be adopted: (a) Name: (b) I.D. No.: (c) Address: (d) Nationality: (e) Religion: (f) Consent to the Originating Summons has/has not* been obtained.

9. The Applicant(s) undertakes (undertake) if an order is made on this Originating Summons, to provide maintenance and education for the said infant. The Applicant(s) will, if required, secure the above provision by bond or otherwise as the Court may require.

10. The Applicant(s) has not (have not nor has either of them) received or agree to receive, and no person has made or given or agreed to make or give to the Applicant(s) (or either of them) any payment or reward in consideration of the adoption of the said infant except as follows: (State the nature of the payment or reward made or received in consideration of the adoption.) 11. The Applicant(s) shall provide for the costs of this Originating Summons including the costs of the Director of Social Welfare if he is appointed guardian in adoption of the said infant or such person as may be appointed by this Court. (*Delete as appropriate)

Form 39 R.135

CONSENT TO ADOPTION ORDER AND DISPENSATION OF SERVICE OF DOCUMENTS (Title as in Form 37) I (We), , of (and of ) being (the parent of the abovenamed infant) (or guardian of the abovenamed infant) (or the person having actual custody of the abovenamed infant) (or a person liable to contribute to the support of the abovenamed infant) state as follows: 1. I (We) understand the nature and effect of the adoption order which is applied for in these proceedings and that in particular I (we) understand that the effect of the order will be to permanently deprive me (us) of my (our) parental rights. 2. I (We) hereby consent to the making of an adoption order in favour of the Applicant(s). 3. I (We) consent to the dispensation of service of the Originating Summons, Request for Further Hearing of Originating Summons and all other subsequent documents filed in these proceedings on me (us). ) Signed by the abovenamed

)

in the presence of:

) )

Advocate and Solicitor (or Commissioner for Oaths).

Form 40 R.139

REQUEST FOR FURTHER HEARING OF ORIGINATING SUMMONS (Title as in Form 37) 1. Name of Applicant(s): 2. Order(s) sought: (a) [Where child is born in Singapore] The Applicant(s) be authorised to adopt the said infant, (original name of infant) to be called born on , which date is identical with the entry numbered and made on in the Register of Births for the Republic of Singapore; [Where child is born outside Singapore] The Applicant(s) be authorised to adopt the infant, (original name of infant) to be called born on . (b) The Applicant(s) pay(s) the costs of these proceedings to the Director of Social Welfare. (c) (To specify if any other orders sought.) 3. The grounds of the application are set out in the affidavit(s) filed in support of this application. 4. Party/Parties* to be served with this summons: (e.g. natural parents) # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate)

Form 41 R.146

INTERIM ADOPTION ORDER (Title as in Form 37) 1. Parties present at the hearing: (a) Male/Female applicant(s)*: (b) Applicant(s)’s solicitor*: (c) Natural mother/father*: (d) Natural mother’s/father’s solicitor*: (e) Guardian in adoption (name of Child Welfare Officer)*: 2. Orders made pending the final determination of the Originating Summons: (a) The Applicant(s) shall have the custody of the said infant for (duration of interim adoption order) with effect from (date of commencement of probationary period). (b) The Applicant(s) shall be subject to the supervision of and who shall be at liberty at all reasonable times to visit and interview the infant alone and to make all necessary inquiries as to the comfort and well-being of the infant. (c) The guardian in adoption shall submit to the Court a further affidavit to report on the interim adoption order by (submission of date of report). (d) This order shall be reviewed on (date of review). (e) As regards costs, . (f) Any of the parties including the guardian in adoption of the said infant may apply to the Court for further orders. (g) (To specify if any other orders given.) # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate)

Form 42 R.146

ADOPTION ORDER (Title as in Form 37) (Order where child is born in Singapore) 1. Parties present at the hearing: (a) Male/Female applicant(s)*: (b) Applicant(s)’s solicitor*: (c) Natural mother/father*: (d) Natural mother’s/father’s solicitor*: (e) Guardian in adoption (name of Child Welfare Officer)*: 2. Orders made: (a) The Applicant(s) be authorised to adopt the said infant (original name of infant) to be called born on , which date is identical with the entry numbered and made on in the Register of Births for the Republic of Singapore. (b) The Applicant(s) pay(s) the costs of these proceedings to the Director of Social Welfare. (c) (To specify if any other orders given.) # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate)

Full name before adoption

Sex

Date of birth

Day

Month

Full name conferred by Adoption Order

Place of birth

Birth Register No./Entry No. of Previous Adoption

Name of Father

Citizenship of Father at the time of the child’s birth

Singapore NRIC No.

Name of Mother

Citizenship of Mother at the time of the child’s birth

Singapore NRIC No.

Year

Father

Name and Surname

Mother

ADOPTIVE PARENTS

Natural Parents/ Previous Adopters

CHILD’S PARTICULARS

SCHEDULE

Race/Dialect Group

Date of birth

Nationality/Citizenship

Country of birth Singapore NRIC No.

Occupation

Address

Maiden name

Date of birth

Country of birth

Race/Dialect Group

Nationality/Citizenship

Occupation

Singapore NRIC No. Address

Date of Adoption Order Description of Court by which made In the case of adoption by a single adopter, whether adopter wishes his or her name to appear as adoptive father or adoptive mother on the child’s new birth certificate. Yes/No*

Form 43 R.146

ADOPTION ORDER (Title as in Form 37) (Order where child is born outside Singapore) 1. Parties present at the hearing: (a) Male/Female applicant(s)*: (b) Applicant(s)’s solicitor*: (c) Natural mother/father*: (d) Natural mother’s/father’s solicitor*: (e) Guardian in adoption (name of Child Welfare Officer)*: 2. Orders made: (a) The Applicant(s) be authorised to adopt the said infant (original name of infant) to be called born on . (b) The Applicant(s) pay(s) the costs of these proceedings to the Director of Social Welfare. (c) (To specify if any other order given.) # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate)

CHILD’S PARTICULARS

SCHEDULE Full name before adoption

Father

ADOPT IVE PAREN TS

Natural Parents/ Previous Adopters

Sex

Date of birth

Day

Full name conferred by Adoption Order

Place of birth

Birth Register No./Entry No. of Previous Adoption

Name of Father

Citizenship of Father at the time of the child’s birth

Singapore NRIC No.

Name of Mother

Citizenship of Mother at the time of the child’s birth

Singapore NRIC No.

Name and Surname

Date of birth

Country of birth

Race/Dialect Group Occupation

Month

Year

Nationality/Citizenship Address

Singapore NRIC No.

Mother

Maiden name Race/Dialect Group

Date of birth Nationality/Citizenship

Occupation

Country of birth Singapore NRIC No.

Address

Date of Adoption Order Description of Court by which made In the case of adoption by a single adopter, whether adopter wishes his or her name to appear as adoptive father or adoptive mother on the child’s new birth certificate. Yes/No* 1. 2. 3. 4. 5. 6. 7. 8.

No. of Entry: Date and country of birth of child: Name and surname of child: Sex of child: Name and surname, address and occupation of adopter or adopters: Date of adoption order and description of Court by which made: Date of Entry: Signature of officer deputed by Registrar-General to effect the entry:

Form 44 R.146

ORDER OF COURT (Title as in Form 37) 1. Parties present at the hearing: (a) Applicant(s)’s solicitor: (b) Natural mother’s/father’s* solicitor: (c) Guardian in adoption (name of Child Welfare Officer): 2. Orders made: (To specify orders given). # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate)

Form 45 R.147

SUMMONS (Title as in Form 37) 1. Name of applicant: 2. Order(s) sought: (Set out orders applied for.) 3. Grounds of application: (Choose one of the following.) (a) The grounds of the application are set out in the affidavit(s)/consent(s)* filed in support of this application. (b) The grounds of the application are set out herein. 4. Party/Parties* to be served with this summons: 5. Consent*: I/We* consent to this summons.

Signature: (Signature of consenting party.) Name: (Name of solicitor for party consenting to this summons/ If in person, name of party consenting to this summons.) NRIC No.: This summons is taken out by: (To state name and party taking out this summons.) # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate)

Form 46 R.153

NOTICE OF COMMENCEMENT OF PROCEEDINGS IN THE SYARIAH COURT (Title as in action) Take notice that *proceedings for divorce between have been commenced in the Syariah Court on (state the date) under (state the proceedings number)/a decree or order for divorce between has been made by the Syariah Court on (state the date)/a divorce between has been registered under section 102 of the Administration of Muslim Law Act (Cap. 3) on (state the date). Dated this

day of

20

. Solicitors for the

*

Delete whichever is inapplicable.

Form 47 R.163, 168, 176, 179, 193, 197, 273, 277,301

ORIGINATING SUMMONS IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE O.S. No. of 20 . (Seal) (In the matter of

) ) ) ) Between Plaintiff. And Defendant.

To THE DEFENDANT(S) [name] of [address] The Plaintiff applies for the following orders: 1. 2. *This Summons is taken out by [to state name], solicitor for the abovenamed Plaintiff whose particulars are as follows [to state address]. *(If the Plaintiff is unrepresented) This Summons is taken out by the abovenamed Plaintiff who resides at [to state address]/(and if the Plaintiff does not reside within the jurisdiction) whose address for service is [to state address]. *Delete where inapplicable.

Registrar. Note: 1. This originating summons may not be served more than 6 months after the above date unless renewed by order of the Court. 2. If a defendant does not attend personally or by his counsel or solicitor at the time and place abovementioned, the Court may make such order(s) as it deems just and expedient. 3. Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons, he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant not later than 7 days after the service of the originating summons.

Form 48 R.163, 273, 277, 288, 301

EX PARTE ORIGINATING SUMMONS IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE O.S. No. of 20 . (Seal) (In the matter of

) ) ) Applicant/Plaintiff.

The Plaintiff applies for the following orders: 1. *This Summons is taken out by [to state name], solicitor for the abovenamed Plaintiff whose particulars are as follows [to state address]. *(If the Plaintiff is unrepresented) This Summons is taken out by the abovenamed Plaintiff who resides at [to state address]/(and if the Plaintiff does not reside within the jurisdiction) whose address for service is [to state address]. *Delete where inapplicable.

Registrar. Note: 1. Unless otherwise provided in any written law, the applicant intending to adduce evidence in support of the hearing of the originating summons must do so by affidavit or affidavits, and such affidavit(s) must be filed with the Court at the time of filing of the originating summons.

Form 49 R.202

FORM OF OATH (a) In the case of persons under section 4(1)(a) of the Oaths and Declarations Act (Cap. 211). I swear by Almighty God that [the evidence I shall give in this Court/tribunal/inquiry (or such other hearing) shall be] OR [the contents of this affidavit are] the truth, the whole truth, and nothing but the truth. So help me God. Taken of

and 20

subscribed .

before

me

at

,

this

day

Officer Administering the Oath (b) In the case of Interpreters under section 4(1)(b) of the Oaths and Declarations Act (Cap. 211). I, , having been appointed an Interpreter of the , do solemnly swear that I will faithfully interpret, translate and transcribe from the language into the English language and from the English language into the language to the best of my knowledge, skill and ability and without fear or favour, affection or ill-will. Taken of

and 20

subscribed .

before

me

at

,

this

day

Officer Administering the Oath

Form 50 R.203

FORM OF AFFIRMATION

(a) In the case of persons under section 4(1)(a) read with section 5 of the Oaths and Declarations Act (Cap. 211). I solemnly and sincerely declare and affirm that [the evidence I shall give in this Court/tribunal/inquiry (or such other hearing) shall be] OR [the contents of this affidavit are] the truth, the whole truth, and nothing but the truth. Taken of

and 20

subscribed .

before

me

at

,

this

day

Officer Administering the Affirmation (b) In the case of Interpreters under section 4(1)(b) read with section 5 of the Oaths and Declarations Act (Cap. 211). I, , having been appointed an Interpreter of the , do solemnly affirm that I will faithfully interpret, translate and transcribe from the language into the English language and from the English language into the language to the best of my knowledge, skill and ability and without fear or favour, affection or ill-will. Taken of

and subscribed 20 .

before

me

at

,

this

day

Officer Administering the Affirmation

Form 51 R.208

STATEMENT FOR PROBATE OR ADMINISTRATION IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE HCF/FC/P. No. ) of 20 . ) In the Matter of the Probate and Administration Act (Cap. 251) And In the Estate of deceased And In the matter of an Application by (names of Applicant(s))

(a) For Probate.

(A) Particulars of Deceased: The particulars of the Deceased are as follows: 1. 2. 3. 4. 5. 6. 7.

Name: ID Number: Address: Date of Death: Place of Death: Domicile: Gender:

(B) Particulars of Applicant(s): The particulars of the Applicant(s) are as follows: 1. Name: ID Number: Address: Gender:

(C) General Details: The Applicant(s) state(s) as follows: 1. The whole of the estate and effects of the deceased, movable and immovable, within the jurisdiction exclusive of what the deceased was possessed of or entitled to as a trustee for any other person or persons and not beneficially, but without deducting anything on account of the debts due or owing, [does/does not] exceed in value $[ ] million to the best of the knowledge, information and belief of the Applicant(s). 2. The paper writing filed is a certified true copy of the original last Will and Testament (with Codicil annexed) of the deceased. 3. The Applicant is the sole executor (or one of the executors) named in the Will. 4. The application for a grant is filed within 6 months from the death of the deceased./The application for a grant is filed after the lapse of 6 months from the death of the deceased. [state reasons for the delay]*. (D) Particulars of Executor(s) (other than Applicant(s)): The particulars of the executor(s) other than the Applicant(s) are as follows: 1. Name: Status: Date of Renunciation/Death: (b) For Administration.

(A) Particulars of Deceased: The particulars of the deceased are as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Name: ID Number: Address: Date of Death: Place of Death: Domicile: Nationality: (1) Religion: (2) Marital Status: (3) Gender:

(B) Particulars of Applicant(s): The particulars of the Applicant(s) are as follows:

1. Name: ID Number: Address: Gender: Relationship to the Deceased/Capacity: (4)

(C) General Details: The Applicant(s) state(s) as follows: 1. The whole of the estate and effects of the deceased, movable and immovable, within the jurisdiction exclusive of what the deceased was possessed of or entitled to as a trustee for any other person or persons and not beneficially, but without deducting anything on account of the debts due or owing, [does/does not] exceed in value $[ ] million to the best of the knowledge, information and belief of the Applicant(s). 2. The application for a grant is filed within 6 months from the death of the deceased./The application for a grant is filed after the lapse of 6 months from the death of the deceased. [state reasons for the delay]*.

(D) Particulars of Beneficiaries: The beneficiaries of the estate are as follows: 1. Name: (5) Gender: Age or Date of Birth: Relationship to the Deceased:

There are no beneficiaries who lack capacity within the meaning of the Mental Capacity Act (Cap. 177A)./* Beneficiary lacks capacity within the meaning of the Mental Capacity Act (Cap. 177A)

(E) Particulars of Spouse and Other Next-of-kin who are Deceased: The spouse or next-of–kin who are deceased are as follows: 1. Name:

Gender: Date of Death: Relationship to the Deceased:

(F) Particulars of the Person(s) with Prior/Equal Rights: The following persons have prior right to the Applicant or an equal right to a grant but the rights have been cleared off in the manner stated: 1.

Name: Manner of clearing off: Date of clearing off:

(G) Particulars of Minor(s): There is no minority interest in the estate./There are minority interests in the estate as follows*: 1.

Name: (6) Share Entitlement:

(H) Particulars of Co-Administrator(s): The Applicant applies for the following person to be appointed co-administrator of the estate of the deceased: 1. 2. 3. 4. 5.

Name: ID Number: Address: Gender: Relationship to the Deceased: (7)

The consent in writing of the said [name of co-administrator] to be appointed is filed with this application. (c) Administration with Will. In addition to Section C in (b) above, state -

3. The paper writing filed is a certified true copy of the original last Will and Testament (with Codicil annexed) of the deceased. 4. The Testator did not in the Will name any executor. / The executors named in the Will have died./The executors named in the Will have renounced probate and execution of the Will./The testator did not in the Will name any residuary legatee*.

(d) For Administration — Unadministered estate. Insert the following additional section to (b) above – (I) Particulars of Administrator/Executor in Previous Grant: Probate/Letters of Administration of the estate of the said deceased was (were) granted to the following person(s) but the person(s) died leaving (part of) the estate unadministered: Name: Capacity: Date of Death: Previous Probate Case No: Date of Grant: Grant Issued By:

(e) Administration by a trust company. Proceed as in (b) above but replace Section B with the following –

(B) Particulars of Applicant(s): The particulars of the Applicant(s) are as follows: Name: UEN: Registered Office Address: Name of Authorised Officer: ID Number of Authorised Officer: The Applicant is a Trust Company licensed under the Trust Companies Act (Cap. 336). The Applicant company by a resolution of their board of directors have authorised the

abovenamed officer to make this Statement and to make, swear and sign the Affidavit in support of the Originating Summons on their behalf. A copy of the resolution under the Seal of the Applicant company is filed with this application. The Applicant company has been authorised in writing by [name], the [relationship and capacity] to apply for Letters of Administration of the estate of the deceased. The written authorisation is filed with this application.

Note: In an Application for probate where there is one executor or executrix only named in the Will, he or she should be described as the sole executor or the sole executrix and in an Application for Letters of Administration all persons entitled to any part of the estate should be disclosed. At — (1) State country e.g. Singapore, Malaysia. (2) Religion e.g. Christian, Buddhist, Hindu, Muslim (if a Muslim state Madzhab to which he belonged). (3) A widower, widow, spinster or bachelor. (4) Descriptions to be used where the person applying for Letters of Administration is: a widow ... “the lawful widow” or, if the deceased was of a religion allowing polygamy, as “the only lawful widow” or “one of the lawful widows” as the case may be; a husband ... “the lawful husband”; a father ... “the lawful father and nextof-kin”; a mother ... “the lawful mother and next-of-kin” or “the lawful mother and only next-ofkin”; a child ... “the lawful and only child and only next-of-kin” or “one of the lawful children and next-of-kin”; a brother ... “the lawful brother”; a sister ... “the lawful sister”; the brother or sister shall further be described as

“one of the next-of-kin” or the “only next-of-kin”; a nephew

...

a niece

...

a grandparent

...

“the lawful nephew” and “one of the” or “only nextof-kin”; “the lawful niece” and “one of the” or “only next-ofkin”; if a brother or sister is living and the nephew or niece being the child of a brother or sister of the intestate who died in his lifetime applies for administration, he or she shall be described as “one of the persons entitled in distribution to the estate and effects of the deceased”; grandchild, cousin, etc., shall be described as “lawful” and “one of the next-of-kin” or “only nextof-kin”.

(5) His only or one of the lawful widows (or her lawful husband) and state the next-of-kin (in case of children state name, sex, and age or date of birth). (6) Set out the minority or life interest stating the name and interest of each minor entitled. (7) State relationship, if any, to deceased. (f) For Resealing in the Family Division of the High Court.

(A) Particulars of Deceased: The particulars of the Deceased are as follows: 1. Name: 2. ID Number: 3. Address: 4. Date of Death: 5. Domicile: 6. Marital Status: 7. Gender:

(B) Particulars of Applicant(s): The particulars of the Applicant(s) are as follows: 1. Name: ID Number: Address: Gender: Filing Capacity: (Add the following paragraph if the applicant is an attorney – “The Applicants have been duly authorised to make this application. The Power of Attorney has been deposited in the Supreme Court under the provisions of section 48 of the Conveyancing and Law of Property Act (Chapter 61) and a certified true copy is filed with this application. The details of the Power of Attorney are as follows: Donor’s Name: Date of Power of Attorney: Entered No. of Power of Attorney:

)

(C) Particulars of Foreign Grant & Original Grantee(s): The particulars of Foreign Grant and Original Grantee(s) are as follows: 1.

Nature of Foreign Grant:

2.

Foreign Grant Description:

[Select one of the following The said deceased died intestate and Letters of Administration of the estate and effects, of which a true copy is filed with this application, were duly granted to the said original grantee(s) by the foreign court.

3.

Foreign Court:

Or

The said deceased duly executed his/her last Will and Testament dated [date], and Probate, of which a true copy is filed with this application, was duly granted to the said original grantee(s) by the foreign court.

Or

The said deceased duly executed his/her Last Will and Testament dated [date], and Letters of Administration with such Will and Testament annexed, of which Letters and Will a true copy is filed with this application, was duly granted to the said original grantee(s) by the foreign court.

4.

Original Grantee:

5.

Date of Grant:

(D) Other Details: 1. The said deceased [did not reside or did not carry][resided or carried] on business in Singapore within 12 months prior to [his / her] death. 2. The Applicant(s) are aware that there are [or no] debts due from the estate of the deceased to creditors residing in Singapore. (E) The Deceased died possessed of properties in Singapore, namely: 1.

[Description of Property]

(g) Probate as in (a) above, for remaining executor(s) where more than one executor. In addition to Section C in (a) above, state -

Probate of the estate and effects of the said deceased was granted on [date of grant], to [name of executor] as [one / two / three] of the executors named in the said Will in [previous probate case number] power being reserved of making the like grant to [name of other executor] the other executor(s) named in the said Will. (A certified true copy of the grant is filed with this application.)

Form 52 R.208

CERTIFICATE OF RESULTS OF CAVEAT AND PROBATE APPLICATION SEARCHES (Title as in Form 51 or as may be) 1st Certification: A search of the probate record of caveats has been carried out immediately prior to the filing of this originating summons and there are no caveats in respect of the captioned estate. OR A search of the probate record of caveats has been carried out and the following caveat(s) is/are found against the captioned estate: Caveat No. 2nd Certification A search of the record of probate applications has been carried out immediately prior to the filing of this originating summons and there are no probate applications in respect of the captioned estate. OR A search of the record of probate applications has been carried out and the following application(s) is/are found against the captioned estate: Case No.

Form 53 R.233

RENUNCIATION (Title as in Form 51)

(a) Of Letters of Administration. I,

, state as follows: 1. The abovenamed deceased of , who at the time of his(her) death had property within Singapore, died on [date], at intestate leaving me (insert name) his(her) and next-of-kin. 2. I renounce all my right and title to Letters of Administration of the estate of the deceased. Signed by the said

this

day of

20

.

Before me, Solicitor (or Commissioner for Oaths). (b) Of Probate. I,

, state as follows: 1. The abovenamed deceased of , who at the time of his(her) death had property within Singapore, died on [date], at made and duly executed his(her) Last Will and Testament dated [date] (with a Codicil dated [date])) and appointed me the sole (or) one of the executor(s). 2. I declare that I have not intermeddled in the estate of the deceased and will not hereafter intermeddle with intent to defraud creditors; and I renounce all my right and title to the Probate and execution of the Will. Signed by the said

this

Before me, Solicitor (or Commissioner for Oaths).

day of

20 .

Form 54 R.235

ADMINISTRATION OATH (Title as in Form 51) I (We),

of

, do make oath (or affirm) and say that:

1. I (we) will faithfully administer the estate and effects of deceased by paying his debts so far as his estate and effects will extend and the law requires; 2. I (we) will distribute the residue of his estate and effects according to law; and 3. I (we) will render a just and true account of my (our) administration when I (we) am (are) lawfully required. Sworn (or affirmed) as in Form 132. Form 55 R.236

ADMINISTRATION BOND WE (I) of of of , and of are jointly and severally bound unto the Registrar of the Family Justice Courts, in the sum of Dollars ($ ) to be paid to the said Registrar for which payment we (I) bind ourselves (myself) and each of us our (my) heirs, executors and administrators sealed with our (my) seals this [date]. THE CONDITION of this obligation is that if the abovenamed the Administrator of the Estate and Effects of late of deceased who died on the day of 20 , do administer according to law the movable and immovable property of the said deceased which has or shall come to hands, possession or knowledge or into the hands and possession of any other person for then this obligation to be void and of no effect but otherwise to remain in full force and effect. Truly translated to the ) Obligors ) Through the interpretation ) of ) (Seal) (Seal) (Seal) (Seal) Before me, Commissioner for Oaths.

Form 56 R.237

GRANTS (Title as in Form 51) (a)

Of Probate.

Probate of the Last Will and Testament (with codicils if such is the case) (a copy of which is annexed) of late of , deceased who died on [date] at , is granted by this Court to as the sole executor (or one of the executors or as the case may be) named in the Will. Dated: Date of issue: Registrar. # This form requires sealing by the Court and the signature of the Registrar. (b)

Of Letters of Administration.

Letters of Administration of the estate and effects of late of , , deceased who died on [date] are granted to (insert the name and character in which the Grant is taken). Dated: Date of issue: Registrar. # This form requires sealing by the Court and the signature of the Registrar. (c)

Of Letters of Administration for unadministered estate. late of deceased died intestate on [date].

Letters of Administration of his estate and effects were previously granted by the High Court/Family Justice Courts/State Courts/Subordinate Courts to (insert the name and character in which the Grant was taken) who after taking such administration died on [date], leaving part of the estate unadministered. Letters of Administration of the said estate and effects so left unadministered were granted by this Court on [date] to (insert the name and character in which Grant was taken). Dated: Date of issue: Registrar. # This form requires sealing by the Court and the signature of the Registrar.

(d) Of Letters of Administration for unadministered estate with will annexed. The Last Will and Testament (with codicils if such is the case) (a copy of which is annexed) of late of deceased, was on [date] proved in the Family Justice Courts/High Court/State Courts and Probate was previously granted to the Executor (or one of the executors) named in the will who after taking such Probate died leaving the administration of the estate of the deceased incomplete and without having by his will appointed any executor. Letters of Administration with the will annexed of the estate and effects of the deceased left unadministered were on [date], granted by this Court to (insert the name and character in which the Grant was taken). Dated: Date of issue: Registrar. # This form requires sealing by the Court and the signature of the Registrar. (e)

To an Attorney.

As in (b) above inserting after “granted to ” the duly constituted attorney of (one of the lawful children and next-of-kin of the deceased or as may be) for the use and benefit of until he shall obtain a grant of Letters of Administration to himself. (f) To a Guardian. As in (b) above inserting after “granted to ” as the legal guardian of the lawful infant children and next-of-kin of the deceased, limited until one of the infants shall obtain a grant to himself. (g) Of Double Probate. On [date], the Last Will and Testament (with codicil(s) if such is the case) (a copy of which is annexed) of late of , deceased who died on [date] at was proved before this Court, and Administration of the estate was previously granted by this Court to as of the executors named in the Will, power being reserved of making the like grant to the other executor(s) named in the Will. On the date stated below, the Will of the deceased (with Codicil annexed) was also proved in this Court, and that the like administration of the estate and effects of the deceased was granted by this Court to the other executor(s) named in the Will.

Dated: Date of issue: Registrar. # This form requires sealing by the Court and the signature of the Registrar.

Form 57 R.239

CAVEAT (Title as in Form 51 or as may be) Let no grant be sealed in the estate of late of deceased, who died on [date] at without notice to of having interest as (here describe the nature of the interest). Dated: Issued by: Caveator (or Solicitor for the Caveator) My address for service is

Form 58 R.239

WARNING TO CAVEATOR (Title as in the action) To

of

.

You are hereby warned within 8 days after service upon you to file an Appearance to Warning either in person or by your solicitor at the Registry of the Family Justice Courts: (1) setting forth what interest you have in the estate of the abovenamed of deceased, contrary to that of the party at whose instance this warning is issued; or (2) setting forth your brief grounds if you have no contrary interest but wish to show cause against the sealing of a grant to such party. And take notice that in default of your so doing the Court may proceed to issue a grant of probate or administration in the said estate notwithstanding your caveat. Dated: Issued by: (Set out the name and interest including the date of the will, if any, under which the interest arises) of the party warning, (the name of his solicitor and the address for service). (If the party warning is acting in person, this must be stated.) # This form requires sealing by the Court and the signature of the Registrar.

Form 59 R.239(9), (11), (12), (14) R.243(7), R.244(5)

APPEARANCE TO WARNING OR CITATION (Title as in action)

To: The Registrar and the person warning (or citor) Appearance is entered for the following party in this matter — Appearing party type: Caveator (or person cited) Appearing party’s name: Appearing party’s contact details: For an appearance to warning Appearance is entered in respect of the following warning to caveator — Caveat No.: Caveat dated: in respect of the estate of

, deceased

of (address of deceased). Name of person warning: Contact details of person warning: Appearing party is claiming an interest contrary to that of the person warning (or showing cause against the making of a grant to the person warning). (To state particulars of contrary interest or brief grounds for showing cause.) For an appearance to citation Appearance is entered in respect of the following citation — Citation No.: (if any) Citation dated: in respect of the estate of

, deceased

of (address of deceased). Name of the citor: Contact details of the citor: Dated: Issued by:

(Solicitors for the

).

Form 60 R.243

CITATIONS (Title as in Form 51 or as may be) (a) Citation by brother to father to accept or refuse Administration. To

of

Whereas it appears by an affidavit of [date] that of died there bachelor without a mother and intestate, leaving you, lawful father and next-of-kin: And whereas it also appears that the deceased, and lawful son of you

on

filed on [date] a his

is the lawful brother of :

Now this is to require you, that, within 8 days after service, you do cause an appearance to be entered by you in the Registry of the Family Justice Courts, and accept or refuse Letters of Administration of the estate of the deceased or show cause why the same should not be granted to . And take notice that in default of your so appearing and accepting and extracting the said Letters of Administration the Court will proceed in the premises according to law, your absence notwithstanding. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar. (b) To

Citation to accept or refuse Probate. of

Whereas it appears by the affidavit of filed on [date] that, of , deceased, died on [date], at having made and duly executed his Last Will and Testament bearing [date] and therein appointed you, , the sole executor (or sole executor and residuary legatee and devisee or as may be):

And that be):

whereas it further appears by the said affidavit is a creditor (or a legatee named in the Will or as may

Now this is to require you, , that, within 8 days after service, you do cause an appearance to be entered by you in the Registry of the Family Justice Courts, and accept or refuse probate and execution of the Will (or as may be) of the said deceased, or show cause why the same should not be granted to as creditor of the deceased (or as may be): And take notice that in default of your so appearing and accepting and extracting the said probate of the Will, the Court will proceed in the premises according to law, your absence notwithstanding. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar. (c)Citation to bring in Probate (Another Will set up). To

of

Whereas it appears by an affidavit of filed on [date] that probate of the alleged Last Will and Testament of of , deceased, was, granted to you by the Court on [date]: And whereas it is alleged in the affidavit that the deceased made and duly executed his Last Will and Testament, dated [date], and appointed , executor (or as may be) and that probate ought to be called in, revoked, and declared null and void at law: Now this is to require you, that, within 8 days after service on you, you do bring into and leave in the Registry of the Family Justice Courts, the probate in order that may proceed in due course of law for the revocation of the same. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar.

(d) To

Citation to bring in Probate (Intestacy alleged). of

Whereas it appears by the affidavit of , filed on [date] that probate of the alleged Last Will and Testament of of , deceased, was granted to you by the Court on [date], and that the deceased died a bachelor, leaving , his lawful father and next-of-kin: And whereas it is alleged in the affidavit that the deceased died intestate, and that the probate ought to be called in, revoked, and declared null and void at law: Now this is to require you, that, within 8 days after service on you, you do bring into and leave in the Registry of the Family Justice Courts, the probate in order that may proceed in due course of law for the revocation of the same. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar. (e) To

Citation to bring in Letters of Administration (Will set up). of

Whereas it appears by the affidavit of , filed on [date] that Letters of Administration of all the estate of of , deceased, were granted to you by the Court on [date]: And whereas it is alleged in affidavit that the deceased made and duly executed his Last Will and Testament, dated [date], and appointed , executor (or as may be), and that the Letters of Administration ought to be called in, revoked and declared null and void at law: Now this is to require you, , that, within 8 days after service on you, you do bring into and leave in the Registry of the Family Justice Courts, the Letters of Administration in order that may proceed in due course of law for the revocation of the same. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar.

(f) Citation to bring in Letters of Administration (Administrator alleged not to be entitled). To

of

Whereas it appears by the affidavit of , filed on [date], that Letters of Administration of all the estate of of , deceased, were granted to you by the Court, as the lawful brother and one of the next-of-kin of the said deceased on [date]: And whereas it is alleged in the affidavit that you are not one of the next-of-kin of the deceased, and that is the lawful son and only next-of-kin (or as may be) and that the Letters of Administration ought to be called in, revoked, and declared null and void in law: Now this is to require you, , that, within 8 days after service on you, you do bring into and leave in the Registry of the Family Justice Courts, the Letters of Administration in order that may proceed in due course of law for the revocation of the same. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar. (g) To

Citation to see proceedings. of

Whereas it appears by the affidavit of , filed on [date], that there is now pending in the Court, Probate suit entitled and another against , No. of 20 , where the plaintiffs are proceeding to prove in solemn form of law the alleged Last Will and Testament, dated [date], at . And whereas it further appears by the affidavit that you are the lawful and one of the next-of-kin of the deceased (or a legatee under the alleged will, dated or as may be). Now this is to give notice to you, , to appear in the suit either personally or by your solicitor, should you think it for your interest so to do, at any time during the dependence of the suit and before final judgment shall be given. And take notice that, in default of your so doing, the said Court will proceed to hear the Will proved in solemn form of law and pronounce judgment in the suit, your absence notwithstanding. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar.

(h)

Citation against executor who has intermeddled.

To

of

Whereas it appears by the affidavit of , filed on [date] that, of , deceased, died on [date] at having made and duly executed his Last Will and Testament bearing [date] and appointed you, , the sole executor (or sole executor and residuary legatee and devisee or as may be): And whereas it is alleged in the affidavit that you intermeddled in the estate of the deceased:

have

Now this is to require you, that, within 8 days after service on you, you do cause an appearance to be entered by you in the Registry of the Family Justice Courts and show cause why you should not be ordered to take probate of the Will under pain of the law and contempt thereof. And take notice that in default of your so appearing and complying with the requirements of this citation the Court will proceed in the premises according to law, your absence notwithstanding. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar. (i)

Citation to propound a Will.

To

of

Whereas it appears by the affidavit of filed on [date] that of died on [date] at , intestate a widower leaving , his lawful son the only person entitled to his estate: And whereas it is alleged in the affidavit that the deceased left a certain paper writing dated [date], purporting to be a will where he appointed you sole executor (or sole executor and residuary legatee and devisee or as may be): Now this is to require you, that, within 8 days after service on you, you do propound the will or paper writing should you think it in your interest to do so. And take notice that in default of your complying with the requirements of this citation the Court will proceed to grant Letters of Administration of the estate to , your absence notwithstanding. Dated: Contact details of : # This form requires sealing by the Court and the signature of the Registrar.

Form 61 R.251

MEMORANDUM OF RESEALING (Title as in action) The applicant [ ] having filed a certified true copy of the [foreign grant ] with this Court, the Grant is now sealed on [date] pursuant to the Probate and Administration Act (Cap 251). # This form requires sealing by the Court and the signature of the Registrar. Form 62 R.251

FORM FOR NOTICE OF RESEALING REGISTRY, FAMILY JUSTICE COURTS, SINGAPORE, 20 HCF/P. No. ) of 20 . ) NOTICE OF RESEALING OF GRANT SIR,

.

Notice is hereby given that the undermentioned Grant, which was issued under the seal of your Court, was, on the date stated, resealed in the Family Division of the High Court of the Republic of Singapore. Name of Nature and Date of Grant Date of Resealing Deceased

Registrar, Family Justice Courts, Republic of Singapore.

Form 63 R.276

STATEMENT (FOR DETERMINATION OR DECLARATION OF PARENTHOOD) (Title as in action) 1.

Particulars of Applicant/Plaintiff: (a) Name: (b) Nationality: (c) Race: (d) Dialect group: (e) Date of birth: (f) Country/Place of birth: (g) Singapore NRIC No./Passport No.*: (h) Residential address: (i) Occupation:

2.

Particulars of person (other than Applicant/Plaintiff) who is treated or claiming to be treated as parent of the relevant child**: (a) Name: (b) Nationality: (c) Race: (d) Dialect group: (e) Date of birth: (f) Country/Place of birth: (g) Singapore NRIC No./Passport No.*: (h) Residential address: (i) Occupation:

3.

Where section 9 of the Status of Children (Assisted Reproduction Technology) Act 2013 applies, particulars of person whose egg, sperm or embryo was used in the fertilisation procedure undergone by gestational mother by reason of any mistake, negligence, recklessness or fraud**: (a) Name: (b) Nationality: (c) Race: (d) Dialect group: (e) Date of birth: (f) Country/Place of birth: (g) Singapore NRIC No./Passport No.*: (h) Residential address: (i) Occupation:

4.

Particulars of gestational mother of the relevant child**: (a) Name: (b) Nationality: (c) Race: (d) Dialect group: (e) Date of birth: (f) Country/Place of birth: (g) Singapore NRIC No./Passport No.*: (h) Residential address: (i) Occupation:

5.

Particulars of relevant child**: (a) Name: (b) Date of birth: (c) Gender: (d) Country/Place of birth: (e) Time of birth: (f) Birth registration no.:

(*Passport number to be stated where person is not a citizen or permanent resident of Singapore) (**To fill in particulars if known)

Form 64 R.283

ORDER OF COURT (FOR DETERMINATION OR DECLARATION OF PARENTHOOD) (Title as in action) 1.

Parties present at the hearing:

2.

Orders made:

This form requires sealing by the Court and the signature of the Registrar.

THE SCHEDULE PARENTHOOD DETERMINED OR DECLARED UNDER SECTION 10 OR 15 OF STATUS OF CHILDREN (ASSISTED REPRODUCTION TECHNOLOGY) ACT 2013 Full name CHILD’S PARTICULARS

#

Sex

Date of birth

Day

Month

Year

Place of birth

Birth Register No.

Mother

Father

Parents before Order made under section 10 or 15 of the Act PARENTS DETERMINED OR DECLARED UNDER SECTION 10 OR 15 OF THE ACT

Name of Father

Citizenship of Father at the time of the child’s birth

Singapore NRIC No./ Passport No.*

Name of Mother

Citizenship of Mother at the time of the child’s birth

Singapore NRIC No./ Passport No.*

Name and Surname

Date of birth

Country of birth

Race/Dialect Group

Nationality/Citizenship

Singapore NRIC No./ Passport No.*

Occupation

Address

Maiden Name

Date of birth

Country of birth

Race/Dialect Group

Nationality/Citizenship

Singapore NRIC No./ Passport No.*

Occupation

Address

Date of Order made under section 10 or 15 of the Act Description of Court by which made (* Passport number to be stated where person is not a citizen or permanent resident of Singapore)

Form 65 R.296

ORDER FOR CONSOLIDATION (Title as in action) Upon the application of the plaintiff (or the defendant) in this action and upon reading the affidavit of filed the day of 20 , and upon hearing It is ordered that Suit/Originating Summons No. be consolidated with Suit/Originating Summons No. and do proceed as one action and it is further ordered that the title of Suit/Originating Summons No. be amended by adding to it the titles of (state the numbers of the suits/originating summonses which are being consolidated) and that all subsequent documents be filed in Suit/Originating Summons No. (state any other orders or directions given by the Court). Dated this

day of

20

.

# This form requires sealing by the Court and the signature of the Registrar. Form 66 R.297

WRIT OF SUMMONS IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE

Suit No. (Seal)

of 20

. Between Plaintiff(s) And Defendant(s)

To THE DEFENDANT(S) [name] of [address] THIS WRIT OF SUMMONS has been issued against you by the abovenamed Plaintiff(s) in respect of the claim endorsed herein. Within days after the service of this Writ on you, you must either satisfy the claim or cause an appearance to be entered for you using the electronic filing service and in default of your so doing the Plaintiff(s) may proceed with the action and judgment may be entered against you without further notice. Dated this day of Solicitor for the Plaintiff(s).

20

.

Registrar Family Justice Courts, Singapore. (Note: If any defendant is outside the jurisdiction, a separate period of time for entering appearance must be inserted.) Memorandum to be subscribed on the writ This writ may not be served more than (a) 6 months after the above

(Note: If any defendant is outside the jurisdiction, a separate period of time for entering appearance must be inserted.) Memorandum to be subscribed on the writ This writ may not be served more than (a) 6 months after the above date, or (b) 12 months after the above date where leave to serve out of jurisdiction has been obtained, unless renewed by order of the Court. The defendant(s) may enter an appearance(s) either personally or by a solicitor at the Registry of the Family Justice Courts. Endorsements to be made on writ before issue. Endorsement of claim/statement of claim. (Set out the endorsement or statement of claim). (If the plaintiff’s claim is for a debt or liquidated demand only, the following endorsement must be added at the foot of the claim:) And $ (or such sum as may be allowed on taxation) for costs, and also, if the plaintiff obtains an order for substituted service, the further sum of $ (or such sum as may be allowed on taxation). If the amount claimed and costs be paid to the plaintiff or his solicitor within days after service hereof, further proceedings will be stayed. Where the Writ of Summons is endorsed with a Statement of Claim the following must be added: Note: If the defendant enters an appearance, then he must also serve a defence on the solicitor for the plaintiff within 14 days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without further notice. (If the plaintiff sues, or the defendant is sued, in a representative capacity, this must be stated in the endorsement of claim). Endorsement as to solicitor and address. This writ is issued by of solicitor for the said plaintiff whose address is (or where the plaintiff sues in person). This writ is issued by the said plaintiff who resides at and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is . Endorsement as to service. This writ was served by by way of personal service (or as may be) (state manner of service or in accordance with the terms of an order for substituted service) on the defendant (who is known to me) (or who was pointed out to me by ) (or who admitted to me that he was ) at (place) on the day of 20 . Endorsed this

day of

20

. Process Server.

Form 67 R.300

NOTICE OF RENEWAL OF WRIT Renewed of of

20 20 Dated this

for months by an order of

from Court dated

the the

day day

. day of

20

. Solicitor for the

Form 68 R.306

MEMORANDUM OF SERVICE (Title as in action) Date: To: The Registrar. The writ of summons herein was served on — Name of person served: Capacity in which person is served: (The defendant) (or as may be). On: (Day, date and time of service). At: (Place of service). Method of service: (State how service effected). Issued by:

(Solicitors for the

).

Form 69 R.312

AFFIDAVIT FOR LEAVE TO SERVE ORIGINATING PROCESS OUT OF SINGAPORE (Title as in action) I, (name, address and description of deponent), do make oath (or affirm) and say as follows: 1. I am the plaintiff (or as may be) in this action. 2. This application is made pursuant to Rule 311 (specify the paragraphs). 3. The facts in support of paragraph 2 are 4. I verily believe that I have a good cause of action against the abovenamed defendant (state the facts, or refer to the Statement of Claim filed, or exhibit a copy of the proposed Statement of Claim, or refer to the originating process and any affidavits filed therein). 5. The defendant is presently residing (or carrying on business) at in the State of . 6. days will probably be sufficient for the defendant to enter an appearance in the Registry of the Family Justice Courts. 7. I apply for leave to serve the writ (or as may be) on the defendant at or elsewhere as he may be found in the State of . 8. It is necessary/not necessary to extend the validity of this writ (and if necessary, to state how long). Sworn (or affirmed) as in Form 132. Form 70 R.312

ORDER FOR SERVICE OF DOCUMENT OUT OF SINGAPORE (Title as in action) Upon the application of affidavit of filed the upon hearing ,

the plaintiff and upon reading the day of 20 and

IT IS ORDERED THAT: 1. The plaintiff have leave to serve a sealed copy of the writ of summons on the defendant at (address at which defendant to be served) or elsewhere in the State of . be

2. The time for entry of an appearance in this action by the defendant days after service on him of the writ of summons (or as may be).

Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 71 R.314

REQUEST FOR SERVICE OF DOCUMENT OUT OF SINGAPORE (Title as in action) We hereby request that the writ of summons (or as may be, describing the document including translation, if applicable) in this action be sent through the proper channel to (name of country) for service on the (defendant) , at or elsewhere in (name of country) and that it may be served — (i) through the government of (where the government is willing to effect service). (ii) through the judicial authority of . (iii) through a Singapore consular authority at . (delete which methods not desired) We hereby undertake to be responsible personally for all expenses incurred by the Minister in respect of the service requested and, on receiving due notification of the amount of those expenses, to pay that amount to the office of the said Minister and to produce a receipt for the payment to the proper officer in the Registry. Dated this

day of

20

. Solicitors for the

Form 72 R.320, 350, 356(4),(7)

MEMORANDUM OF APPEARANCE (Title as in action)

To: The Registrar. Appearance is entered for the following parties in this action: Appearing party type: (e.g. 1st Defendant) Appearing party name: Where appearing party is represented by solicitors Law firm name: Law firm address: Solicitor’s name: Solicitor’s contact particulars: (tel.); (fax);

(email).

Where appearing party is acting in person Residential address: Address for service within jurisdiction (if residential address is outside jurisdiction): Other contact particulars: (tel.);

(fax);

(email).

The statement of claim is (required / not required) to be filed and delivered. Issued by:

(Solicitors for the

).

Form 73 R.333, R.416

REQUEST TO ENTER JUDGMENT (Title as in action) To: The Registrar Request is made for judgment to be entered against the defendant, (name): *1. For failure by the defendant to enter an appearance within the time limited for appearing. I certify that: (a) the writ has been duly served on the defendant, (name), on (date of service) as specified in the memorandum of service filed on (date) and properly endorsed; and (b) I have conducted a search for appearance and no appearance has been entered by the defendant. *2. For failure by the defendant to serve a defence on the plaintiff, within the period fixed under the Family Justice Rules for service of defence. I certify that no defence has been served on the plaintiff by the defendant, (name), within the period fixed by the Family Justice Rules for service of defence. Issued by: (*Use as appropriate)

(Solicitors for the

).

Form 74 R.333, R.416

JUDGMENTS (Title as in action)

[Notes: R.328; R.410; R.694]

(a) Default judgment in action for liquidated demand. No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff $ and $ costs (or costs to be taxed). (The above costs have been taxed and allowed at $ the Registrar’s certificate dated the day of

as appears by 20 ).

Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.329; R.411; R.694]

(b) Default judgment in action for unliquidated damages. No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do pay the plaintiff damages to be assessed. The amount found due to the plaintiff under this judgment having been certified at $ as appears by the Registrar’s certificate filed the day of 20 . It is adjudged that the defendant do pay the plaintiff $ to be taxed.

and costs

The above costs, etc. (as in (a) above). (Note: This form is a combined form of interlocutory and final judgment. The plaintiff may at his option enter interlocutory judgment by omitting the words below the line in the form and enter a separate final judgment in (f) below). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.673]

(c) Default judgment in action relating to detention of movable property. No appearance having been entered (or no defence having been served) by the defendant herein, It is this day adjudged that the defendant do deliver to the plaintiff the movable property described in the writ of summons (or statement of claim) as (description of movable property) or pay the plaintiff the value of the said property to be assessed (and also damages for their detention to be assessed). or It is this day adjudged that the defendant do pay the plaintiff the value of the movable property described in the writ of summons (or statement of claim) to be assessed (and also damages for their detention to be assessed). The value of the said movable property having been assessed at $ (and damages at $ ) as appears by the Registrar’s certificate filed the day of 20 . It is adjudged that the defendant do pay the plaintiff $ to be taxed.

and costs

The above costs, etc. (as in (a) above). (Note: See the note to (b) above). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.330; R.412; R.673]

(d) Default judgment in action for possession of immovable property. No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do give the plaintiff possession of the immovable property described in the writ of summons (or statement of claim) as and pay the plaintiff $ costs (or costs to be taxed). The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.330; R.413; R.673]

(e) Judgment in default in action for possession of immovable property, damages and costs. No appearance having been entered (or no defence having been served) by the defendant herein, it is this day adjudged that the defendant do give the plaintiff possession of the immovable property described in the writ of summons (or statement of claim) as . And it is further adjudged that the defendant do pay the plaintiff (mesne profits) (damages) to be assessed. The amount found due to the plaintiff under this judgment having been certified at the sum of $ as appears by the Registrar’s finding filed the day of 20 . It is adjudged that the defendant do pay the plaintiff $ to be taxed.

and costs

The above costs, etc. (as in (a) above). (Note: See the note to (b) above). # This form requires sealing by the Court and the signature of the Registrar. [Note: R.673]

(f) Final judgment after assessment of damages, etc. The

day of

20

.

The plaintiff having on the day of 20 obtained interlocutory judgment herein against the defendant for damages (or as may be) to be assessed, and the amount found due to the plaintiff having been certified at $ as appears by the Registrar’s certificate filed the day of 20 . It is this day adjudged that the defendant do pay the plaintiff $ costs to be taxed.

and

The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.337; R.673]

(g) Judgment under Order 14. The

day of

20

.

The defendant having entered appearance herein and the Court having under Order 14, Rule 3, ordered that judgment as hereinafter provided be entered for the plaintiff against the defendant, It is this day adjudged that the defendant do pay the plaintiff and $ costs (or costs to be taxed). or pay the plaintiff damages to be assessed and costs to be taxed. or deliver to the plaintiff the movable property described in the writ of summons (or statement of claim) as (or pay the plaintiff the value of the said movable property to be assessed) (and also damages for their detention to be assessed) and costs to be taxed. or give the plaintiff possession of the immovable property described in the writ of summons (or statement of claim) as and costs to be taxed. $

The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.339; R.673]

(h) Judgment for the Defendant under Order 14. The

day of

20

.

The Court having under Order 14, Rule 5, ordered that judgment be entered for the defendant against the plaintiff on the counterclaim for $ and costs of the counterclaim. It is this day adjudged that the plaintiff do pay the defendant $ costs of the counterclaim to be taxed.

and

The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Note: R.673]

(i) Judgment after trial before Judge. The of

day of

20

.

This action having been tried before Justice 20 .

on the

day

It is adjudged that the defendant do pay the plaintiff $ and his costs of action to be taxed (or that this action be dismissed and that the plaintiff do pay the defendant his costs to be taxed) (or as may be according to the Judge’s order). (It is further adjudged that execution be stayed for days) (and if within that time the gives notice of appeal, execution be further stayed until the determination of the appeal or as may be according to the Judge’s direction). The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.571; R.673]

(j) Judgment of Dismissal. Dated and entered the

day of

20

.

This action having on the day of 20 , been called on for hearing before Justice , and the plaintiff having failed to appear, and the defendant having thereupon become entitled under Rule 571(2), to judgment dismissing the action and the said having ordered that judgment be entered accordingly. Therefore it is adjudged that this action do stand dismissed out of this Court with costs. And it is further adjudged that the plaintiff do pay the defendant his costs to be taxed. The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Note: R.673]

(k) Judgment in pursuance of Order. Pursuant to the Order of whereby it was ordered

dated 20 and default having been made,

It is this day adjudged that the defendant do pay the plaintiff $ costs to be taxed.

, and

The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Note: R.673]

(l) Judgment after trial before Registrar. Dated and entered the

day of

20

.

This action by an order dated the day of 20 having been ordered to be tried before , Registrar of the Family Justice Courts and the said Registrar having tried the said action and having by his certificate dated the day of , 20 directed that judgment as hereinafter provided be entered for the plaintiff (or defendant), It is adjudged that (as in (i) above according to the Registrar’s certificate). # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.563; R.673]

(m) Judgment after decision of preliminary issue. Dated and entered the

day of

20

.

The issue (or question) arising in this cause (or matter) by the order dated the day of 20 ordered to be tried before Justice having on the day of 20 been tried before the said and the said having found and having ordered that judgment as hereinafter provided be entered for the (or having dismissed the cause or matter), It is this day adjudged that (the defendant do pay the plaintiff $ ) (and his costs of action to be taxed) (the plaintiff do pay the defendant his costs of defence to be taxed) (or as may be according to the order made). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. [Note: R.673]

(n) Judgment for liquidated sum against personal representative. Dated and entered the

day of

20

.

(Recital as in (a) or (f) to (n) according to the circumstances in which judgment was obtained), It is adjudged that the defendant as executor (or administrator) of the abovenamed deceased do pay the plaintiff $ and costs to be taxed, the said sum and costs to be levied of the real and personal estate within the meaning of the Probate and Administration Act (Cap. 251) of the deceased at the time of his death come to the hands of the defendant as such executor (or administrator) to be administered, if he has or shall hereafter have so much thereof in his hands to be administered, and if he has not so much thereof, in his hands to be administered, then, as to the costs aforesaid, to be levied of the movable property of the defendant authorised by law to be seized in execution (or as may be according to the order made). The above costs, etc. (as in (a) above). # This form requires sealing by the Court and the signature of the Registrar. [Note: R.861]

(o) Judgment for defendant’s costs on discontinuance. The

day of

20

.

The plaintiff having by a notice in writing dated the day of 20 , discontinued this action (or withdrawn his claim in this action for ) and the defendant’s costs of the action (or of the claim withdrawn) having been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 , and the plaintiff not having paid the sum within 4 days after taxation, It is this day adjudged that the plaintiff do pay the defendant $ said taxed costs.

the

Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. [Notes: R.861(3), (4)]

(p) Judgment for costs after acceptance of money paid into Court. The

day of

20

.

The defendant having paid into Court in this action the sum of $ in satisfaction of the plaintiff’s cause(s) of action (or in satisfaction of the plaintiff’s cause of action for ), and the plaintiff having by his notice dated the day of 20 accepted that sum in satisfaction of his cause(s) of action (or in satisfaction of his cause of action for , ; abandoned his other cause(s) of action), and the plaintiff’s costs herein having been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 , and the defendant not having paid the sum within 48 hours after taxation, It is this day adjudged that the defendant do pay the plaintiff $ said taxed costs.

the

Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 75 R.350 NOTICE TO BE ENDORSED ON COPY OF COUNTERCLAIM To Take notice that, if you intend to defend this counterclaim, an appearance must be entered to the counterclaim on your behalf within 8 days (or if the counterclaim is to be served out of the jurisdiction, insert here the time fixed by the order giving leave to serve the counterclaim out of the jurisdiction) using the electronic filing service after the service of this defence and counterclaim on you, otherwise judgment may be given against you without further notice. Directions for entering appearance. The person served with this counterclaim may enter an appearance in person or by a solicitor at the Registry of the Family Justice Courts using the electronic filing service. Form 76 R.362

NOTICE OF ACTION (Title as in action) To TAKE NOTICE THAT:

of

(1) An action has been begun in the Family Courts / Family Division of the High Court* in accordance with the writ of summons/originating summons attached hereto. (2) You are or may be one of the persons who is interested in the action. (3) You may within 8 days after service of this notice enter an appearance using the electronic filing service and thereby become a party to the action. (4) If you do not enter an appearance you will be bound by any judgment given in the action as if you were a party to it. Dated this To Solicitor for

day of

20

.

Directions for entering appearance. (As in Form 77) * to delete accordingly.

Form 77 R.367

THIRD PARTY NOTICE CLAIMING CONTRIBUTION OR INDEMNITY OR OTHER RELIEF OR REMEDY

Suit No. of 20 .

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE ) ) Between Plaintiff And Defendant And Third Party THIRD PARTY NOTICE

(Issued pursuant to the order of (name of Judge) dated the of 20 .) To of

day

Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant (state the nature of the plaintiff’s claim) as appears from the writ of summons (or originating summons) a copy whereof if served herewith (together with a copy of the statement of claim or originating summons). The defendant claims against you (state the nature of the claim against the third party as for instance to be indemnified against the plaintiff’s claim and the costs of this action or contribution to the extent of (one half) of the plaintiff’s claim or the following relief or remedy namely on the grounds that (state the grounds of the claim)). (Note: In an action begun by writ, the following notice must be inserted.) And take notice that if you wish to dispute the plaintiff’s claim against the defendant, or the defendant’s claim against you, an appearance must be entered on your behalf within 8 days (or if the notice is to be served out of jurisdiction insert the time of appearance fixed by the order giving leave to issue the notice and serve it out of jurisdiction) using the electronic filing service after the service of this notice on you, otherwise you will be deemed to admit the plaintiff’s claim against the defendant and the defendant’s against you and your liability to (indemnify the defendant or to contribute to the extent claimed or to stating the relief or remedy) and will be bound by any judgment or decision given in the action, and the judgment may be enforced against you in accordance with Div.10 of Part 18 of the Family Justice Rules. Dated this

day of

20

.

Solicitor for the defendant. Directions for entering appearance. The person served with this notice may enter an appearance in person or by a solicitor at the Registry of the Family Justice Courts using the electronic filing service.

Form 78 R.367

THIRD PARTY NOTICE WHERE QUESTION OR ISSUE TO BE DETERMINED (Title etc., as in Form 77 down to end of first paragraph) The defendant requires that the following question or issue, viz., (state the question or issue required to be determined) should be determined not only between the plaintiff and the defendant but also between either or both of them and yourself. (Note: In an action begun by writ, the following notice must be inserted.) And take notice that if you wish to be heard on the said question or issue or to dispute the defendant’s liability to the plaintiff or your liability to the defendant, an appearance must be entered on your behalf within 8 days (or if the notice is to be served out of the jurisdiction, insert the time for appearance fixed by the order giving leave to issue the notice and serve it out of the jurisdiction) using the electronic filing service after the service of this notice on you, otherwise you will be bound by any judgment or decision given in the action in so far as it is relevant to the said question or issue, and the judgment may be enforced against you in accordance with Div.10 of Part 18 of the Family Justice Rules. Dated this

day of

20

.

Solicitor for the defendant. Directions for entering appearance. (As in Form 77). Form 79 R.368

SUMMONS FOR LEAVE TO ISSUE A THIRD PARTY NOTICE (Title as in action) To:

Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. Leave to issue a third party notice, a copy of which is attached herein. 2. The costs of this application be . Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar.

Form 80 R.370

SUMMONS FOR THIRD PARTY DIRECTIONS (Title as in Form 77) To: The third party (and his solicitors). Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. The defendant serve a statement of claim on the said third party within days from this date, who shall plead thereto within days. 2. (State any other directions as may be required). 3. The said third party be at liberty to appear at the trial (or hearing) of this action, and take such part as the Judge shall direct, and be bound by the result of the trial (or hearing). 4. The question of the liability of the said third party to indemnify the defendant be tried at the trial (or hearing) of this action, but subsequent thereto. 5. The costs of this application be costs in the cause and in the third party proceedings. Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar.

Form 81 R.370

ORDER FOR THIRD PARTY DIRECTIONS (Title as in Form 77) Upon hearing defendant and

the and

application of for the plaintiff and for the third party.

and

upon for the

(In an action begun by writ) It is ordered that the defendant serve a statement of his claim on the said third party within days from this date, who shall plead thereto within days. (State any other directions that had been ordered). And that the said third party be at liberty to appear at the trial (or hearing) of this action, and take such part as the Judge shall direct, and be bound by the result of the trial (or hearing). And that the question of liability of the said third party to indemnify the defendant be tried at the trial (or hearing) of this action, but subsequent thereto. And that the costs of this application be Dated this

day of

20

.

Form 82 R.378

NOTICE BY CLAIMANT OF PROPERTY TAKEN IN EXECUTION (Title as in action) And Claimant. Take notice that I of claim the following property that has been taken in execution in this action at (state address) on the day of 20 : (State the money, goods or other movable property claimed and the grounds for the claim). Dated this

day of

20

. Claimant.

My address for service is: To the Sheriff/bailiff and the execution creditor (or solicitor for execution creditor).

Form 83 R.378

NOTICE BY SHERIFF/BAILIFF OF PROPERTY TAKEN IN EXECUTION (Title as in Form 82) Take notice that of has claimed the following property (specify the property claimed) taken in execution by me under the writ of seizure and sale issued in this action. If within 4 days after receiving this notice, you give notice to me that you admit the claim of the said to the said property or request me to withdraw from possession in Form 84 you will not be liable for any costs incurred after the receipt by me of your notice. Dated this

day of

20

. Sheriff/bailiff.

To the execution creditor (or solicitor for execution creditor).

Form 84 R.378

NOTICE BY EXECUTION CREDITOR OF PROPERTY TAKEN IN EXECUTION (Title as in Form 82) Take notice that I admit (or dispute) the claim of to the property seized by you (or I request you to withdraw from possession) under the writ of seizure and sale issued in this action. Dated this

day of

20 . Execution Creditor (or solicitor for execution creditor).

To the Sheriff/bailiff and the claimant (or solicitor for the claimant). Form 85 R.379

INTERPLEADER SUMMONS (Title as in Form 82) (a)

To Execution Creditor.

Whereas the above claimant has made a claim to certain property taken in execution under process issued out of this Court at your instance: You are hereby summoned to appear before the Family Court / Family Division of the High Court* on (date/time) when the said claim will be adjudicated upon and such order made thereon as the Court shall think just. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. Entered No. of 20 . Clerk. To: The execution creditor (or solicitor for execution creditor).

Form 86 R. 379 STATEMENT IN SUPPORT OF AN INTERPLEADER SUMMONS: BY SHERIFF/BAILIFF (Title as in Form 82) 1. On (date), of gave me notice that he claimed the following property (specify the property claimed) taken by me in execution under (the writ of seizure and sale) issued in this action. 2. On (date), I notified the execution creditor of the said claim. He does not admit the claim and has not requested me to withdraw from possession of the property claimed. 3. I value the property claimed at approximately $ . I claim no interest in the subject-matter in dispute other than commission fees and expenses of execution. 4. I do not in any manner collude with any of the parties herein. Sheriff/bailiff. Form 87 R.379 AFFIDAVIT IN SUPPORT OF AN INTERPLEADER SUMMONS BY A PERSON UNDER LIABILITY (In a pending action application as in Form 118, in any other case by an originating summons) I, of (if in an action, the abovenamed defendant) do make oath (or affirm) and say as follows: 1. (If in an action.) This action is brought to recover (state what) claimed by the plaintiff but I have received a claim adverse to that of the plaintiff from of (or, if no action), I have received adverse claims from of and of to (state what) which is of the approximate value of $ . I expect to be sued on these claims by the said claimant. 2. I claim no interest in the subject-matter in dispute (other than the sum of $ for costs or charges) (or as the case may be). I do not in any manner collude with either (or any) of the said claimants. 3. I am ready and willing to bring into Court or to pay or dispose of the subject-matter in dispute in such manner as the Court may direct. Sworn (or affirmed) as in Form 132.

Form 88 R.387

JUDGMENT (OR ORDER) ON INTERPLEADER SUMMONS (Title as in Form 82) (Recital) Upon this Interpleader Summons (or Originating Summons) coming up for hearing before His Honour on the day of 20 and upon hearing the evidence adduced and what was alleged by the parties (or their counsel) (Insert the appropriate Operative Part). (Operative Parts) (a) Under execution. It is adjudged touching the claim of to (specify the property) (or to the proceeds of sale (or value) of (specify the property)) taken in execution under process issued out of this Court at the instance of execution creditor, that the said (specify the property) (or proceeds of sale) (or value) (or part of the said property) (or proceeds of sale (or value)) namely (specify same) is (or are) not the property of the claimant. And it is ordered that the said do pay to the said the sum of $ for costs (and the sum of $ for extra expenses of execution and keeping possession occasioned by the claim). [Insert directions as to disposal of any money in Court.] (b) In a pending action. It is this day adjudged touching the claims of the plaintiff and the claimant to (part of) the subject-matter of this action that the claim of the plaintiff (or claimant) is valid and that the claimant (or plaintiff) has no claim thereto. (And it is further adjudged that the plaintiff (or claimant) do recover against the defendant the sum of $ for debt and $ for costs amounting together to the sum of $ ). (And it is ordered — here insert any order for delivery of the property). And it is further adjudged that the plaintiff (or claimant) do recover the sum of $ from the claimant (or plaintiff) for costs (add if any costs awarded to the defendant against the plaintiff or claimant: $

And it is further adjudged that the defendant do recover the sum of for costs from the plaintiff (or claimant)).

(If the claimant fails to appear and an order is made barring his claim proceed as follows: And the claimant not appearing, it is declared that the said and all persons claiming under him be forever barred as against the plaintiff and all persons claiming under him). (c) In any other case. It is this day adjudged (here set out the judgment determining the claim as between the applicant and any claimant who appears or, if all the claimants appear, the judgment determining the rights and claims of all parties and any order as to payment, or delivery of the property and costs) (If any claimant fails to appear and an order is made barring his claim proceed as follows: said

And the claimant not appearing, it is declared that the and all persons claiming under him be forever barred as

(If any claimant fails to appear and an order is made barring his claim proceed as follows: And the claimant not appearing, it is declared that the said and all persons claiming under him be forever barred as against the applicant and all persons claiming under him). (Testimonium) Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 89 R.398

PARTICULARS SERVED PURSUANT TO REQUEST OR ORDER (Title as in action) Further and better particulars of the statement of claim (or defence or as may be). Served of

pursuant 20 .

to

request

(or

order)

dated

the

day

(Here set out in numbered paragraphs the particulars requested (or ordered) and the answers to them). Dated this

day of

20

. Solicitor for the

Form 90 R.430

NOTICE OF DISCONTINUANCE (Title as in action) Take notice that the plaintiff wholly (or specify the part) discontinues this action (or the defendant wholly (or specify the part) withdraws the defence or discontinues his counterclaim) against the defendant (plaintiff). Dated this

day of

20 . Solicitor for the

To the Registrar and the other parties to the action.

Form 91 R.435

NOTICE OF PAYMENT INTO COURT (Title as in action) To the Registrar, the plaintiff and the other defendants. Take notice that — The defendant

has paid $

into Court.

The said $ is in satisfaction of (the cause of action) (all the causes of action) in respect of which the plaintiff claims (and after taking into account and satisfying the abovenamed defendant’s cause of action for in respect of which he counterclaims). or The said $ is in satisfaction of the following causes of action in respect of which the plaintiff claims, namely, (and after taking into account as above). or Of the said $ , $ is in satisfaction of the plaintiff’s cause(s) of action for (and after taking into account as above) and $ is in satisfaction of the plaintiff’s cause(s) of action for (and after taking into account as above). Dated this

day of Solicitor for the

20

.

Form 92 R.437

NOTICE OF ACCEPTANCE OF MONEY PAID INTO COURT (Title as in action) Take notice that the plaintiff accepts the sum of $ paid in by the defendant in satisfaction of the cause(s) of action in respect of which it was paid in and in respect of which the plaintiff claims (against that defendant) (and abandons the other causes of action in respect of which he claims in this action). Dated this

day of

20

. Solicitor for the

To the Registrar and the defendant. Form 93 R.446

OFFER TO SETTLE (Title as in action) The (identify party) offers to settle this proceeding (or the following claims in this proceeding) on the following terms: (set out terms in consecutively numbered paragraphs). Dated this day of 20 . (Name, address, telephone and fax number of solicitor or party making offer) To: (Name and address of solicitor or party to whom offer is made) Form 94 R.448

NOTICE OF WITHDRAWAL OF OFFER (Title as in action) of

The (identify party) withdraws the offer to settle dated the 20 .

day

Dated this day of 20 . (Name, address, telephone and fax number of solicitor or party giving notice) To: (Name and address of solicitor or party to whom notice is given)

Form 95 R.451

ACCEPTANCE OF OFFER (Title as in action) of

The (identify party) accepts your offer to settle dated the 20 (on the following terms).

Dated this day of 20 . (Name, address, telephone and fax number of solicitor or party accepting offer) To: (Name and address of solicitor or party whose offer is accepted)

day

Form 96 R.456

OFFER TO CONTRIBUTE (Title as in action) The defendant (name of defendant making offer) offers to contribute to a settlement of the plaintiff’s claim on the following terms: (set out terms in consecutively numbered paragraphs). Dated this day of 20 . (Name, address, telephone and fax number of solicitor or party making offer) To: (Name and address of solicitor or party to whom offer is made) Form 97 R.464

LIST OF DOCUMENTS (Title as in action) The following is a list of the documents relating to the matters in question in this action which are or have been in the possession, custody or power of the abovenamed plaintiff (or defendant) and which is served in compliance with the order herein dated the day of 20 . 1. The plaintiff (or defendant) has in his possession, custody or power the documents relating to the matters in question in this action enumerated in Schedule 1 hereto. 2. The plaintiff (or defendant) objects to produce the documents enumerated in Part 2 of Schedule 1 on the ground that (stating the ground of objection). 3. The plaintiff (or defendant) has had, but has not now, in his possession, custody or power the documents relating to the matters in question in this action enumerated in Schedule 2 hereto. 4. Of the documents in Schedule 2, those numbered in the Schedule were last in the plaintiff’s (or defendant’s) possession, custody or power on (stating when) and the remainder on (stating when). (State what has become of the said documents and in whose possession they now are.) 5. Neither the plaintiff (or defendant), nor his solicitor nor any other person on his behalf, has now, or ever had, in his possession, custody or power any document of any description whatever relating to any matter in question in this action, other than the documents enumerated in Schedules 1 and 2 hereto. SCHEDULE 1 PART 1 (Enumerate in a convenient order the documents (or bundles of documents, if of the same nature, such as invoices) in the possession, custody or power of the party in question which he does not object to produce, with a short description of each document or bundle sufficient to identify it.)

PART 2 (Enumerate as aforesaid the documents in the possession, custody or power of the party in question which he objects to produce.) SCHEDULE 2 (Enumerate as aforesaid the documents which have been, but at the date of service of the list are not, in the possession, custody or power of the party in question.) Dated this

day of

20 . Notice to inspect

Take notice that the documents in the above list, other than those listed in Part 2 of Schedule 1 (and Schedule 2), may be inspected at (the office of the solicitor of the abovenamed (plaintiff) (defendant) (insert address) or as may be) on the day of 20 , between the hours of and . Solicitor for the To the defendant (or plaintiff)

and his solicitor.

Form 98 R.464

AFFIDAVIT VERIFYING LIST OF DOCUMENTS (Title as in action) I, the above-named plaintiff (or defendant) (or affirm) and say as follows:

do make oath

1. The statements made by me in paragraphs 1, 3 and 4 of the list of documents now produced and shown to me marked are true. 2. The statements of fact made by me in paragraph 2 of the said list are true. 3. The statements made by me in paragraph 5 of the said list are true to the best of my knowledge, information and belief. 4. I am aware that the failure to comply with my obligation under Rule 462 of the Family Justice Rules may result in the Court making any order(s) under Rule 477 and Rule 857. This affidavit is filed on behalf of the plaintiff (or defendant). Sworn (or affirmed) as in Form 132. Form 99 R.470

NOTICE TO INSPECT DOCUMENTS (Title as in action) Take notice that you can inspect the documents mentioned in your notice of the day of 20 (except the deed numbered in that notice) at my office on the day of between the hours of m. and m. Dated this

day of

20

. Solicitor for the

Form 100 R.471 NOTICE TO PRODUCE DOCUMENTS REFERRED TO IN PLEADINGS OR AFFIDAVITS (Title as in action) Take notice that the plaintiff (or defendant) requires you to produce for his inspection, the following documents referred to in your pleading (or affidavit) namely: (Describe documents required). Dated this

day of

20

. Solicitor for the

To the solicitor for

Form 101 R.471 NOTICE WHERE DOCUMENTS MAY BE INSPECTED (Title as in action) Take notice that the documents mentioned in your notice of the day of 20 (except the deed numbered in that notice) may be inspected at (insert place of inspection) on the day of 20 between the hours of m. and m. (Or, that the plaintiff (or defendant) objects to giving inspection of the documents mentioned in your notice of the day of 20 , on the ground that (state the ground)). Dated this

day of

20 . Solicitor for the

Form 102 R.472 ORDER FOR PRODUCTION OF DOCUMENTS AND INSPECTION Upon of

the

(Title as in action) application of and upon reading the affidavit filed the day of 20 , and upon hearing .

It is ordered that the do, on reasonable notice, produce at (insert place of inspection), situate at the following documents, namely , and that the be at liberty to inspect and peruse the documents so produced, and to make notes of their contents, and be entitled to be supplied with copies thereof on payment of the proper charges. And it is ordered that in the meantime all further proceedings be stayed, and that the costs of this application be Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 103 R.480 SUMMONS FOR DIRECTIONS PURSUANT TO DIVISION 20 (Title as in action) To: The defendant (and his solicitors). Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. This action be consolidated with action(s) in the following Suit Number(s): 2. This action be referred to the Registrar. The costs of this application be costs in the cause. 3. The action be (or by consent) transferred to the costs of this application be in the discretion of the

. The .

4. Unless the plaintiff gives security for the defendant’s costs within days in the sum of $ to the satisfaction of the Registrar, the action be transferred to the with stay meanwhile. The costs of this application be in the discretion of the (and if the security is paid, the directions shall be as follows: ). 5. The plaintiff have leave to amend the writ by . The service of the writ and the defendant’s appearance do stand. The costs incurred and thrown away by the amendment be the defendant’s in any event. 6. The plaintiff have leave to amend the statement of claim as shown in the document served herewith and to re-serve the amended statement of claim in days. Thereafter the defendant have leave to serve an amended defence (if so advised) in days. The plaintiff have leave to serve an amended reply (if so advised) in days. The costs of and thrown away by the amendments be the defendant’s in any event. 7. The defendant have leave to amend the defence as shown in this summons and to re-serve the amended defence in days. Thereafter, the plaintiff have leave to re-serve an amended reply (if so advised) in days. The costs of and thrown away as a result of the amendments be the plaintiff’s in any event.

8. The plaintiff serve on the defendant the further and better particulars of the statement of claim specified in this summons within days. 9. The defendant serve on the plaintiff the further and better particulars of the defence specified in the document served herewith within days. 10. The plaintiff serve on the defendant the further and better particulars of the reply specified in this summons within days. 11. The plaintiff give security for the defendant’s costs to the satisfaction of the Registrar in the sum of $ on the following grounds: In the meantime, all further proceedings be stayed. 12. The plaintiff serve on the defendant a list of documents and file an affidavit verifying such list (limited to the documents relating to the (special damage claimed) (plaintiff’s industrial injury, industrial disablement or sickness benefit rights) (period from to ) (issues raised in paras. of the statement of claim and paras. of the defence) (issues of )) within days. 13. The defendant serve on the plaintiff a list of documents and file an affidavit verifying such list (limited to documents relating to the (period from to ) (issues raised in paras. of the statement of claim and paras. of the defence) (issues of )) within days. 14. There be inspection of documents within of the lists (filing of the affidavits).

days of the service

15. The plaintiff have leave to serve on the defendant the interrogatories shown in the document served herewith. The defendant is to answer the interrogatories on affidavit within days. 16. The defendant have leave to serve on the plaintiff the interrogatories shown in the document served with this summons. The plaintiff is to answer the interrogatories on affidavit within days. 17. The plaintiff (or defendant) (retain and preserve pending the trial of the action) (upon days’ notice to give inspection of) (the subjectmatter of the action, to the defendant (or plaintiff) and to his legal advisers (and experts)). 18. The statements in the following documents be admissible in evidence at the trial without calling as a witness the maker of the statements:

(A certified true copy of the above documents be admissible in evidence at the trial without production of the original documents). 19. The following affidavits (in the form of the draft affidavit (served herewith)) (to be served within days) be admissible in evidence at the trial: 20. Evidence of the following fact(s), namely, be received at the trial by statement on oath of information and belief (by the production of the following documents or entries in books or copy documents or copy entries in books, namely, ). 21. It be recorded that the parties ((plaintiff) (defendant) refuses to) admit for the purposes of this action that ( (the truth of the statements in the document served (herewith)). 22. The affidavits of the evidence-in-chief of all witnesses shall be limited to one affidavit for each witness to be exchanged within weeks hereof. 23. Objections to the contents of the affidavit evidence shall be taken within weeks after the exchange of the affidavit evidence. 24. The evidence-in-chief or the substance thereof of all expert witnesses shall be in the form of affidavit and shall be exchanged/disclosed within weeks hereof. 25. The following witnesses on behalf of the plaintiff (or defendant) may be examined before the Registrar (or a special examiner to be agreed upon by the parties or appointed by the Registrar) upon days’ notice and need not attend at the trial: 26. There shall be a discussion between the experts for the purpose of requiring the experts to identify the issues in the proceedings and where possible reach agreement on any issue not later than days before the exchange of the affidavits of evidence-in-chief. The issues which the experts are to discuss shall be limited to the following: 27. Within days of the discussion, the expert witnesses are to prepare and furnish to the parties a joint written statement indicating the agreed issues, the issues on which they disagree and a summary of the reasons for disagreement. 28. That (name) of (organisation) be appointed as assessor(s) in this action.

29. By consent, (the right of appeal be excluded) (any appeal be limited to the Court of Appeal) (any appeal be limited to questions of law only). 30. Trial: Estimated length:

days.

Estimated no. of witnesses: To be set down within:

days.

Any other matters: (to be tried immediately after the action in Suit Number ). 31. The witnesses whom the plaintiff intends if necessary to call shall be limited to the following: Witnesses of fact: (names). Expert witnesses: (names). 32. The witnesses whom the defendant intends if necessary to call shall be limited to the following: Witnesses of fact: (names). Expert witnesses: (names). 33. The costs of this application be costs in the cause. Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar. * Note: (a) Applicants are to indicate only those prayers for which directions are necessary. (b) For paragraphs 31 and 32, all witnesses must be named here or in the order of Court to be extracted on this summons for directions. Witnesses not so named shall not be allowed to testify at the trial without leave of court.

Form 104 R.482

CERTIFICATE OF EXCHANGE OF AFFIDAVITS OF EVIDENCE-IN-CHIEF (Title as in action)

To the Registrar, We, the undersigned, being all the parties to the captioned action, or their representatives or solicitors, hereby certify that all affidavits of evidence-in-chief ordered or required to be exchanged under Division 20 were exchanged on (date). The affidavits that have been exchanged are the following: Party for whom the Date affidavit was Name of deponent deponent is a witness sworn or affirmed

Dated this day of Solicitors for the plaintiff(s). Solicitors for the defendant(s).

20

.

Form 105 R.488(4), (6)

INTERROGATORIES (Title as in action) Interrogatories

On behalf of the abovenamed (plaintiff) or (defendant A.B.) for the examination of the abovenamed (defendants A.B. and C.D.) (defendants the X. Co. Ltd.) or (plaintiff) pursuant to the order herein dated the day of 20 . (Here set out the interrogatories in the form of concise questions, each interrogatory to be set out in a separate paragraph and numbered consecutively). 1. Did you? 2. Did you not? 3. (a) Were you? (b) If nay, were you not? (The defendant A.B. is required to answer all the interrogatories numbered ). (The numbered

defendant ).

C.D.

is

required

to

answer

interrogatories

(E.F., a director (or as may be) of the defendants, the X. Co., Ltd., is required to answer the interrogatories numbered ). by

Served of

the day of solicitor for the (plaintiff) (defendant).

20

,

To the abovenamed (defendants A.B. and C.D.) (plaintiff) and (their) (his) solicitor.

Form 106 R.488(5), (7)

ANSWER TO INTERROGATORIES

(Title as in action) The Answer of the (defendants) or (abovenamed defendant A.B.) or (plaintiff) to the interrogatories for (their) or (his) examination by the abovenamed (plaintiff) or (defendants) pursuant to the order herein dated the day of 20 . In answer to the said interrogatories, (we, the said A.B. and C.D. severally) or (I, the abovenamed A.B. or plaintiff), do make oath (or affirm) and say as follows: 1. To the 1st interrogatory, namely (state in full the interrogatory), that (stating the answer). 2. To the 2nd interrogatory, namely (state in full the interrogatory), that (stating the answer). 3. To the 3rd interrogatory, namely (state in full the interrogatory), that I object to answer it on the ground that (stating the ground of objection). Sworn (or affirmed) as in Form 132. This affidavit is filed on behalf of the (defendants) (plaintiff). Form 107 R.488(7)

ORDER FOR INTERROGATORIES (Title as in action) Upon the application of of filed the day hearing .

of

and upon reading the affidavit 20 , and upon

It is ordered that the be at liberty to serve on the interrogatories in writing as initialled by the Judge and that the said do answer the interrogatories within days and that the costs of this application be . Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 108 R.490

SUMMONS FOR INTERROGATORIES (Title as in action) To: Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): The plaintiff (or defendant) (or as may be) be at liberty to serve interrogatories in writing on the defendant (or plaintiff) (or as may be) (in the form of the document attached) and for the questions to be answered in writing by way of an affidavit within days. Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar. Form 109 R.501

NOTICE TO ADMIT FACTS (Title as in action) Take notice that the plaintiff (or defendant) in this action requires the defendant (or plaintiff) to admit, for the purposes of this action only, the several facts respectively hereunder specified; and the defendant (or plaintiff) is hereby required, within 14 days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this cause. Dated this

day of

20

. Solicitor for the

To the defendant (or plaintiff)

and his solicitor.

The facts, the admission of which is required, are: (set out admissions required, e.g.) 1. That A.B. died on the , 20 2. That he died intestate. 3. That C.D. was his only lawful son. 4. That E.F. died on the , 20 5. That E.F. never was married.

.

.

Form 110 R.501

ADMISSION OF FACTS PURSUANT TO NOTICE (Title as in action) The defendant (or plaintiff) in this action, for the purposes of this action only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them, as evidence in this action: Provided that this admission is made for the purposes of this action only, and is not an admission to be used against the defendant (or plaintiff) on any other occasion, or by anyone other than the plaintiff (or defendant, or party requiring the admission). Solicitor for the To the plaintiff (or defendant) his solicitor (example) Facts admitted.

and

Qualifications or Limitations, if any, subject to which they are admitted.

1.

That A.B. died on the 20 .

1.

—

2.

That he died intestate.

2.

—

3.

That C.D. was his lawful son.

3.

But not that he was his only lawful son.

4.

That E.F. died.

4.

But not that he died on the 20 .

5.

That E.F. never was married.

5.

—

Form 111 R.504

NOTICE TO ADMIT DOCUMENTS (Title as in action) Take notice that the plaintiff (or defendant) in this action proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant (or plaintiff), his solicitor or agent at on the day of 20 between the hours of and ; and the defendant (or plaintiff) is hereby required, within 7 days to admit that such of the documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered respectively; saving all just exceptions to the admissibility of all such documents as evidence in this action. And further take notice that if you do not within the aforementioned 7 days give notice that you do not admit the documents (or any of them) and that you require the same to be proved at the trial you shall be deemed to have admitted the document (or documents) unless the Court shall otherwise order. Dated this

day of

20

.

Solicitor for the (Here describe the documents, the manner of doing which may be as follows:) ORIGINALS. Description of Documents.

Dates.

1. 2. 3. 4. 5. COPIES. Description of Documents. 1. 2. 3.

Dates.

Original or Duplicate served, sent, or delivered, when, how, and by whom.

Form 112 R.504

NOTICE OF NON-ADMISSION OF DOCUMENTS (Title as in action) Take notice that I do not admit Numbers (e.g. 1, 2 and 5) of the documents (as the case may be) in the Notice to Admit Documents saving all just exceptions to the same as evidence. Dated this

day of

20

. Solicitor for the

To the plaintiff (or defendant) and his solicitor. Form 113 R.504

NOTICE TO PRODUCE (Title as in action) Take notice that you are hereby required to produce and show to the Court on the trial of this all books, papers, letters, copies of letters, and other writings and documents in your custody, possession, or power, containing any entry, memorandum, or minute relating to the matters in question in this and particularly — Dated this

day of

20

. Solicitor for the

To the plaintiff (or defendant) and his solicitor.

Form 114 R.516

ORDER FOR INTERIM INJUNCTION (Title as in action) Upon the application of and upon reading the affidavit of , filed the day of 20 , and upon hearing , and the plaintiff by his said undertaking to abide by any order the Court or a Judge may make as to damages in case the Court or a Judge should hereafter be of opinion that the defendant shall have sustained any by reason of this order which the plaintiff ought to pay. It is ordered and directed that the defendant(s) (a) by himself (themselves) his (their) agents or employees or otherwise be restrained, and an Injunction is hereby granted restraining him (them) from until after the hearing of a summons returnable on the day of 20 (or until after the trial of this action) or until further order. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. (a) Where the injunction is against a limited company or a corporate body, the Form should read: “that the defendants (insert name of company or corporate body) by their agents or employees or otherwise be restrained, etc.”. Form 115 R.535

RECEIVER’S SECURITY BY UNDERTAKING (Title as in action) I, , of the receiver (and manager) appointed by order dated (or proposed to be appointed) in this action hereby undertake with the Court to duly account for all moneys and property received by me as such receiver (or manager) or for which I may be held liable and to pay the balances from time to time found due from me and to deliver any property received by me as such receiver (or manager) at such times and in such manner in all respects as the Court or a Judge shall direct. And we hereby jointly and severally (in the case of a Guarantee or other Company strike out “jointly and severally”) undertake with the Court to be answerable for any default by the said as such receiver (or manager) and upon such default to pay to any person or persons or otherwise as the Court or a Judge shall direct any sum or sums not exceeding in the whole $ : that may from time to time be certified by the Registrar to be due from the receiver and we submit to the jurisdiction of the Court in this action to determine any claim made under this undertaking. Dated this

day of

20

.

(Signatures of receiver and his surety or sureties. In the case of a surety being a guarantee or other company, it must be sealed or otherwise duly executed).

Form 116 R.537

AFFIDAVIT VERIFYING RECEIVER’S ACCOUNT (Title as in action) I, , of , the receiver appointed in this cause, do make oath (or affirm) and say as follows: 1. The document now shown to me marked A is, as it purports to be, a full and true account of for the period therein specified. 2. and , my sureties named in the guarantee (or undertaking) dated 20 , are both alive and neither of them has become bankrupt or insolvent. or 2. The Co., Ltd., my surety named in the guarantee (or undertaking) dated 20 , is still carrying on business and no application or other proceeding for its winding up is pending. Sworn (or affirmed) as in Form 132. Form 117 R.542

CERTIFICATE OF RESULT OF SALE (Title as in action) I, , of , auctioneer, the person appointed to sell the estate comprised in the particulars hereinafter referred to, hereby certify as follows: 1. I did at the time and place, in the lots, and subject to the conditions specified in the particulars and conditions of sale hereto annexed and marked A, put up for sale by auction the estates described in the said particulars. The result of the sale is truly set forth in the bidding paper hereto annexed and marked B. 2. I have received the sums set forth in the fourth column of the schedule hereto as deposits from the respective purchasers whose names are set forth in the second column of the said schedule opposite the said sums in respect of their purchase-money leaving the sums set forth in the fifth column of the said schedule due in respect thereof. THE SCHEDULE above referred to No. of Lot

Name of Purchaser

Amount of PurchaseMoney

Amount of Deposit Received

Amount remaining due

Auctioneer. (Date) (Note: This form can be adapted to meet the requirements of Rule 542(1)(b), when certificate has to be given by a solicitor). Form 118 R.546

SUMMONS (Title as in action) To: Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. 2. 3. Grounds of application: (State the grounds here) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar.

Form 119 R.566

NOTICE FOR SETTING DOWN AN ACTION FOR TRIAL (Title as in action) To: The Registrar and (other parties to the action). for

The plaintiff (or defendant) hereby sets down this action for trial days. The requisite documents pursuant to Rule 566, are attached herewith. Issued by:

(Solicitors for the

Form 120 R.578, R.579

CERTIFICATE AFTER TRIAL (Title as in action)

).

Date: Judge hearing the trial: Court No.: Parties present: For plaintiff(s): For defendant(s): Any others: The time of the Court was occupied as follows: Hearing date

Outcome

Total time occupied: hour(s) Judgment/Order(s) given: The List of Exhibits is as follows:

Number of Exhibit

Description of Exhibit

(Name of Clerk of the Court)

Party who put in Exhibit

Start time

End time

minute(s)

Witness who proved Exhibit

Notes

Form 121 R.592

NOTICE TO ADMIT NON-DOCUMENTARY HEARSAY EVIDENCE (Title as in action) To Take notice that the plaintiff (or defendant) in this action, pursuant to paragraph Evidence Act (Cap. 97), intends to introduce in evidence the statement hereunder specified: Manner in which the statement was made (whether oral or otherwise)

Name of maker of the statement and (unless he is dead) his address, if known

If the maker of the statement is dead, the date of the death of the maker*

Name and address of person who heard or otherwise perceived the statement being made

Time and place at which the statement was made

1. 2. 3. 4. 5. *This information is to be given to the best of the information and belief of the party serving the notice.

Dated this

day of

20 . Solicitor for the

of section 32(1) of the Substance of the statement or, if it was made orally and the actual words used in making it are material, the words used

Form 122 R.592

NOTICE TO ADMIT DOCUMENTARY HEARSAY EVIDENCE (Title as in action) To Take notice that the plaintiff (or defendant) in this action, pursuant to paragraph of section 32(1) of the Evidence Act (Cap. 97), intends to introduce in evidence the statement made in the document(s) hereunder specified, of which a copy of item(s) is/are attached:

Description of document(s)* 1. 2. 3. 4. 5.

Name of maker of the statement and (unless he is dead) his address, if known†

If the maker of the statement is dead, the date of the death of the maker††

Name of maker of document and (unless he is dead) his address, if known**

If the maker of the document is dead, the date of the death of the maker††

Time and place at which statement was made†

*This may refer to any document in the list of documents served by the plaintiff (or defendant) pursuant to any order made by the Court under Division 21 Rule 189. **This information is to be included only if the maker of the document is different from the maker of the statement and the information is not readily apparent from the document or the relevant part of the document. †This information is to be included only if the information is not readily apparent from the document or the relevant part of the document. ††This information is to be given to the best of the information and belief of the party serving the notice.

Dated this

day of

20

. Solicitor for the

Form 123 R. 601

SUBPOENA TO TESTIFY5/ SUBPOENA TO PRODUCE DOCUMENTS1/ SUBPOENA TO TESTIFY5 AND TO PRODUCE DOCUMENTS1 (Title as in action) To: (Name of person) You are required to attend at: Hearing date / time: Venue: (Family Division of the High Court / Family Court) (Court / Chamber number) Before: Judge / Registrar Mode of attendance: *(a) In person (for subpoena to testify and subpoena to testify and to produce documents); or *(b) In person or by an agent (for subpoena to produce documents) and so from day to day until the end of the above proceedings. Purpose of attendance: *(a) (Where it is a subpoena to testify) To give evidence on behalf of the in the said proceedings. *(b) (Where it is a subpoena to produce documents) To produce the documents specified hereunder on behalf of the in the said proceedings: (Specify the documents to be produced). *(c) (Where it is a subpoena to testify and to produce documents) To give evidence and produce the documents specified hereunder on behalf of the in the said proceedings: (Specify the documents to be produced). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar. (*Use as appropriate)

Form 124 R.608

AFFIDAVIT FOR AN ORDER FOR THE PRODUCTION OF A PERSON IN PRISON (Title as in action) I, , do make oath (or affirm) and say:

of

1. That the above action is fixed for hearing on the day of 20 and that now a prisoner confined in the prison, will be a material witness for me at the hearing (or is a party to the action). 2. That I am advised and verily believe that I cannot safely proceed to the hearing of this action without the evidence of the said (or my evidence). 3. I hereby apply for an order under section 38 of the Prisons Act (Cap. 247) that the said may be brought before the Court. 4. I hereby undertake to pay the costs of conveyance of the said in safe custody to and from the Court and of maintenance of him and the officers in charge of him while attending the Court. Sworn (or affirmed) as in Form 132.

Form 125 R.608

ORDER TO PRODUCE PERSON IN PRISON (Title as in action) To the Officer-in-charge of the You are hereby required *upon tender made to you of a reasonable sum for the conveyance and maintenance of a proper officer and of now a prisoner in the in going to, remaining at and returning from * to produce

now a prisoner in the

before

the Family Division of the High Court / Family Courts*, to bring the said on the day of 20 at a. m./p.m. to give testimony on behalf of and after the said shall have given his testimony before the Court or the Court shall have dispensed with his further attendance you are required to cause him to be conveyed under safe and sure conduct back to the said . Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. * Delete where inapplicable

Form 126 R.611

REQUEST FOR AUDIO RECORD OF HEARING (Title as in action)

I, (name and designation, if representing any corporate entity), hereby apply for a copy of the official record of hearing in (case number) on (date) in audio recording form. 2. I am applying for the audio recording for the following purpose(s):

. 3. I hereby undertake to pay the requisite fees determined by the Registrar. 4. I hereby undertake to the Court that — (a) I will not use the audio recording for any purpose other than the purposes stated in paragraph 2 above; and (b) I will comply with all conditions, orders and directions which the Court may impose, make or give in relation to the use of the audio recording. 5. I understand that — (a) the use of the audio recording for any purpose other than the purposes stated in paragraph 2 above; and/or (b) the failure to comply with any condition, order or direction imposed, made or given by the Court in relation to the use of the audio recording, may render me liable to an order of committal under Division 50 of Part 18 of the Family Justice Rules for contempt of Court. Dated this

day of 20 . Decision of the Court

1. The above application is approved/not approved. 2. Additional conditions, orders or directions imposed, made or given by the Court:

.

Form 127 R.615

ORDER FOR THE EXAMINATION BEFORE TRIAL (Title as in action) Upon the application of and upon reading the affidavit of filed the day of 20 and upon hearing and that the Court is desirous of obtaining the testimony of (name of person). It is ordered that do attend before the Judge (or Registrar) on , the day of 20 at m. or such other day and time as the Judge (or Registrar) may appoint and do there submit to be examined upon oath or affirmation touching the testimony so required as aforesaid and do then and there produce (description of documents, if any, required to be produced). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 128 R.616

ORDER FOR ISSUE OF LETTER OF REQUEST TO JUDICIAL AUTHORITY OUT OF JURISDICTION (Title as in action) Upon the application (as in Form 127). It is ordered that a letter of request do issue directed to the proper judicial authority for the examination of the following witnesses, namely: of of And it is ordered that the deposition taken pursuant thereto when received be filed in the Registry of the Family Justice Court and that copies thereof may be read and given in evidence on the trial of this action, saving all just exceptions, without any further proof of the absence of the said witnesses than the affidavit of the solicitor of the party using the same as to his belief. And it is ordered that (the trial of this action be stayed until the said depositions have been filed and that) the costs of and incidental to the application for this order and the said letter of request and examination be (costs in the cause). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 129 R.616

ORDER FOR APPOINTMENT OF EXAMINER TO TAKE EVIDENCE OF WITNESS OUT OF JURISDICTION (Title as in action) Upon the application of of filed the day hearing .

of

and upon reading the affidavit 20 , and upon

It is ordered that the Singapore Consul or his deputy at (or Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination and re-examination orally on oath or affirmation, of witnesses on the part of at in (name of country). The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the Singapore procedure. The solicitors to give to the solicitors days’ notice in writing of the date on which they propose to send out this order to for execution, and that days after the service of such notice the solicitors for the plaintiff and defendant respectively do exchange the names of their agents at to whom notice relating to the examination of the said witnesses may be sent. And that days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party, unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents or of extracts therefrom, be sent by the examiner, under seal, to the Registrar of the Family Justice Courts (insert address) on or before the day of next, or such further or other day as may be ordered, there to be filed in the Registry. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 130 R.617

LETTER OF REQUEST FOR EXAMINATION OF WITNESS OUT OF JURISDICTION To the

the of

Competent .

Judicial

Authority

of

in

Whereas an action is now pending in the Family Justice Courts in Singapore, in which is plaintiff and is defendant and in which the plaintiff claims And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that the following persons should be examined as witnesses upon oath touching such matters, namely of and of and it appears that such witnesses are resident within your jurisdiction. Now I, the Registrar of the Family Justice Courts in Singapore hereby request that for the reasons aforesaid and for the assistance of the said Court you will be pleased to summon the said witnesses (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before you, or such other person as according to your procedure is competent to take the examination of witnesses, and that you will cause such witnesses to be examined orally (or upon the interrogatories which accompany this letter of request) touching the said matters in question in the presence of the agents of the plaintiff and defendant or such of them as shall, on due notice given, attend the examination.

And I further request that you will permit the agents of both the plaintiff and defendant or such of them as shall be present to examine (upon interrogatories and oral examination upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and the other party to cross-examine the said witnesses (upon cross-interrogatories and oral examination) and the party producing the witness for examination to examine him orally. And I further request that you will be pleased to cause the evidence of the said witnesses (or the answers of the said witnesses and all additional oral questions, whether on examination, cross-examination or re-examination) to be reduced into writing and all books, letters, papers and documents produced on such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal or in such other way as is in accordance with your procedure and to return it together with (the interrogatories and cross-interrogatories and) a note of the charges and expenses payable in respect of the execution of this request through the Singapore Consul from whom the same was received (or the Minister for Foreign Affairs) for transmission to the Supreme Court in Singapore. And I further request that you will cause me, or the agents of the parties if appointed, to be informed of the date and place where the examination is to take place. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 131 R.617

SOLICITOR’S UNDERTAKING AS TO EXPENSES (Title as in action) I (We) hereby undertake to be responsible for all expenses incurred by the Minister for Foreign Affairs in respect of the letter of request issued herein on the , and on receiving due notification of the amount of such expenses undertake to pay the same as directed by the Registrar of the Family Justice Court. The following have been appointed as agents for the parties in connection with the execution of the above letter of request. Plaintiff’s Agent: of Defendant’s Agent: of Dated this

day of

20

. Solicitor for the

Form 132 R.642

FORMS OF ATTESTATION6 (Title as in action) (a) To an affidavit by one deponent. Sworn of of

(or 20 ).

at

affirmed) (through

on the

the day interpretation

Before me Commissioner for Oaths. (b) To an affidavit by 2 or more deponents. Sworn (or affirmed) by the deponents and both (or all) of the abovenamed deponents) on of 20 at (through the interpretation of

(or by day ). Before me Commissioner for Oaths. the

(c) To an affidavit by an illiterate or blind person. Sworn (or affirmed) on the

day of

20

at

.

I, having truly, distinctly and audibly read over the contents of the above affidavit (add if exhibits are referred to in the affidavit “and explained the nature and effect of the exhibits therein referred to”) to the said deponent who seemed perfectly to understand the same and who made his mark thereto in my presence (through the interpretation of ). Before me Commissioner for Oaths. (d) To an affidavit by a person who does not understand English. Sworn (or affirmed) on the day of 20 at through the interpretation of (if the interpreter is not a Court Interpreter add the following: “the said having been first sworn that he had truly, distinctly, and audibly translated the contents of his affidavit to the deponent and that he would truly and faithfully interpret the oath (or affirmation) about to be administered unto him the said ”). Before me Commissioner for Oaths.

Form 133 R.657

CONSENT OF LITIGATION REPRESENTATIVE3 OF PERSON UNDER DISABILITY (Title as in action) I, of , consent to be the litigation representative3 of the abovenamed plaintiff (or defendant), a minor (or a person lacking capacity) in this action, and I authorise of , Advocates and Solicitors, to act on my behalf. Dated this Signed by the said the day of 20 in the presence of

day of ) ,) )

Solicitor (or Commissioner for Oaths).

20

.

Form 134 R.657

CERTIFICATE BY SOLICITOR FOR PERSON UNDER DISABILITY (Title as in action) I, of , solicitor for the litigation representative3 hereby certify that I know (or believe) that (name of minor) (or name of person lacking capacity) is (a minor) (or a person lacking capacity) (give the grounds of knowledge or belief) and that the abovenamed (name of litigation representative3) has no interest in the cause (or matter) in question adverse to that of the minor (or the person lacking capacity). Dated this

day of

20

. Solicitor for the

Form 135 R.682

ORDER FOR ACCOUNTS AND INQUIRIES (Title as in action) Upon the application of the plaintiff (or the defendant) in this action and upon reading the affidavit of filed the day of 20 , and upon hearing . It is ordered that the following accounts and inquiry be taken and made; that is to say, 1. An account of the movable property not specifically bequeathed of , deceased, the testator in the pleadings named, come to the hands of, etc. 2. An account of the testator’s debts, (or where deceased died more than six years before judgment, (an inquiry whether there is any debt of the deceased remaining unpaid)). 3. An account of the testator’s funeral expenses. 4. An account of the legacies and annuities (if any) given by the testator’s will.

5. An inquiry into what parts (if any) of the testator’s said movable property are outstanding or undisposed of. And it is ordered that the testator’s personal estate not specifically bequeathed be applied in payment of his debts and funeral expenses in a due course of administering, and then in payment of the legacies and annuities (if any) given by his will. (if ordered) And it is ordered that the following further inquiries and accounts be made and taken; that is to say, 6. An inquiry into what immovable property the testator was seized of or entitled to at the time of his death. 7. An account of the rents and profits of the testator’s immovable property received by, etc. 8. An inquiry into what encumbrances (if any) affect the testator’s immovable property, or any and what parts thereof. (if sale ordered) 9. An account of what is due to such of the encumbrances as shall consent to the sale hereinafter directed in respect of their encumbrances. 10. An inquiry into what are the priorities of such last-mentioned encumbrances. And it is ordered that the testator’s immovable property be sold with the approbation of the Judge, etc. And it is ordered that the further consideration of this cause be adjourned, and any of the parties are to be at liberty to apply as they may be advised. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 136 R.696

NOTICE ON CERTAIN JUDGMENTS The endorsement should be in the following words or words to the following effect: (a) In the case of a judgment or order requiring a person or body corporate to do an act within a specified time:

(b)

(c)

“If you, the within-named (or ) neglect to obey this judgment (or order) by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the same.”. In the case of a judgment or order requiring a person to abstain from doing an act: “If you, the within-named disobey this judgment (or order), you will be liable to process of execution for the purpose of compelling you to obey the same.”. In the case of a judgment or order requiring a body corporate to do or to abstain from doing the act, but it is sought to take enforcement proceedings against a director or other officer of that order: “If neglect to obey this judgment (or order) by the time therein limited (or in the case of an order to abstain from doing an act), if disobey this judgment (or order), you (a director or officer of the said ) will be liable to process of execution for the purpose of compelling the said to obey the same.”.

Form 137 R.702

WRIT OF SEIZURE AND SALE (Title as in action)

To the Sheriff/bailiff, You are directed that you cause to be levied and made out of the property liable to be seized under a writ of seizure and sale which shall be identified by or on behalf of (name of execution creditor) as belonging to (name of execution debtor) now or late of (address of execution debtor) by seizure and if it be necessary by sale thereof $ which the said (name of execution creditor) lately in the Family Division of the High Court/Family Courts recovered against the said (name of execution debtor) by a judgment (or order or as may be) bearing the day of 20 . And in what manner you shall have executed this writ make appear to this Court immediately after the execution thereof. And have there this writ. Dated this day of 20 . Entered No. of 20 . Clerk. # This form requires sealing by the Court and the signature of the Registrar. Memorandum to be subscribed on the writ This writ may not be served more than 12 months after the above date unless renewed by order of the Court. Endorsement to be made on writ before issue THIS WRIT is issued by solicitor for the execution creditor who resides at execution debtor resides at .

of

, . The $

Amount of judgment and costs Subsequent costs (if any) Paid to account of judgment Remaining due Costs of this writ Interest on $

at

% p.a. from

to

Property seized on Amount of levy paid on Property sold on

by

for Expenses of Execution — Lotting and advertising Auctioneers’ commission Court commission Other Court fees Watchmen’s wages

¢

Other legal expenses (specify them) Paid into Court — Paid to credit of landlord under Paid to credit of Writ of Distress Paid to credit of execution creditor Paid to credit of execution debtor Dated this

day of

20

. Sheriff/bailiff.

Form 138 R.702

WRIT OF SEIZURE AND SALE IN RESPECT OF IMMOVABLE PROPERTY (Title as in action) To the Sheriff/bailiff, Having seized the interest of (name of execution debtor) in the immovable property specified in the Schedule hereto pursuant to the Order of Court dated , you are directed to serve the Writ of Seizure and Sale together with the said Order of Court on (name of execution debtor), of and, if the execution debtor cannot be found, affix a copy of the same on some conspicuous part of the immovable property known as , and thereafter, if necessary, to sell the said interest to satisfy the sum $ which is the sum outstanding payable to the said (name of execution creditor) pursuant to a judgment (or order as may be) dated against the said (name of execution debtor). SCHEDULE *CT/SSCT/SCT/ Lease Vol**

Fol**

MK

TS

Whole or part lot (if part lot, to state approved new lot number or strata lot number)

Property Address

(*Delete as appropriate) (**If title document is a lease, to cancel the Vol No. and Fol No. and simply state the Lease No.) This writ is issued by: # This form requires sealing by the Court and the signature of the Registrar.

Form 139 R.702

WRIT OF DELIVERY (Title as in action) To the Sheriff/bailiff, You are directed that, without delay, you do seize and deliver, to the abovenamed (name of execution creditor) the following movable property, that is to say (describe the property delivery of which has been adjudged or ordered) (and $ damages and $ costs) which the said (name of execution creditor) lately in the Family Division of the High Court/Family Courts recovered against the said (name of execution debtor) by a judgment (or order or as may be) bearing the day of 20 . (And you are further directed that if the said movable property cannot be found within Singapore you cause to be levied and made out of the property liable to be seized under a writ of seizure and sale belonging to the said (name of execution debtor) and if necessary by sale thereof $ , being the assessed value of the said property). And in what manner you have executed this writ make appear to this Court immediately after the execution thereof. And have there this writ. Dated this day of 20 . Entered No. of 20 . Clerk. # This form requires sealing by the Court and the signature of the Registrar. Memorandum on Writ (as in Form 137). Endorsements on Writ (as in Form 137 or as required).

Form 140 R.702 WRIT OF POSSESSION (Title as in action) To the Sheriff/bailiff, Whereas lately, by a judgment of the Family Division of the High Court/Family Courts bearing the day of 20 , it was adjudged (or ordered) that the defendant (name of defendant) do give the plaintiff (name of plaintiff) possession of (describe the immovable property delivery of which has been adjudged or ordered) and do pay him $ and $ costs. You are directed that you enter the said immovable property and cause (name of plaintiff) to have possession of it. And you are further directed that you cause to be levied and made out of the property liable to be seized under a writ of seizure and sale belonging to the said (name of defendant) and if necessary by sale thereof $ . And in what manner you have executed this writ make appear to this Court immediately after the execution thereof. And have there this writ. Dated this day of 20 . Entered No. of 20 . Clerk. # This form requires sealing by the Court and the signature of the Registrar. Memorandum on Writ (as in Form 137). Endorsements on Writ (as in Form 137 or as required).

Form 141 R.706

SUMMONS FOR LEAVE TO ISSUE EXECUTION (Title as in action) To: Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. The plaintiff (or as may be) be at liberty to issue execution (or writ of seizure and sale, or as may be) against the defendant (or as may be) on the judgment herein dated , (notwithstanding that 6 years have elapsed since such judgment, or as may be); and 2. The defendant (or as may be) do pay the costs of and occasioned by this application. Grounds of application: As set out in the affidavit of (name). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar.

Form 142 R.707

UNDERTAKING, DECLARATION AND INDEMNITY (Title as in action) 1. I/We hereby undertake to pay all charges and fees that are imposed by the Sheriff/bailiff and to fully indemnify the Sheriff/bailiff and his officers and keep them indemnified against all actions, proceedings, liabilities, claims, damages, costs and expenses incurred in relation to or become payable by the Sheriff/bailiff in respect of or arising from the execution. Please appoint a suitable date to execute the Writ of Seizure and Sale/Delivery/Possession*. 2. **I/We hereby declare that as at the date of this undertaking, declaration and indemnity, the property the Sheriff/bailiff is requested to seize under this Writ of Seizure and Sale/Delivery/Possession* is/is not the subject-matter of a seizure or attachment under any execution or order issued by the Family Justice Courts or the High Court. (State particulars of prior execution if applicable.) 3. For seizure of movable property under a Writ of Seizure and Sale/Delivery*. I/We hereby declare that, as at the date of this undertaking, declaration and indemnity, I/we have reason to believe that the execution debtor is the owner or occupier at the address of execution or the owner of the property liable to be seized. (State the grounds of belief.) (*Delete as appropriate) (**Use as appropriate) (Signature of declarant) NAME OF DECLARANT: Date of filing: Form 143 R.712

CONSENT TO ENTRY OF SATISFACTION (Title as in action) I, of being the plaintiff (or as may be) named in, and the sole person entitled to the benefit of the judgment herein, hereby consent to a memorandum of satisfaction of the said judgment being recorded. Dated this

day of

20

. Plaintiff (or as may be).

Advocate and Solicitor (or Commissioner for Oaths.)

Form 144 R.714 REQUEST4 FOR DATE TO BE APPOINTED FOR EXECUTION (Title as in action) To the Registrar, Please direct the Sheriff/bailiff to appoint a date for the execution of the judgment in . A copy of the (writ of execution or distress) is attached. Name and address of execution creditor: His Solicitors: Address for service: Dated this day of 20 (Signature) Execution Creditor (or by or on behalf of solicitors for )

.

Form 145 R.719

NOTICE OF SEIZURE AND INVENTORY Take notice that I have this day seized the movable property found on or upon the premises No. pursuant to a Writ of Seizure and Sale/Writ of Distress No. of 20 for the sum of $ and that I value the property seized at $ approximately. Unless you pay the amount abovementioned together with costs of this execution within 7 days from the date hereof or obtain an order of the Court to the contrary the same will be sold by public auction on the day of 20 . Amount due under writ ... ... ... ... ... ... ... ... ... ... ... ... ... $ (Rent due for months from ) the day of 20 ) to the day of 20 ) at $ a month. ) Costs of writ ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

$

Court commission ... ... ... ... ... ... ... ... ... ... ... ... ... ...

$

Lotting and advertising ... ... ... ... ... ... ... ... ... ... ... ... ...

$

Auctioneers’ commission ... ... ... ... ... ... ... ... ... ... ... ...

$

Other Court fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

$

Watchmen’s wages at $

$

a day ... ... ... ... ... ... ... ... ...

Other legal expenses ... ... ... ... ... ... ... ... ... ... ... ... ...

$

Dated this

day of

20

. Sheriff/bailiff.

(For Inventory see overleaf) To and all others whom it may concern. Form 146 R.726

NOTICE OF SALE (Title as in action) Notice is hereby given that the property seized at on the day of 20 , under Writ of Distress/Seizure and Sale No. of 20 , will be sold by public auction on the day of 20 , at m. unless the amount to be levied and the fees and expenses of execution be sooner paid. Dated this

day of

20

. Sheriff/bailiff.

Form 147 R.732

AFFIDAVIT IN SUPPORT OF APPLICATION FOR NEW ORDER (Title as in action) I, of , the abovenamed plaintiff (or defendant) make oath (or affirm) and say as follows: 1. I have a judgment of this Court against the defendant (or there is a judgment of this Court against me) particulars of which are as follows: The date of the judgment is the

day of

20

The amount of the judgment including costs is $

.

The amount paid to account since judgment is $

.

The balance due is $

.

.

The date of the instalment order is the

day of

The amount of the instalment order is $

20

.

a month.

2. I verily believe that there is a change of circumstances in the affairs of the defendant (or I say that there is a change of circumstances in my affairs) particulars of which are as follows: The Defendant’s/My occupation was

and is now

.

His/My total income from all sources was $ now $ a month.

a month and is

He/I had

dependants.

dependants and now has/have

His/My rent was $

a month and is now $

His/My regular monthly payments were (herein itemise).

a month. and are now

(State other relevant changes). 3. I now apply for an order that (here state the nature of the order required). Sworn (or affirmed) as in Form 132.

Form 148 R.732

NEW ORDER FOR PAYMENT OF JUDGMENT DEBT (Title as in action) Upon the application of the abovenamed defendant (or as may be) coming on for hearing the day of 20 before His Honour , and upon reading the affidavit of filed the day of 20 , and upon hearing the parties (or as may be). It is ordered that the order dated the day of 20 be rescinded and that the defendant (or as may be) do pay the balance of the judgment debt outstanding by instalments of $ a month, commencing the day of 20 (or that the application is dismissed) and it is further ordered that the defendant (or as may be) do pay the sum of $ costs of this application. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 149 R.734

ORDER OF COURT FOR THE SEIZURE AND SALE IN RESPECT OF IMMOVABLE PROPERTY (Title as in action) Before (Name and designation of Judicial Officer): (In court/chambers) Date of order: Upon the application of and upon reading the affidavit of filed on , and upon hearing , the following orders are made: 1. The interest of in the immovable property specified in the Schedule herein be attached and taken in execution to satisfy the judgment of the abovenamed dated . 2. (State costs orders given by the Court.) SCHEDULE *CT/SSCT/SCT/ Lease Vol**

Fol**

MK

TS

Whole or part lot (if part lot, to state approved new lot number or strata lot number)

Property Address

(*Delete as appropriate) (**If title document is a lease, to cancel the Vol No. and Fol No. and simply state the Lease No.) Note: This order shall, unless registered under any written law relating to such immovable property, remain in force for 6 months from the date hereof. # This form requires sealing by the Court and the signature of the Registrar.

Form 150 R.734

NOTICE OF SEIZURE (Title as in action) Take notice that on the day of 20 , (date of registration under Rule 734(2)) the interest of (name of judgment debtor) in the immovable property specified in the Schedule hereto has been seized pursuant to a Writ of Seizure and Sale dated the day of 20 for the sum of $ . Unless you pay the amount abovementioned together with costs of this execution within 7 days from the date hereof or obtain an order of the Court to the contrary, the same will be sold by public auction after the expiry of 30 days from the day of seizure. $ ¢ Amount due under Writ Costs of Writ Costs of Request4 Court Commission Advertising Auctioneer’s Commission Other Court Fees Other Legal Fees Dated this

day of

20

. Sheriff/bailiff

To and all others to whom it may concern SCHEDULE

Form 151 R.736

SHERIFF’S/BAILIFF’S NOTICE SEIZING SECURITIES (Title as in action) Whereas by a writ of seizure and sale dated the day of 20 , a copy of which is attached, I was directed to cause to be levied and made out of the property liable to be seized under the writ of seizure and sale belonging to the sum of $ . Now I do give you notice that I hereby seize the securities specified in the Schedule hereto to which the judgment debtor is beneficially entitled to satisfy the judgment of the abovenamed dated . Dated this day of

20

. Sheriff/bailiff.

SCHEDULE Form 152 R.739

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ORDER FOR EXAMINATION OF JUDGMENT DEBTOR (Title as in action) I, of do make oath (or affirm) and say as follows: 1. I am a in the employ of solicitors for the plaintiff and am duly authorised to make this affidavit on behalf of . 2. On the day of 20 , judgment was entered for the plaintiff for $ and $ costs (or as may be). The said judgment remains wholly unsatisfied (or unsatisfied as to the total sum of $ , or as may be). 3. In order to enable the plaintiff to decide upon the methods to employ to enforce the said judgment, it is desired to examine the judgment debtor (or , an officer of the judgment debtor company) on the question whether any and if so what debts are owing to him (or the judgment debtor company) and/or means of satisfying the judgment debt. 4. In these circumstances, I respectfully ask for an order that the said judgment debtor (or ) do attend before the Registrar to be examined on the said questions, and to produce upon such examination all books or documents in his possession relevant to the said questions at the time and place appointed for his examination. Sworn (or affirmed) as in Form 132.

Form 153 R.739

ORDER FOR EXAMINATION OF JUDGMENT DEBTOR (Title as in action) Upon the application of affidavit of of 20 and upon hearing

filed

and upon reading the the day .

It is ordered that the abovenamed judgment debtor attend and be orally examined as to whether the said judgment debtor has any property or means on the day of 20 , before the Registrar, and that the said judgment debtor produce any books or documents in his possession or power relating to the same before the Registrar at the time of the examination and that the costs of this application and of the examination thereunder be in the discretion of the Registrar conducting the examination. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. Note: This order requires personal service, and the copy served must be endorsed as prescribed by R.696(4), when it may be enforced by committal.

Form 154 R.742

GARNISHEE ORDER TO SHOW CAUSE IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Suit No. of 20

) ) Between Judgment Creditor And Judgment Debtor And Garnishee.

Upon the application of affidavit of the day of 20

and upon reading the sworn to (or affirmed) and filed and upon hearing .

It is ordered by the Judge (or Registrar) that all debts due or accruing due from the abovementioned garnishee to the abovementioned judgment debtor (in the sum of $ ) be attached to answer a judgment recovered against the said judgment debtor by the abovenamed judgment creditor in the Family Division of the High Court/Family Court on the day of 20 for the sum (or to answer an order made in the Family Division of the High Court/Family Court on the day of 20 ordering payment by the judgment debtor to the judgment creditor of the sum) of $ ($ debt and $ costs) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ remains due and unpaid. And it is ordered that the garnishee attend before the Judge (or Registrar), on the day of 20 at m., on an application by the said judgment creditor that the garnishee do pay to the judgment creditor the debt due from the garnishee to the judgment debtor, or so much thereof as may be sufficient to satisfy the judgment (or order), together with the costs of the garnishee proceedings. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. To the abovenamed garnishee and judgment debtor.

Form 155 R.743

AFFIDAVIT IN SUPPORT OF GARNISHEE ORDER IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Suit No. of 20

) ) Between Judgment Creditor And Judgment Debtor

I, , of , the abovenamed judgment creditor (or, state the name, the residence and the occupation or description of the deponent), do make oath (or affirm) and say as follows: 1. By a judgment (or order) of the Court given in this action, and dated the day of 20 , it was adjudged (or ordered) that the abovenamed judgment debtor should pay me (or the abovenamed judgment creditor) the sum of $ , and costs $ . of $

2. The judgment (or order) still remains unsatisfied to the extent and interest amounting to $ .

3. To the best of my information or belief (state the name, address and description of the garnishee) is indebted to the judgment debtor in the sum of $ or thereabouts, and is within the jurisdiction of this Court. The grounds of my information and belief are (state the sources of the deponent’s information or grounds of belief). 4. I am duly authorised by the abovenamed judgment creditor to make this affidavit on his behalf. Sworn (or affirmed) as in Form 132.

Form 156 R.745

GARNISHEE ORDERS (Title as in Form 154) (a) Final garnishee order14 where garnishee owes more than judgment debt. Upon reading the affidavit of filed the day of 20 , and the order to show cause made herein dated the day of 20 , and upon hearing the solicitors for the judgment creditor and the garnishee, whereby it was ordered that all debts due or accruing due from the abovenamed garnishee to the abovenamed judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the abovenamed judgment creditor in the Family Division of the High Court/Family Court on the day of 20 for the sum (or to answer an order made in the Family Division of the High Court/Family Court dated the day of 20 ordering payment by the said judgment debtor to the abovenamed judgment creditor of the sum) of $ ($ debt and $ costs) (together with the costs of the garnishee proceedings) on which judgment (or order) the sum of $ remained due and unpaid. It is ordered that the said garnishee do forthwith pay to the judgment creditor (or into Court if the judgment creditor is resident outside the scheduled territories as defined in the Exchange Control Act (Cap. 99), or would receive payment of the said sum on behalf of a person so resident, unless the permission of the Monetary Authority of Singapore under that Act has been given unconditionally or upon conditions which have been complied with) $ being so much of the debt due from the garnishee to the judgment debtor as is sufficient to satisfy the said judgment debt and costs, together with $ the costs of the garnishee proceedings, and that the garnishee be at liberty to retain $ for his costs of this application out of the balance of the debt due from him to the judgment debtor. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

(b) Final garnishee order14 where garnishee owes less than judgment debt. Upon reading (as above) It is ordered that the said garnishee (after deducting therefrom $ for his costs of this application) do forthwith pay to the said judgment creditor (or into Court if the judgment creditor is resident outside the scheduled territories as defined in the Exchange Control Act, or would receive payment of the said sum on behalf of a person so resident, unless the permission of the Monetary Authority of Singapore under that Act has been given unconditionally or upon conditions which have been complied with) $ the debt due from the garnishee to the judgment debtor. And that the sum of $ the costs of the judgment creditor of this application be added to the judgment debt and be retained out of the money recovered by the judgment creditor under this order and in priority to the amount of the judgment debt. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. Form 157 R.746

ORDER FOR ISSUE BETWEEN JUDGMENT CREDITOR AND GARNISHEE (Title as in Form 154) Upon reading the affidavit of filed the day of 20 , and the provisional order15 herein, dated the day of 20 , and upon hearing counsel for the judgment creditor, the garnishee and the judgment debtor. It is ordered that the judgment creditor and the garnishee proceed to the trial of an issue wherein the said judgment creditor shall be plaintiff and the said garnishee shall be defendant, and that the question to be tried shall be whether there was any debt due or accruing due in any and what amount from the garnishee to the judgment debtor at the time the said provisional order15 was served. And it is further ordered that the question of costs and all further questions be reserved to the Judge (or Registrar) trying the same issue. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 158 R.752

AFFIDAVIT AND NOTICE UNDER R.752 (Title as in action) And In the matter of (state the settlement or other document under which the deponent’s interest arises giving the date and other particulars sufficient to identify the document) And In the matter of Rule 752 of the Family Justice Rules. I, (or the solicitor of ), of do make oath (or affirm) and say that according to the best of my knowledge, information and belief I am (or the said is) beneficially entitled under the abovementioned settlement (or as may be) to an interest in the securities specified in the notice hereto annexed. Sworn (or affirmed) as in Form 132. This affidavit is filed on behalf of is . Notice to be annexed to affidavit. To the Accountant-General, Singapore (or as may be).

whose address

Take notice that the securities comprised in and subject to the trusts of the settlement (or as may be) referred to in the affidavit to which this notice is annexed consist of the following, namely (specify the stock, shares, etc., stating the names in which it stands). This notice is intended to stop the transfer of the said securities and not the payment of any dividend thereof or interest thereon (or and also the payment of any dividend thereof or interest thereon). Deponent. (or solicitor of deponent if affidavit sworn by him).

Form 159 R.756

ORDER RESTRAINING TRANSFER OF STOCK, ETC. (Title as in action) And In the matter of the trusts of And In the matter of Rule 756, of the Family Justice Rules.

Upon the hearing of the application for an injunction this day made unto this Court by counsel for the applicant. And the applicant by his counsel undertaking to abide by any order the Court may hereafter make should it decide that the respondents (the Accountant-General or as may be) have sustained damage by reason of this Order and are entitled to damages which the applicant ought to pay: It is ordered that the Accountant-General (or the Co. Ltd., or as may be) be restrained until the day of 20 or further order from permitting the transfer of (describe stock) standing in the name of (state name of holder of stock) in their books, or any part thereof, and from paying any dividend or interest due or to become due thereon. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 160 R.758

ORDER OF COMMITTAL (Title as in action) Upon application made to this Court by counsel for the plaintiff and upon reading the affidavit of filed on the day of of service on the defendant of a copy of the following: (1) the ex parte originating summons or summons (2) the statement and the affidavit in support of the application for leave (3) the order of Court dated the day of (4) the summons for an order of committal And it appearing to the satisfaction of the Court that the said defendant has been guilty of contempt of Court in (state the contempt): It is ordered that for his said contempt, the defendant do stand committed to prison to be there imprisoned for (or until further order) (and/or be fined $ ). (It is further ordered that this order shall not be executed if the said defendant complies with the following terms, namely, ). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. Form 161 R.766

WARRANT FOR COMMITTAL (Title as in action) To the Sheriff and all other police officers of Singapore. Whereas by an order of this Court pronounced this day it was ordered that the abovenamed do stand committed to prison for his contempt mentioned in the said Order. This is to direct you to apprehend the said and safely convey him to prison to be detained and kept in safe custody for (or until further order). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 162 R.783

ORDER FOR REVIEW OF DETENTION11 (Title as in action) To at under restraint).

the

Superintendent of Prison (or other person having the custody of the person

Take notice that you are required by this order to produce who is detained under your custody before the Family Division of the High Court on (date/time) in order that the Court may examine and/or pronounce on the legality of the detention of the said . If you default in doing so, the Court will then, or so soon thereafter as counsel can be heard, be moved to commit you to prison for your contempt in not obeying this order. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. To:

Form 163 R.797

ORDER FOR POSSESSION UNDER DIVISION 54 OF PART 18 (Title as in summons) Upon hearing and upon reading the affidavit of filed the day of 20 , it is ordered that the plaintiff A.B. do recover possession of the land described in the originating summons as (and the defendant do give possession of the said land on ) (and that the defendant do pay the plaintiff $ costs (or to be taxed)). The above costs have been taxed and allowed at $ the Registrar’s certificate dated the day of

20

as appears by .

Dated the day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 164 R.798

WRIT OF POSSESSION UNDER DIVISION 54 OF PART 18 (Title as in summons) To the Sheriff/bailiff, Whereas it was on the day of 20 ordered that the plaintiff A.B. do recover possession of (described the land recovery of which has been ordered) (and that the defendant C.D. do pay him $ costs (or costs to be taxed, which costs have been taxed and allowed at $ as appears by the Registrar’s certificate dated the day of 20 )). You are directed that you enter the said land and cause A.B. to have possession of it. (And you are also directed that of the goods, chattels and other property of C.D. authorised by law to be seized in execution you cause to be made (the sum(s) of $ (and $ for costs of execution)) and also interest on $ at the rate of per cent per annum from the day of 20 until payment (together with Sheriff’s/bailiff’s expenses, costs of levying and other legal, incidental expenses) and that immediately after execution of this writ you pay A.B. in pursuance of the said judgment (or order) the amount levied in respect of the said sums and interest.) And you are also directed that you endorse on this writ immediately after execution thereof a statement of the manner in which you have executed it and send a copy of the statement to A.B. Dated the day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 165 R.814, 816, 823, 839

NOTICE OF APPEAL (For Registrar’s Appeal, Title as in Action) District Court Appeal No. of 20 . Between Appellant And Respondent In the matter of

No. Between

of 20

. Plaintiff

And Defendant NOTICE OF APPEAL To: The Registrar and to Take notice that an appeal has been filed by the abovenamed plaintiff (or defendant) to the (*District Judge in Chambers/Judge in Family Division of the High Court in Chambers/Family Division of the High Court). The appeal is against the decision (to specify the whole or part of the decision, in an appeal to the Family Division of the High Court) of the (*Registrar of the Family Courts/Registrar of the Family Division of the High Court/Magistrate in Chambers/District Judge in Chambers/Magistrate/District Judge/ (name) given on , as follows: Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar. (*Delete as appropriate) Form 166 R.824

CERTIFICATE FOR SECURITY FOR COSTS (Title as in Form 165) This is to certify that of the abovenamed appellant has deposited the sum of $ by way of security for the respondent’s costs of the appeal/application* in the Registry (or with the Accountant-General). Dated this

day of

20

. Registrar.

*Delete whichever is inapplicable.

Form 167 R.824

UNDERTAKING FOR SECURITY FOR COSTS (Title as in Form 165) To the respondent, We, the solicitors for the appellant, undertake to hold the sum of $ by way of security for your costs of the appeal/application* and, if costs are payable to the respondent under any order made by the Family Division of the High Court, to release to you the said amount without set-off unless the Family Division of the High Court otherwise orders. Dated this

day of

20

. Solicitors for the appellant(s)

*Delete whichever is inapplicable.

Form 168 R.824

CERTIFICATE FOR SECURITY FOR COSTS (BY WAY OF AN UNDERTAKING) (Title as in Form 165) To the Registrar, We, the solicitors for the appellant, hereby certify that we have furnished an undertaking in accordance with Rule 824 as security for the respondent’s costs of the appeal/application*. Dated this

day of

20

. Solicitors for the appellant(s)

*Delete whichever is inapplicable.

Form 169 R.830

NOTICE OF DISCHARGE OF UNDERTAKING FOR SECURITY FOR COSTS OF APPEAL (Title as in Form 165) To the Registrar, We, the solicitors for the appellant, hereby give notice of our discharge of the undertaking furnished as stated in the Certificate for Security for Costs (By Way of Undertaking) filed on ____(date). All other parties to the appeal agree that there is no outstanding issue of cost between any party and consent to the discharge of the undertaking as shown below: Signature: (Signature of consenting party.) Name: (Name of solicitor for party consenting to the discharge/ If in person, name of party consenting to this summons.) NRIC No.:

Form 170 R.901

ORDER FOR SUBSTITUTED SERVICE (Title as in action) Upon the application of and upon reading the affidavit of of 20 and upon hearing

the plaintiff in this action filed the day .

It is ordered that service of a copy of this order, and a copy of the writ of summons in this action by sending the same by a prepaid ordinary post letter addressed to the defendant at , (or such other substituted service as may be ordered) shall be good and sufficient service of the writ. Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. Form 171 R.901

AFFIDAVIT ON APPLICATION FOR SUBSTITUTED SERVICE (Title as in action) I, of , (the abovenamed plaintiff, or solicitor for the abovenamed plaintiff, or clerk to the plaintiff’s solicitor, or clerk to the plaintiff, or as may be) do make oath (or affirm) and say as follows: 1. Having been directed by to serve the abovenamed defendant with a copy of the writ of summons in this action which appeared to me to have been regularly issued out of and under the seal of the Family Justice Courts by the abovenamed plaintiff against the abovenamed defendant, and dated the day of 20 , which said writ and copy were subscribed and endorsed in the manner and form prescribed by the Family Justice Rules and a true copy of which said writ is now produced and shown to me, marked ‘ ’, I did on the day of 20 attend for the purpose of serving a copy of the said writ at (describe efforts to effect service). I have made all reasonable efforts and used all due means in my power to serve the said writ, but I have not been able to do so. Sworn (or affirmed) as in Form 132. Note: The affidavit should also specify the method of substituted service asked for, and state that if such service is ordered it will probably be effectual in bringing the writ (or as may be) to the knowledge of the defendant. If the defendant is evading service the affidavit should so state.

Form 172 R.906

AFFIDAVITS OF SERVICE (Title as in action) (a) Affidavit of Personal Service of writ of summons or other process on a person. I, of , do make oath (or affirm) and say as follows: 1. I did on the day of 20 , at (state where) personally serve (the abovenamed defendant) (or one of the abovenamed defendants) (or a partner in the abovenamed defendant firm of & Co.) (or the person (the insertion of the name is not essential) having at the time of such service the control or management of the said partnership business) (or as may be) with a true copy of the writ of summons (or as may be) in this action which appeared to me to have been regularly issued out of the Registry of the Family Justice Courts against (the abovenamed defendant) (or the abovenamed defendants) (or as may be) at the suit of (the abovenamed plaintiff) (or plaintiffs) (or as may be) and which was dated the day of 20 . 2. The defendant (or as may be) (is known to me) (or was pointed out to me by ) (or admitted to me that he was ). 3. At the time of the said service the said writ (or as may be) and the copy thereof were subscribed (and endorsed) in the manner and form prescribed by the Family Justice Rules. 4. I did on the day of 20 endorse on the said writ the day of the month and the week of the said service on the said defendant. Sworn (or affirmed) as in Form 132.

(b) Affidavit of Personal Service of writ of summons or other process on a body corporate. I, of , do make oath (or affirm) and say as follows: 1. I did on the day of 20 (date of posting), serve the abovenamed defendant (or as may be) with a true copy of the writ of summons (or as may be) in this action, which appeared to me to have been regularly issued out of the Registry of the Family Justice Courts against the abovenamed defendant (or as may be) at the suit of the abovenamed plaintiff (or as may be), and which was dated the day of 20 by leaving the same at (place of service) (or sending the same) on the day of 20 , (by registered post) (or by post in a prepaid letter or envelope) addressed to the abovenamed defendant (or as may be) at (address), which is the registered office of the said defendant (or as may be) (and as in paragraph 3 etc. of (a) above). Note: This form may be used with necessary alterations for a foreign company registered in Singapore under the Companies Act (Cap. 50), but the affidavit must state that the company is a foreign company registered pursuant to that Act and that service is being effected on the person authorised by registration in Singapore to accept service on behalf of the defendant under that Act. (c) Affidavit of Substituted Service by Post of writ of summons or other process. I, of , do make oath (or affirm) and say as follows: 1. I did on the day of 20 , serve the abovenamed defendant (or as may be) with a true copy of the writ of summons (or as may be) in this action and a true copy of the order for substituted service, by posting at the Post Office at in a prepaid letter or envelope (or 2 prepaid letters or envelopes each) containing a true copy of the said writ (or as may be) and of the said order, and addressed (respectively) to the defendant (or as may be) at (and at ) pursuant to the said order. 2. That the said writ of summons (or as may be) appeared to me to have been regularly issued out of the Registry of the Family Justice Courts against the abovenamed defendant (or as may be) at the suit of the abovenamed plaintiff (or as may be) and was dated the day of 20 (and as in paragraph 4 etc. of (a) above).

(d) Affidavit of Service of writ of summons by Advertisement. I, follows:

of

, do make oath (or affirm) and say as

1. I did on the day of 20 , serve the abovenamed defendant with the writ of summons in this action and of the order for service by advertisement dated the day of 20 , by causing to be inserted once in (names of paper or papers as ordered) an advertisement in the words following namely: (Title, Reference Number, etc.) The abovenamed defendant, (As in (e) below). 2. The advertisement aforesaid appeared in the (name of paper) on the day of 20 , (and in the (name of paper) on the day of 20 ). Sworn (or affirmed) as in Form 132. (e) Form of Advertisement. To

of (or late of)

Take notice that an action has been commenced against you in the Family Justice Courts in Suit No. of 20 by of , in which the plaintiff’s claim is for (state very shortly the nature of claim and the amount (if any) claimed in the endorsement on the writ). And that it has been ordered that service of the writ in the said action on you be effected by this advertisement. If you desire to defend the said action you must within days from the publication of this advertisement, inclusive of the day of such publication, enter an appearance at the Registry of the Family Justice Courts. In default of such appearance judgment may be entered against you. Dated this

day of

20

. Solicitors for the

(f) Affidavit of Personal Service of Judgment or Order. I, of , do make oath (or affirm) and say as follows: 1. I did on the day of 20 , at personally serve the abovenamed defendant (or plaintiff) with a true copy of the order (or judgment) dated in this action, now produced and shown to me marked (or recite operative part of order or judgment). 2. The copy of the said order (or judgment) so served as aforesaid had endorsed thereon when so served the words following, that is to say: “If you the within named neglect to obey this order (or judgment) by the time therein limited you will be liable to process of execution for the purpose of compelling you to obey the same order (or judgment)”. Sworn (or affirmed) as in Form 132. Form 173 R.930

NOTICE OF CHANGE OF SOLICITOR (Title as in action)

To the Registrar, Take notice that (name of new solicitor), of , has (or have) been appointed to act as the solicitor of the abovenamed (plaintiff or defendant (if for one or more of several defendants, naming the defendant or defendants)) in this action, in the place of (name of original solicitor). is

The address for service of the abovenamed (new solicitor) . Dated this

day of

20

. Solicitor.

To the abovenamed defendant (or plaintiff) or his (or their) solicitor and to (naming the former solicitor of the plaintiff (or defendant)). Form 174 R. 932

NOTICE OF INTENTION OF PARTY TO ACT IN PERSON, IN PLACE OF SOLICITOR (Title as in action) To the Registrar, Take notice that I, the abovenamed plaintiff (or defendant) intend to act in person in this action in the place of and that my address for service is . Dated this

day of

20

. Party.

To the abovenamed defendant (or plaintiff) and to (naming the former solicitor of the plaintiff (or defendant)).

Form 175 R.933

SUMMONS TO REMOVE SOLICITOR FROM RECORD (Title as in action) To: (name of party whose solicitor has ceased to act) Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. (Name of solicitor who has ceased to act) ceases to be the solicitor acting for (name of party whose solicitor has ceased to act), plaintiff (or defendant) (or as may be) in this action (or matter); and 2. Costs of this application be . Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar. Form 176 R.933

ORDER REMOVING SOLICITOR FROM THE RECORD (Title as in action) , solicitor for in this action (or matter) having (died, become bankrupt or any other reason for removal) and the said (name of party formerly represented by solicitor) having failed to give notice of change of solicitor or notice of intention to act in person and notice of the application having been duly served upon the said (name of party formerly represented by solicitor). Upon the application of of filed the hearing .

day of

and upon reading the affidavit 20 and upon

It is ordered that the said ceases to be the solicitor acting for the said (name of party formerly represented by solicitor) in this action (or matter). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 177 R.934

NOTICE OF CEASING TO ACT AS SOLICITOR (Title as in action) To: The Registrar and the (plaintiff/defendant (name) or his solicitors) Take notice that the following solicitor has ceased to act — Name of solicitor ceasing to act: Party for whom the solicitor has ceased to act: Address for service of the party for whom the solicitor has ceased to act: (last known address of the plaintiff or defendant, if acting in person, or the principal or registered address of the plaintiff or defendant if a body corporate). Issued by:

(Solicitors for the

).

Form 178 R.934

SUMMONS FOR WITHDRAWAL OF SOLICITOR (Title as in action) To: (name of party whose solicitor is withdrawing) Let all parties concerned attend before the Court on the date and time to be assigned for the hearing of an application for the following order(s): 1. (Name of solicitor withdrawing) ceases to be the solicitor acting for (name of party represented by that solicitor), the plaintiff (or defendant) (or as may be) in this action (or matter) upon compliance with the requirements of Rule 934(1) of the Family Justice Rules; and 2. Costs of this application be . Grounds of application: (To set out grounds) or (As set out in the affidavit of [name]). Issued by: (Solicitors for the ). # This form requires sealing by the Court and the signature of the Registrar.

Form 179 R.934

ORDER FOR WITHDRAWAL OF SOLICITOR (Title as in action) , the solicitor for a plaintiff (or a defendant) in this action (or matter) having duly served notice of the application on the said . Upon the application of of filed the day hearing .

of

and upon reading the affidavit 20 and upon

It is ordered that upon compliance with the requirements of Rule 934(1) of the Family Justice Rules the said ceases to be the solicitor acting for the said in this action (or matter). Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar. Form 180 R.938

CERTIFICATE OF SERVICE OF FOREIGN PROCESS I, , Registrar of the Family Justice Courts of the Republic of Singapore hereby certify that the documents annexed hereto are as follows: (1) The process received with a Request for Service; and (2) A copy of the evidence of service upon the person named in the process. And I certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the Family Justice Courts regulating the service of legal process in Singapore, and the proof thereof. And I certify that the cost of effecting such service, as duly certified by me amounts to the sum of $ . Dated this day of 20 . # This form requires sealing by the Court and the signature of the Registrar.

Form 181 R.964

DIRECTIONS TO ACCOUNTANTGENERAL (Title as in action) (a) For Payments In. Ledger Account (if the same as the cause state ‘as above’). Pursuant to (insert the provision of law by which payment into Court is made), the Accountant-General is hereby directed to receive the sum of $ (paid in on behalf of the defendant in satisfaction of the claim of the plaintiff or the funds and securities specified in the Schedule hereto or as may be). Dated this

day of

20

. Registrar.

Note: Where funds are lodged in Court not being moneys paid in under Division 8 of Part 18 or as security for costs or in satisfaction of a judgment or order, but are to be lodged under an order comprising funds of various nature and directing lodgment by one or more persons, a single direction may be issued, and the particulars stated in a schedule to the direction, e.g.: SCHEDULE Particulars of fund to be lodged

Persons to make the lodgment

Amount

Money

Securities

$

$

(b) For Payments Out. Ledger Account (if the same as the cause state ‘as above’). The Accountant-General is hereby directed to pay to (insert the name person to be paid and whether as plaintiff or defendant or as solicitor plaintiff or defendant) the sum of dollars (in words length) $ , and any interest accrued thereon (if such is payable), lodged Court in the above cause or matter on behalf of the defendant satisfaction of the claim of the plaintiff (or as may be).

of to at in in

(c) Certificate of Ascertained Sums. Ledger Account (if the same as the cause state ‘as above’). I hereby certify that under Order dated the day of 20 the sums stated in the Schedule subjoined hereto amounting in the whole to $ have been ascertained to be the sums payable under the said Order to the persons respectively named in respect of (state in what character paid). Dated this

day of

20 . Registrar. SCHEDULE Address (if ascertained)

Name

Amount to be paid $

Form 182 R.964

AUTHORITY TO COMPANY TO REGISTER TRANSFER (Title as in action) Co. Ltd.,

To the Singapore.

Please register transfer Accountant-General. Dated this

day of

of shares

Nos.

from

to the

20 . Accountant-General.

CERTIFICATE OF TRANSFER The abovementioned shares have this day been transferred as authorised. Dated this

day of

20 . Secretary of the

Co. Ltd.

FORM 183 R.971

STATUTORY DECLARATION (Title as in action) Ledger Account (if the same as the cause state ‘as above’). I (name and address of applicant) solemnly and sincerely declare that I am the (degree of relationship) and next or one of the next-of-kin of (name of deceased) and that I am entitled to take out Letters of Administration to his estate and to receive the sum of $ directed to be paid to him by the Order dated the day of 20 . And I further declare that the total value of the assets of the deceased including the above sum does not exceed $10,000 and I certify that the funeral and other testamentary expenses of the deceased have been paid. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths and Declarations Act (Cap. 211). Applicant. Declared before me this day of 20 . (Name and designation of officer administering oath) Form 184 R.978

ACCOUNT BOOK RECEIPTS

Date

From whom received

No. of action or proceedings

To whose credit paid

No. of Receipt

Amount Received

Amount Banked

Date of Payment

Amount paid by cheque

Page and Book No. of Account Book (Receipts)

PAYMENTS

Date

To whom paid

No. of action or proceedings

No. of cheque

Amount paid in cash

Form 185 R.988

FAMILY JUSTICE COURTS INSTALMENT LEDGER ACCOUNT

Particulars of Account:

Court Order No. ____________

Summons No.

Date of Court Order ___ No. __

Parties Amount of instalment.

Date Due.

Amount of Judgment.

$

$ RECORD OF RECEIPTS AND PAYMENTS

Paid by J.D. on

Amount. $ ¢.

Signature of J.D.

Total $ ¢.

Received by †J.C. on

Amount. $ ¢.

Signature of †J.C.

Total $ ¢.

Note: This card must be completed on each occasion a debtor pays in and on each occasion a creditor receives a payment.

J.D. = Judgment Debtor †J.C. = Judgment Creditor

Form 186 R.989

REQUEST4 FOR HEARING DATES/ FURTHER HEARING DATES (Title as in action) To: The Registrar, Request for the matter to be fixed for hearing/further hearing* before: Judge/Registrar* Number of hearing/further hearing* days requested: Number of hearing days previously expended: Hearing fees payable: Issued by: (Solicitors for the (*Delete as appropriate).

).

days

days

FORM 187 Para 8

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE

Divorce Suit

)

No.

)

of 20

Between (NRIC No.

) …Plaintiff

And (NRIC No.

) …Defendant

NOTICE OF ADDRESS FOR SERVICE ON CHILD REPRESENTATIVE

1. I have been appointed the Child Representative for your child(ren), namely (insert name of child) pursuant to the Order of Court dated ____. 2. Please serve on me all documents filed in Court relating to the custody care and control and access of the child(ren) by delivering a copy/copies of the same at the following address: [insert address]

Name of Child Representative: Law Firm/Employer Organisation:

FORM 188 Para 8

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE

Divorce Suit

)

No.

)

of 20

Between (NRIC No.

) …Plaintiff

And (NRIC No.

) …Defendant

SUBMISSION BY CHILD REPRESENTATIVE A. Date of Appointment of Child Representative:

B. Child(ren) who are subject of these proceedings:

C. Brief Facts of the Case/Chronology:

D. Documents served on the Child Representative by parties: Description of Documents Filed in Court on

E. Other relevant documents : Description of Documents

Date of Document

F. Meetings/Phone Calls with the child: Any other Brief Date of Venue description person(s) meeting/Phone of meeting as to what present Call transpired at meeting

Length of Person meeting/phone who brought call child to meeting

1. 2. G. Meetings/Interviews/Phone Calls with any other person(s): Length of Brief Date of Name Relationship Venue description meeting/phone with the of meeting/Phone of meeting as to what call Person child call transpired at interview/ meeting 1. 2. H. Summary of Key Observations made by the Child Representative/Issues:

I. Applicable Case Law:

J. Analysis of the Issues/Basis of Proposals below

K. Proposed Orders/Recommendations: [If CR is unable to make any proposal, to state reason(s) why]

FORM 189 Para 9

APPLICATION FOR THE APPOINTMENT OF EXPERT IN RESPECT OF CUSTODY AND ACCESS ISSUES (Title as in action) SUMMONS

1.

Date and Time of Hearing before Judge in Chambers/Registrar* (to be completed by the court) Date of Hearing: Time of Hearing:

2.

Orders Applied For

(a) A report is to be prepared by [to state name of expert] (“the expert”) to assist the court in resolving the custody and/or access* issues in this matter (“the report”) in relation to the following child/children* [to state names and dates of birth of the children]: (b) The report is to be filed in court by [to state date], or such later time as the court may fix, upon application by any party. (c) The costs of preparation of the report are to be borne by [to state party bearing costs of preparation of the report and/or other arrangements for payment]. (d) The issues to be addressed in the report, and the documents to be furnished to the expert, are to be as set out in the draft Letter of Instruction to Expert Witness annexed to this application (“the draft Letter”). (e) A letter in the form of the draft Letter shall be sent to the expert by [to state name of party] (“the party writing to the expert”) on or before [to state date], which letter shall be copied to the court and all other relevant parties [please specify] to these proceedings.

(f) To facilitate investigations by the expert in respect of the report: 1.Each party to these proceedings is to furnish to the party writing to the expert, upon request, any information which is necessary in order to enable that party to complete Schedule 1 of the draft Letter. If the contact particulars stated in Schedule 1 change before the report is filed in court, the parties are to update the expert on the same within 3 working days of the said change(s), if this is within their knowledge. 2.The parties are to co-operate with the expert and comply with any and all requests made by the expert in the course of his/her investigations for the purposes of the report, including, but not limited to: (i)

allowing the other party free access to the child/children (notwithstanding any current orders for access or interim access) for the purpose of an interview by the expert; (ii) attending all appointments made with the expert punctually; (iii) allowing the child/children to be interviewed alone (i.e. not in the presence of any party), or with any other person as the expert sees fit, and otherwise examined or assessed by the expert; and (iv) providing any information requested by the expert, for example, on one’s educational history, family members, living arrangements. If any of the orders in paragraph (f) above are not complied with, the expert may, unless the court otherwise orders, proceed to prepare the report with details of any party’s non-compliance with the said orders, for the court’s information, consideration and/or directions. 3.

Grounds of application [Choose one of the following.] (a) The grounds of the application are set out in the affidavit(s)* filed in support of this application. (b) The grounds of the application are set out herein.

4.

Party Filing this Summons (e.g. Plaintiff, Defendant, Co-Defendant, etc.)

5.

Party/Parties* to be Served with this Summons (e.g. Plaintiff, Defendant, CoDefendant, etc.)*

6.

Consent*

I/We* hereby consent to this Summons.

Signature: Name and NRIC No. of Party Consenting to this Summons/Name of the Solicitor of Party Consenting to this Summons*: Date: This Summons is taken out by [to state name of party taking out this summons] Signed: Registrar: Date:

* Delete where inapplicable

FORM 190 Para 9

LETTER OF INSTRUCTION TO EXPERT WITNESS

Dear [To state name of expert] Re:

[Name of child/children] Divorce Suit No. [to state number] Order for Custody/Access Evaluation Report

Date by which report has been ordered to be filed in court: [to state date] Summary of the proceedings and applications 1.

The particulars of the persons concerned in the above proceedings are listed in Schedule 1 annexed to this letter, with the date(s) of birth of the child/children, and the contact numbers of all the relevant parties. The proceedings consist of:  

Custody and/or access issues in the ancillary matters in the divorce proceedings [to state the orders sought by each party] Applications for custody and/or access in the divorce proceedings [to state the numbers of the relevant Summonses and the orders sought by each party]

Issues before the Court 2.

The issues before the court are: [To state what issues the court has to decide, for example:  

Whether the mother/father/third party [please specify] should have care and control of the child/children Whether the mother/father/third party [please specify] should have access/supervised access to the child/children]

Orders Currently in Force 3. The following orders are currently in force: [To set out the dates and details of all the court orders currently in force in respect of:   

the custody and access issues; any family violence application; any maintenance issues.]

Documents 4.

We enclose with this letter:

  

Schedule 1 (see paragraph 1 above); Schedule 2, which contains a list of the documents which you may wish to consider in preparing your report; A copy of the order giving leave for you to [interview] [examine] the child/children.

Your instructions 5.

You have the leave of the court to interview the child/children and any relevant family member[s].

6.

Please address the following issues in your report: [Here set out the specific questions approved by the court or agreed with the other parties in an itemised list, for example:

7.

(1)

What is your assessment of the mother’s relationship with the child and her ability to care for the child and meet his emotional needs during his childhood?

(2)

Would the child be at risk in the father’s care during contact either on daytime visits or overnight stays?]

If there are any other issues which, in your opinion, need to be addressed, please state them and explain why it is necessary for the court to consider these issues.

Contact persons 8. Please contact the parties directly to arrange for interviews. Please keep a careful record of all pertinent discussions with all the parties. The contact particulars of all the relevant parties are in Schedule 1. 9. If at any time you anticipate that you will not be able to file your report by the deadline stipulated, please inform us promptly so that we may inform the other parties and the court if appropriate. Factual issues 10.

You should express your opinion regarding your findings on the facts of the case, but you must not seek to resolve disputed facts as this is, of course, to be determined by the judge at the final hearing. Where appropriate, it will be of assistance if you are able to express your opinion on the basis of alternative findings regarding the factual dispute[s]. Your report 11. The report will be disclosed to the court and to all the other parties. Once your report has been prepared, please send a copy to: 

The Plaintiff/Plaintiff’s solicitors* at [to state address]*

  

The Defendant/Defendant’s solicitors* at [to state address]* The court at The Family Justice Courts, No. 3 Havelock Square, Singapore 059725* The other party/parties [please specify]

Please state the case number and name of the case, i.e. [to state the case number and name of the case] in the title on the front page of your report. Fees 12. The fees for your report will be borne by [to state which party will be bearing the fees for the report and any other arrangements for payment]. Yours etc

*Delete where inapplicable

SCHEDULE 1—Name and Contact Particulars of Relevant Parties CASE NO.: Divorce Suit * No. [to state number] NAMES AND CURRENT CONTACT PARTICULARS OF THE PARTIES The Plaintiff Name

Identity Card No.

Current address and contact no. during office Relationship to the hours* child

Plaintiff Tel: The Defendant Name

Identity Card No.

Current address and contact no. during office Relationship to the hours* child

Defendant Tel: The Child/Children for whom the report has been ordered (to be completed by parent having care and control of the child) Name of the Child(ren)

Birth Cert. No.

Date of birth

Gender

Current address and contact no. during office hours*

1 Tel: 2 Tel: 3 Tel:

Other Relevant Persons Name

Current address and contact no. during office hours*

Relationship to the child Tel: Tel: Tel:

* Parties must inform the expert if the contact address or telephone number is changed during investigation.

SCHEDULE 2—List of Documents CASE NO.: Divorce Suit No [to state number]

S/No.

Document

Party who had furnished the document (i.e. Plaintiff, Defendant or other party)

Date of document

FORM 191 Para 11, 12 SUMMARY FOR MEDIATION _______________________ (Plaintiff)

vs

________________________ (Defendant)

(Title as in action) Party Filing this Summary: Plaintiff / Defendant* A.

CHILDREN ISSUES:

No of Children: Age of Children:

____________________________________________ ____________________________________________

(1) Custody State what this party wants regarding custody:

Sole / Joint*

(2) Care and Control State which party to be awarded care and control: (3)

Plaintiff / Defendant*

Access (a) State what this party wants regarding access if: (i) he / she* is the parent with care and control ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

(ii) he/she* is not the parent with care and control ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ (b)

Proposed handover venue and person to hand over the children: __________________________________________________________________ __________________________________________________________________

B.

DIVISION OF MATRIMONIAL ASSETS:

(1)

Matrimonial Home Address of matrimonial home: _____________________________________________

Current value: _________________________________________________________ (Estimated Value/Valuation Report Value) Outstanding loan amount: ________________________________________________

CPF - Plaintiff ________ (Principal) _______ (Interest) = ________ (Total) CPF - Defendant ________ (Principal) _______ (Interest) = ________ (Total) (2)

Direct financial contributions towards purchase, mortgage, renovations, property tax, conservancy, maintenance, repairs: _____________________________________________________________________

(3) Indirect contributions: State other payments made (e.g. towards household bills, groceries, children’s expenses): __________________________________________________ (4)

Length of marriage: ____________ years ____________ months

(5)

Proposal for Division: _________________________________________________

(6)

Other Assets State other assets and nature of claim: _____________________________________ State what percentage or monetary amount or claim this party wants as regards above assets: ______________________________________________________________

C.

MAINTENANCE

State occupation: ______________________________________________________ State income (nett): ____________________________________________________ (1) Maintenance of children State expenses and amount claimed/proposed: _______________________________ (2) Maintenance of wife State expenses and amount claimed/proposed:________________________________ (3) Maintenance of incapacitated husband State expenses and amount claimed/proposed:________________________________

D.

OTHER ISSUES (IF ANY)

______________________________________________________________________

Family Justice Courts

FORM 192 Para 14

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Suit No. of 20

) ) Between (NRIC NO.

) ...Plaintiff

And (NRIC No.

) ...Defendant

CONSENT TO GRANT JUDGMENT ON THREE YEARS’ SEPARATION I, _________ (NRIC No.

) of _____________________________(address) am

the Defendant and confirm that I have lived separate and apart from the Plaintiff for a continuous period of at least 3 years immediately preceding the filing of this Writ, i.e. since ______ (date) and I consent to an Interim Judgment being granted. Signed by the abovenamed ______________ (name) On this (date)

) ) ) Before me, Commissioner for Oaths

FORM 193 Para 15

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Suit No. of 20

) ) Between (NRIC NO.

) ...Plaintiff

And (NRIC No.

) ...Defendant

DEFENDANT’S CONSENT TO SIMPLIFIED DIVORCE PROCEEDINGS

I, _________ (NRIC No.

) of _____________________________(address) am

the Defendant and confirm that I agree to the following:a) the Plaintiff filing a Writ for divorce on the ground as stated in the draft Interim Judgment duly signed by me within ____ (to state period) of the date of this Consent; b) the divorce being granted by the Court based on the ground as stated in draft Interim Judgment duly signed by me; and c) dispensation of service of the Writ for Divorce and other commencement documents. Signed by the abovenamed ______________ (name) On this (date)

) ) ) Before me, Commissioner for Oaths

FORM 194

Para 16

REQUEST FOR CHECKING ELIGIBILITY OF PROPOSED PURCHASER(S)/TRANSFEREE(S) UNDER OPTIONS 4 & 5 OF THE AGREED MATRIMONIAL PROPERTY PLAN Important: To be completed by the proposed purchaser/transferee. No space is to be left blank. The word “Nil” or “NA” should be filled where appropriate. I

ADDRESS OF FLAT: _____________________________________________________ Option 4 of the Agreed Matrimonial Property Plan is selected: the Plaintiff’s share in the flat will be sold/transferred* to the Defendant and/or others. Option 5 of the Agreed Matrimonial Property Plan is selected: the Defendant’s/ share in the flat will be sold/transferred* to the Plaintiff and/or others.

II

PARTICULARS OF PROPOSED PURCHASER(S)/TRANSFEREE(S) Name

NRIC/ FIN

1 2 3 4 III

Relationship

Marital Status

Date of Birth

Age (Years)

Citizenship

Occupation

Gross Monthly Income

Contact No

Citizenship

Occupation

Gross Monthly Income

Contact No

Self

PARTICULARS OF PROPOSED OCCUPIER(S) IN THE FLAT Name

NRIC/ FIN

Relationship

Marital Status

Date of Birth

Age (Years)

5 6 7 8 IV

OTHER INFORMATION

Yes

a

Do you have the sole custody of the child, or if joint custody is agreed upon, the care and control of the child?

b

Do you or any person listed above own or have any share or interest in any HDB flat and/or private property# (whether in Singapore or overseas)? (If so state address, property type, share and value): ______________________________________________ __________

c

Have you or any person listed above disposed of any private property# (whether in Singapore or overseas) within the last 30 months? (If so state address, property type, share and value) _______________________________________________________ _ Have you or any person listed above previously sold two or more HDB flats in the open market?

d

# Includes HUDC and Executive Condominiums * Delete where inapplicable.

No

_________________________________ Signature of Plaintiff/Defendant *

FORM 195 Para 16 STANDARD QUERY TO HOUSING & DEVELOPMENT BOARD ON HDB MATRIMONIAL ASSET (HDB FLAT) AT _______________________________________________ (state address of HDB matrimonial asset ) ______________________________________________ ______________________________________________ (hereinafter called "the flat") PART 1

–

PARTICULARS OF PARTIES (To be completed by party making the enquiry)

Name of Plaintiff NRIC No.

Name of Defendant NRIC No.

Nature of Writ

Name of Defendant

Solicitor

Writ for Divorce / Annulment *

for

Plaintiff/

(specify the name of the solicitor representing the party who is making the enquiry) Solicitor’s address (if there is no solicitor, state the address of the party who is making the enquiry) Fax No. (HDB’s replies will be sent by fax or ordinary post to this address and number.) Contact No. * Delete where not applicable

PART 2 - PARTICULARS OF FLAT / HOUSEHOLD (to be completed by HDB) 2.1 Name of Flat Owner(s)/Occupier(s) Role Flat Owner(s)

Name 1.

Relationship with Flat Owner Self

2. 3. 4. Occupier(s)

5. 6. 7. 8.

2.2 Occupation Period of the Flat The flat owners are required to meet a X minimum occupation period from ddmmccyy (Effective Date of Sale/Purchase Date), excluding any subletting and/or non-occupation period, before they are eligible to sell the flat in the open market. 2.3 Information on the Flat Ownership  *Direct Purchased Flats : Please refer to the enclosed (a) Sales Order and (b) Mortgage Loan Statement of Account  *Resale Flats (including those purchased with CPF Housing Grant) : Please refer to the enclosed Mortgage Loan Statement of Account and the below table: Flat Type Mode of Purchase Manner of Holding Date of Purchase Purchase Price Amount of CPF Housing Grant Obtained Initial Capital Payment Conveyancing/Stamp/Registration/Administrative Fees Loan Granted

2.4 Information on Loan Repayment [A] Payment via CPF from Flat Owner(s) Name of Flat Owner(s)

Amount deducted from CPF Ordinary Account

1.

$

2.

$

3.

$

4.

$

[B] Payment via Cash

$

Monthly Mortgage Loan Instalment (total) ([A] + [B])

$

* Delete where not applicable

PART 3 -

ADDITIONAL INFORMATION

3.1 Retention of Flat If any of the parties wishes to retain the ownership of the existing flat, he/she must meet the prevailing eligibility conditions to take over the ownership of the flat and has the financial means to service the monthly mortgage loan instalments. The details can be found in the HDB InfoWEB at www.hdb.gov.sg under : Eligibility to Retain Flat :  “Living in HDB Flats > Change Owners or Occupiers > Retain Flat Ownership > Divorce” Eligibility to Obtain an HDB Loan :  “Living in HDB Flats > Change Owners or Occupiers > Transfer Flat Ownership > Eligibility Criteria > Proposed Owners’ Eligibility to obtain an HDB loan” 3.2 Sale of Flat If none of the party is eligible to retain the ownership of the flat and that the minimum occupation period of the flat has been met, they may consider selling the flat in the open market. The details can be found in the HDB InfoWEB at www.hdb.gov.sg under “Selling your flat > Am I Eligible > Eligibility > Minimum Occupation Period”. If the existing flat is bought from the HDB or with a CPF Housing Grant, the resale levy is payable when the party buys or takes over the ownership of another subsidised flat or an Executive Condominium bought directly from the developer/within the minimum occupation period. The details can be found in the HDB InfoWEB at www.hdb.gov.sg under “Selling your flat > Am I Eligible > Considerations > Resale Levy”. 3.3 Surrender of Flat The parties may have to surrender the flat to HDB if the minimum occupation period of the flat has not been met at the point of divorce and neither party meets the eligibility conditions to retain the flat under an eligibility scheme.

3.4 Creation of Trust for the Children HDB may allow creation of a trust to enable private individuals to hold the flat in trust for minor children until they reach 21 years old, subject to the following conditions :   

The private individual to be appointed as trustee must be a Singapore citizen or Singapore permanent resident. If the trustee is also the remaining co-owner who is able and willing to service the loan, HDB may consider granting a fresh loan for the flat. Otherwise, the existing mortgage loan must be fully discharged. The request for creation of trust will be subject to HDB’s approval.

3.5 Purchase of Next Flat Directly from HDB/in the Open Market If any of the parties wishes to buy another flat, he/she may purchase it either directly from HDB or from the open market, subject to meeting the eligibility conditions as set out in the HDB InfoWEB at www.hdb.gov.sg under :  “Buying a flat > New Flat”  “Buying a flat > Resale Flat” 3.6 Rental of Flat Directly from HDB If the party could not afford to buy a flat and does not have family support, he/she may apply to rent a flat directly from HDB. The details can be found in our HDB InfoWEB at www.hdb.gov.sg under “Renting a flat > Direct from HDB > Public Rental Scheme > Eligibility for renting a flat”.

_______________________________________ Signature, name and designation of HDB Officer Enc.

______________________________ Date

FORM 196 Para 16

STANDARD QUERY TO THE HOUSING & DEVELOPMENT BOARD ON HDB MATRIMONIAL ASSET (AGREEMENT FOR LEASE OF HDB FLAT) AT – ______________________________________________ (state address of the HDB matrimonial asset)

_______________________________________________

Sales Registration No.:____________________________ (hereinafter called “the flat”) PART 1 – PARTICULARS OF PARTIES (To be completed by party making the enquiry)

Name of Plaintiff NRIC No.

Name of Defendant NRIC No.

Nature of writ

Writ for Divorce / Annulment *

Name of Solicitor for Plaintiff /Defendant * (specify the name of the solicitor representing the party who is making the enquiry) Solicitor’s address (if there is no solicitor, state the address of the party who is making the enquiry)

Fax No. (HDB’s replies will be sent by fax or ordinary post to this address and number.)

Contact No. * Delete where inapplicable. Instruction to party making the enquiry: Please complete the address and sale registration number of the flat in subsequent pages

Address & sale registration number of the flat: __________________________________________________

PART 2 - PARTICULARS OF THE FLAT (to be completed by HDB) Names of purchaser(s)

Name

Relationship with Purchaser 1

1

Self

2 3 4 Names of permitted occupiers and their relationship with Purchaser 1.

Name

Relationship with Purchaser 1

1 2 3 4

Holding Type

Sole owner/tenant Joint Tenancy Tenancy in common in the following shares: Share Lessee 1 Lessee 2 Lessee 3

_____________ _____________ _____________

Lessee 4

_____________

Others (please specify): __________________________________

Type of Flat

1-room 2-room 3-room 4-room 5-room Executive Others (please specify): __________________________________

Address & sale registration number of the flat: __________________________________________________

PART 3 -

PARTICULARS OF THE AGREEMENT FOR LEASE (to be completed by HDB)

Address of flat

Selling price Date Agreement signed Estimated date of physical completion Keys available



Yes



No Purchaser 1

Deposit CPF $

Purchaser 2

Purchaser 3 CPF $

Purchaser 4

CPF $

Purchaser 2

CPF $

(inclusive of GST)

Purchaser 4

$

CPF $ Purchaser 1

CPF $

Purchaser 2 CPF $

Purchaser 3 CPF $

Cash paid:

CPF $ Purchaser 3

Conveyancing fee

$

CPF $ Purchaser 1

Stamp Fee

Cash paid :

CPF $

Cash paid: Purchaser 4

$

CPF $

Note: No loan has been granted by the HDB as the purchasers have not taken possession of the flat.

Address & sale registration number of the flat: __________________________________________________

PART 4 - TRANSFER OF AGREEMENT FOR LEASE Part 4.1 – Transfer of agreement for lease (to be completed by the party making the enquiry) (i) Where the parties have agreed on custody of the children, state which parent has the sole custody of the children. (ii) Where the parties have agreed on joint custody of the children, state which parent has care and control of the children

     

Plaintiff. Defendant. No agreement has been reached. Plaintiff. Defendant. No agreement has been reached.

(iii)If the proposed purchaser(s) of the flat is/are known, furnish the following information: Proposed Purchasers: Name

NRIC/ FIN

1

Relationship

Marital status

Date of birth

Age

Citizenship

Occupation

Income@

Contact No.

Date of birth

Age

Citizenship

Occupation

Income@

Contact No.

Self

2 3 4 Proposed occupiers who will be residing in the flat: Name

NRIC/ FIN

Relationship

Marital status

5 6 7 8

(iv) Has any of the proposed purchasers or occupiers disposed of any private property#, whether in Singapore or overseas, within the last 30 months? If so, state the address, property type, share and value. (v) Has any of the proposed purchasers or occupiers previously sold two or more HDB flats in the open market?

(vi) Has any of the proposed purchasers or occupiers inherited any share/interest in any HDB flat or private property#, whether in Singapore or overseas? If so, state the address, property type, share and value. @ Gross monthly income



Yes (give details): _______________________ _______________________________________



No.



Yes (specify who): ________________________

___________________________ 

No.



Yes (give details): _______________________ _______________________________________



No. # Includes HUDC and Executive Condominiums

Part 4.2 – Transfer of the Agreement For Lease (to be completed by HDB) (1) Can the agreement for lease be transferred to the Plaintiff? If not, what are the eligibility conditions for the Plaintiff to retain the agreement for lease?

 

Yes, based on the information supplied in Part 4.1. No, based on the information supplied in Part 4.1 / insufficient information given*. The general eligibility conditions for the Plaintiff to retain the agreement for lease are set out in: ___________________________

__________________________________ (2) Is the Plaintiff eligible for a loan from HDB when he takes possession of the flat? If not, what are the criteria for obtaining a loan?

 

Yes, based on the information supplied in Part 4.1. No, based on the information supplied in Part 4.1 / insufficient information given*. The general eligibility conditions for the Plaintiff to obtain a loan are set out in:____________________________________________

__________________________________ (3) Can the agreement for lease be transferred to the Defendant? If not, what are the eligibility conditions for the Defendant to retain the agreement for lease?

 

Yes, based on the information supplied in Part 4.1. No, based on the information supplied in Part 4.1 / insufficient information given*. The general eligibility conditions for the Defendant to retain the agreement for lease are set out in:____________________________

__________________________________ (4) Is the Defendant eligible for a loan from HDB when he takes possession of the flat? If not, what are the criteria for obtaining a loan?

 

Yes, based on the information supplied in Part 4.1. No, based on the information supplied in Part 4.1 / insufficient information given*. The general eligibility conditions for the Defendant to obtain a loan are set out in:____________________________________________

__________________________________ * Delete where inapplicable.

____________________________________ Signature, name & designation of HDB officer

______________________ Date

Address & sale registration number of the flat: ____________________________________________________ PART 5 – TERMINATION OF AGREEMENT FOR LEASE (to be completed by HDB) (1)

Will the deposit be forfeited? If so, how much will be forfeited?

(2)

How much will be refunded to each party upon the termination of the agreement for lease?

(3)

Are there any other payments made by each party which will not be refunded?

_____________________________________ Signature, name & designation of HDB officer

 

Yes, the amount forfeited will be $_____________. No.

______________________ Date

Address & sale registration number of the flat: ____________________________________________________

PART 6 – OTHER INFORMATION (to be completed by HDB) Part 6(1): Purchase of another HDB flat directly from HDB (1)

Are parties eligible to buy another HDB flat directly from HDB in the event that the agreement for lease is terminated?

(2)

Where the agreement for lease is transferred to one party, is the outgoing party eligible to buy another HDB flat directly from HDB?

(Please state the eligibility conditions, if any.)

_____________________________________ Signature, name & designation of HDB officer

______________________ Date

Address & sale registration number of the flat: ____________________________________________________

PART 6 – OTHER INFORMATION (to be completed by HDB) Part 6(2): Purchase of another HDB flat in the open market (1) Are parties eligible to buy another HDB flat in the open market the event that the agreement for lease is terminated? (2) Where the agreement for lease is transferred to one party, is the outgoing party eligible to buy another HDB flat in the open market? (Please state the eligibility conditions, if any.)

_____________________________________ Signature, name & designation of HDB officer

______________________ Date

Address & sale registration number of the flat: ____________________________________________________

PART 6 – OTHER INFORMATION (to be completed by HDB) Part 6(3): Rental of HDB flat from HDB (1) Are parties eligible to rent an HDB flat from HDB in the event that the agreement for lease is terminated? (2) Where the agreement for lease is transferred to one party, is the outgoing party eligible to rent an HDB flat from HDB? (Please state the eligibility conditions, if any.)

_____________________________________ Signature, name & designation of HDB officer

______________________ Date

Address & sale registration number of the flat: ____________________________________________________

PART 7 – OTHER COMMENTS (to be completed by HDB)

______________________________________ Signature, name & designation of HDB Officer

__________________ Date

IMPORTANT NOTICE The information provided above is: (1) accurate as at the date stated above and is subject changes from time to time in accordance with prevailing HDB’s policies at the relevant point in time; and (2) based on the information provided by the parties.

FORM 197 Para 16

STANDARD QUERY TO THE CENTRAL PROVIDENT FUND BOARD (Applicable for CPF Members aged 55 years and above only) Name: Address :

(Please specify the name and address of the CPF member or his/her solicitors. The reply from the CPF Board will be sent to this address.) PART A (To be completed by CPF Member or his/her solicitors.) Name of CPF member: CPF Account No: Name of CPF member’s spouse: CPF Account No. of CPF member’s spouse:

Date of Birth of CPF member: Age of CPF member: The HDB matrimonial asset flat”)

(“the

[

]

[

] The CPF member has an agreement for lease

(state address) _______________________________

with the HDB and has not taken possession of the flat.

Name and address of CPF member’s solicitors ____________ Date

______________________________________ Name and Signature of CPF member/solicitors

PART B (To be completed by the CPF Board) CPF Account Number: Query 1

Answer:

Were CPF funds used for the purchase of the flat or for financing the purchase of the flat or for the payment of approved upgrading works carried out by HDB? If yes, what is the principal sum utilised and accrued interest on the principal sum utilised? No. Yes, as at (specify date): ______________

Principal sum utilised Accrued interest on the principal sum utilised Query 2 Answer:

Amount $ $

Did the CPF member pledge the flat to secure withdrawal of any monies from his/her CPF Retirement Account? If yes, what is the amount pledged? No. Yes, as at (specify date): ______________

Amount pledged

Amount (with interest) $

[Applicable for CPF members who turned age 55 years before 1July 1995] Amount pledged

Amount (without interest) $

[Applicable for CPF members who turned age 55 years on or after 1 July 1995] Query 3

Answer:

Upon transfer, sale or otherwise disposal of the flat, is there any sum that the CPF member must set aside or top-up to his/her Retirement Account in order to meet the required Minimum Sum (MS)? If yes, what is the amount required to be set aside or topped-up in the CPF member’s Retirement Account to meet the MS? No. Yes, as at (specify date): ______________ Amount required to be set aside/topped up in the CPF member’s Retirement Account

Amount $

Query 4

Has the CPF member set aside the current Medisave Minimum Sum (MMS)? If no, what is the amount required to be topped up in the CPF member’s Medisave Account to meet the MMS?

Answer:

Yes. No, as at (specify date): ______________

Amount required to be topped up in CPF member’s Medisave Account

Amount $



Notes: 1. Generally, when a CPF member transfers, sells or otherwise disposes of his/her flat bought using CPF savings, he/she is required to refund the principal sum utilised and the accrued interest on the principal sum utilised (P+I), as well as the amount for which the flat is pledged (beyond the P+I utilised). Please note that: (a) The refunds will first be used to top up the CPF member’s Retirement Account up to the MS he/she needs to meet. (b) Thereafter, the refunds will be used to top up his/her Medisave Account up to the latest MMS and any remaining balance will generally be paid to the CPF member. On the refund requirements upon sale of HDB flats, please refer to sections 15 and section 21B of the Central Provident Fund Act (Cap. 36), the Central Provident Fund (New Minimum Sum Scheme) Regulations (Rg. 31), Central Provident Fund (Revised Minimum Sum Scheme) Regulations (Rg. 2), Central Provident Fund (Minimum Sum Scheme) Regulations (Rg. 16) and the relevant regulations of the Central Provident Fund (Approved Housing Schemes) Regulations (Rg. 12). 2. Please obtain fresh statements from the CPF Board on the amount to be refunded into the CPF member’s CPF account when the date of sale/transfer/assignment/otherwise disposal of the flat has been finally determined. A CPF member may obtain his/her CPF statements by logging on at www.cpf.gov.sg using his/her SingPass. Please note the information is correct as at the date it is viewed. 3.

Please note that the MMMS increases yearly and thus the shortfall (if any) in the MMS may be a higher amount at the date of sale/transfer/assignment/otherwise disposal of the flat.

Other comments

_____________________________

Name and designation of CPF Board officer

_________________________

Date

___________________________

Signature of CPF Board officer

FORM 198 Para 17

FIRST STATUS CONFERENCE NOTICE TO PLAINTIFF

Date: To:

Plaintiff’s Solicitors

STATUS OF [case number] 1.

You are directed to set down the above case for hearing by [date] if pleadings are closed1 by then.

2.

If pleadings are not likely to be closed by [date], you must inform the Court of the status of the case within 7 days of this Registrar’s Notice. Please use the standard status form as prescribed in Form 199 of the Family Justice Courts Practice Directions.

Registrar cc

1

Defendant /Defendant’s counsel

i.e. when all the written statements regarding the parties' claims/defences have been filed.

FORM 199 Para 17

INFORMATION FROM PLAINTIFF TO FAMILY JUSTICE COURTS ON STATUS OF WRIT To:

Registrar Family Justice Courts INFORMATION ON STATUS OF WRIT

Case Number:

D No.

Date: The status of the case is as follows:  We are attempting personal service of the papers on will complete our service attempts by

(name). We (date).

 We will file our application for substituted service/dispensation of service by (date).  Our application for substituted service/dispensation of service has been fixed for hearing on (date).  We are negotiating a settlement.  We seek a mediation / counselling / joint conference* date. We have exchanged settlement proposals and the parties agree to attend mediation / counselling / joint conference *.  The parties are attempting reconciliation.  Others (please specify details):

Signature of solicitor Name of Solicitor for Plaintiff: Name of Law Firm: cc Defendant / Defendant’s solicitors * Delete where inapplicable

FORM 200 Para 17

SECOND STATUS CONFERENCE NOTICE TO PLAINTIFF (WHERE THERE IS NO REPLY FROM PLAINTIFF)

Date: To:

Plaintiff’s Solicitors

STATUS OF [CASE NUMBER] 1.

We refer to the Registrar’s Notice dated to set down the above case for hearing by [date].

2.

We note that the case has not been set down for hearing and you have also not replied to us in the form as directed by the Registrar’s Notice.

3.

You are directed to set down the said case for hearing by [date], failing which you are required to attend a Status Conference on [date, time, chamber].

Registrar cc Defendant / Defendant’s counsel

where you were directed

FORM 201 Para 18, 19

AFFIDAVIT OF EVIDENCE IN CHIEF (FOR PLAINTIFF PROCEEDING ON THE STATEMENT OF CLAIM IN UNCONTESTED MATRIMONIAL PROCEEDINGS)

(Title as in action) I, [state name, address and description of deponent], make oath/affirm* and say as follows: 1.

I am the Plaintiff in this action.

2.

Where the facts set out in this affidavit are within my personal knowledge, they are true. Where they are not within my personal knowledge, they are true to the best of my knowledge, information and belief.

3.

I crave leave of this Court to refer to the Statement of Claim and Statement of Particulars filed in this action.

4.

I now confirm that the facts pleaded in the Statement of Claim and Statement of Particulars are true and correct.

[Sworn (or affirmed) as in Form 132 in Appendix A of the Practice Directions.]

FORM 202 Para 18, 19

AFFIDAVIT OF EVIDENCE IN CHIEF (FOR DEFENDANT PROCEEDING ON THE COUNTERCLAIM IN UNCONTESTED MATRIMONIAL PROCEEDINGS)

(Title as in action) I, [state name, address and description of deponent], make oath/affirm* and say as follows: 1.

I am the Defendant in this action.

2.

Where the facts set out in this affidavit are within my personal knowledge, they are true. Where they are not within my personal knowledge, they are true to the best of my knowledge, information and belief.

3.

I crave leave of this Court to refer to the Counterclaim filed in this action.

4.

I now confirm that the facts pleaded in the Counterclaim are true and correct.

5.

Annexed hereto as “A” is a copy of the Marriage Certificate. (only applicable if proceeding on the Counterclaim solely)

[Sworn (or affirmed) as in Form 132 in Appendix A of the Practice Directions.]

FORM 203 Para 18

REQUEST FOR DISPENSATION OF PARTIES’ ATTENDANCE AT THE UNCONTESTED DIVORCE HEARING Date To:

Registrar Family Justice Courts, Singapore

DIVORCE SUIT NO. _____ OF _________ TITLE AS IN ACTION REQUEST FOR DISPENSATION OF PARTIES’ ATTENDANCE AT THE UNCONTESTED DIVORCE HEARING

1

a)

We act for the Plaintiff in the above proceedings. M/s ______ acts for the Defendant or Defendant acts in person*. We write to confirm that the above divorce will proceed on an uncontested basis as (please tick all the applicable paragraphs) (i) the Defendant has filed an Memorandum of Appearance indicating the Defendant is not contesting the divorce; or an Order for Dispensation of Service on the Defendant was granted (ii) on _________; or (iii) Acknowledgment of Service/Affidavit of Service* has been filed on ______ and Defendant did not enter appearance; or (iv) Defendant had failed to file the Defence within the timelines stated in the Family Justice Rules; or (v) both parties have agreed that the divorce will proceed on an uncontested basis on the Claim/and Counterclaim*. The Defence & Counterclaim/Reply and Defence to Counterclaim/Reply to Defence to Counterclaim* has/have been withdrawn on (insert date).

(to use the following paragraph if proceeding on the Counterclaim only) b) We act for the Defendant in the above proceedings. M/s ______acts for the Plaintiff or Plaintiff acts in person*. We write to confirm that the above divorce shall proceed on an uncontested basis as:(i) both parties have agreed that the divorce will proceed on an uncontested basis on the Counterclaim. The Statement of Particulars/Defence/Reply and Defence to Counterclaim/Reply to Defence to Counterclaim* has/have been withdrawn on (insert date).; or (ii) the Plaintiff has failed to file the Defence to Counterclaim within the timelines stated in the Family Justice Rules

2

We confirm as follows: (a) Grounds of Divorce: (i) adultery by Plaintiff and/or Defendant* (ii) unreasonable behaviour by Plaintiff and/or Defendant* 2 years’ desertion by Plaintiff/Defendant* (iii) (iv) 3 years’ separation with consent (v) 4 years’ separation. Ancillary Matters (b) (i) There are no ancillary matters to be adjourned to be heard in Chambers. (ii) All of the ancillary matters have been agreed and the Draft Consent Order has been filed on ________(date). Some of the ancillary matters have been agreed and the Draft Consent (iii) Order has been filed on ________(date) and Prayers (__) to (__) of the Statement of Claim/Counterclaim are to be adjourned to be heard in Chambers. We request for:o ___ weeks to file and exchange the Affidavit of Assets and Means and a Case Conference to be fixed; or o A mediation session as both parties have agreed to attend. (iv) The ancillary matters have not been agreed and Prayers (__) to (__) of the Statement of Claim/Counterclaim are to be adjourned to be heard in Chambers. We request for:o ___ weeks to file and exchange the Affidavit of Assets and Means and a Case Conference to be fixed; or o A mediation session as both parties have agreed to attend.

3

We confirm that parties will not be making any further applications (e.g. abridgment of time, cost, withdrawal or amendment of pleadings etc.).

4

Parties understand that the Court may not make the required orders as requested if any of the papers are not in order, in which case a further hearing (in open court or in chambers with counsels present) will be scheduled.

Signature Name of Solicitor for the Plaintiff/Defendant* Name of Law Firm cc Solicitor for the Defendant/Plaintiff or Defendant-in-person/Plaintiff-in-person* *Delete where inapplicable

FORM 204 Para 18, 19

REQUEST FOR UNCONTESTED DIVORCE HEARING IN OPEN COURT Date To:

Registrar Family Justice Courts, Singapore

DIVORCE SUIT NO. _____ OF _________ TITLE AS IN ACTION REQUEST FOR SETTING DOWN ACTION FOR TRIAL ON AN UNCONTESTED BASIS (FOR HEARING IN OPEN COURT)

1.

We refer to the above divorce which will be heard on an uncontested basis.

2.

Parties are proceeding with a nullity hearing in Open Court*/wish to apply for an exemption pursuant to Paragraph 18 of the Family Justice Courts Practice Directions. (a) The special grounds in support of our client’s application for exemption are as follows:(b)

The supporting documents (if any) are as follows and attached herein:-

(c)

Please approve the aforesaid application and fix the matter for Hearing in Open Court.

Signature Name of Solicitor for the Plaintiff/Defendant* Name of Law Firm cc Solicitor for the Defendant/Plaintiff or Defendant-in-person/Plaintiff-in-person* *Delete where inapplicable For official use: Signed: Date:

Approved/Not approved

FORM 205 Para 20, 90

INDEX TO AGREED BUNDLE OF DOCUMENTS

No. (To be numbered serially)

Description

Original/ Copy

Scope of agreement

Page

FORM 206 Para 21

AFFIDAVIT OF ASSETS AND MEANS (Title as in action)

A.

Party Swearing or Affirming this Affidavit: Name: Age: Address: Contact Number: I am the Plaintiff/Defendant* in the above matter. I [make oath and say/affirm that*] the contents of this Affidavit of Assets and Means are true and correct to the best of my knowledge, information and belief. All the information stated in this Affidavit of Assets and Means is accurate as at [to state date]. I have made full and frank disclosure of my assets and means in this Affidavit of Assets and Means, to the best of my knowledge, information and belief, and have no other assets and means aside from what has been disclosed in this Affidavit. Summary of Relevant Information on Ancillary Matters 1. Minor Child(ren) – Please list down the names and ages of all your minor child(ren) Name of Child(ren)

Age of Child(ren)

2. Income and Occupation –Please state your occupation and average monthly income Occupation Average monthly income 3. List of Assets – Please list all your assets and their value (in Singapore dollars). If you do not know the value, please provide an estimate of the value. Assets

Value (in Singapore dollars) Total:

4. List of Liabilities – Please list all your liabilities and the amount (in Singapore dollars). If you do not know the amount, please provide an estimate of the amount.

Liabilities

Amount (in Singapore dollars) Total:

B.

Financial Issues I.

Assets and Means

1.

I am/am not* an undischarged bankrupt. [If you are an undischarged bankrupt, state the date of the bankruptcy order, and the bankruptcy number.] Work Particulars

2.

My occupation is:

3.

I am an employee*. [State the following information in respect of each employer.]

4.

(a)

The name and address of my employer is:

(b)

My designation is:

(c)

My gross monthly income (including salary, allowances, commissions and bonuses) is:

(d)

My take-home monthly income (including salary, allowances, commissions and bonuses) is:

I am self-employed*. [State the following information in respect of each of your businesses.] (a)

The name and address of my business is:

(b)

It is a sole proprietorship/partnership*.

(c)

Nature of business:

(d)

My monthly income is:

(e)

The estimated value of my business is:

5.

I am unemployed*. (a)

Before becoming unemployed, I was an employee. (i)

(ii) (b)

6.

My last drawn gross monthly income (including salary, allowances, commissions, benefits and bonuses) on [to state date] was: The name and address of my previous employer is:

Before becoming unemployed, I was self-employed*. (i)

The name and address of my business was:

(ii)

It was a sole proprietorship/partnership*.

(iii)

Nature of business:

(iv)

Status of business [e.g. whether business terminated at Accounting and Corporate Regulatory Authority (ACRA), and if so, to state date of termination]:

(v)

My monthly income on [to state date] was:

Aside from my income from my employment/business*, I have the following/I do not have any additional* sources of income2: S/No.

Source of Income

Amount (S$)

Particulars of my immovable properties situated in Singapore or overseas. 7.

I own the following/do not own any* immovable properties: [State in relation to each property]

2

(a)

Address of property owned:

(b)

Whether title to the land is registered or unregistered, and if registered, the Certificate of Title (CT/SSCT/SCT*) number

This would include rental income from any immovable property owned by you.

(c)

Names of joint-owners (if any) and the manner in which the property is held, i.e. whether as joint tenants or tenants in common:

(d)

Names of mortgagee/chargee (if any), and amounts outstanding to each mortgagee/chargee

(e)

Value/Estimated value* of property as at [to state date]:

(f)

Amount of monthly mortgage payment and how payment is made (i.e. CPF or cash):

Particulars of motor vehicles in Singapore or overseas* 8.

I own a/do not own any* motor vehicle/more than one motor vehicle. The particulars of the motor vehicle(s) are as follows: [State in relation to each motor vehicle.]

9.

(a)

The registration number and make of the motor vehicle is:

(b)

The motor vehicle(s) is/are* on hire purchase.

(c)

The name of the hire purchase company is:

(d)

The estimated value of the motor vehicle as at [to state date] is:

(e)

The amount outstanding on the hire purchase agreement is:

The motor vehicle is no longer in my possession*. The reason is that: Particulars of my insurance policies in Singapore or overseas*

10.

I have the following/do not have any* insurance policies: [State in relation to each insurance policy.] (a) (b) (c) (d) (e) (f)

Name of insurer: Type of policy: Policy Number: Amount insured: The beneficiary or beneficiaries under the insurance policy is/are*: Surrender value (if any) as at [to state date]:

Particulars of my shares, unit trusts, etc. in Singapore or overseas*:

11.

I own/do not own* shares, warrants, bonds, stock options, and/or* unit trusts.

(a)

Shares (including shares purchased with Central Provident Fund monies), warrants, bonds, stock options, etc. The name(s) of the company/companies* in which I hold shares, warrants, bonds or stock options, and the amount of shares, warrants, bonds or stock options which I hold are as follows:

S/No.

(b)

Company Name No. of Shares, warrants, bonds, stock options, etc.

Estimated value as at: [to state date]

Unit Trusts The name of the unit trusts, the financial institution managing them and the number of units I hold are as follows: S/No.

Unit Trust

Financial Institution

No. of Units

Estimated value as at: [to state date]

Particulars of my bank accounts in Singapore or overseas* 12.

I have the following/do not have any* bank accounts (held solely and/or jointly) and/or* safe deposit boxes: S/No.



Bank Name Account Type and Account Number

i.e. Savings, Current, Fixed Deposit, Overdraft, Safe Deposit Box, etc.

Balance as Joint Account at [to state Holder’s Name (if any) date]

Particulars of my Central Provident Fund (“CPF”) monies 13.

I have the following/do not have any* amounts in my CPF account as at [to state date]: (a) (b) (c)

14.

Ordinary account: Medisave account: Special account:

The details of the amount utilised from my CPF account towards the purchase of immovable property are as follows: (a)

Address of immovable property:

(b)

Amount withdrawn as at [to state date]: (i) (ii)

Principal: Interest:

Other Assets 15.

I own the following/do not own any* other assets: [(a)

If you own any other assets, savings or investments not listed thus far (e.g. retirement/superannuation/gratuity benefits that you did or are likely to receive, antiques, collectibles, jewellery, paintings), please state the same and the estimated value.

(b)

If you are a member (whether in Singapore or overseas) of any golf, social or recreational clubs of value, please state the same and the estimated value.]

My Monthly Expenses 16.

I have the following personal expenses each month (for example): (a)

Food:

(b) (c) (d) (e) (f) 17.

Transport: Utilities (water, gas and electricity): Telephone/Internet/mobile phone/pager charges: Rent: Others (please specify):

My monthly expenses for the children who are dependent on me are as follows: [State in relation to each child.] (a) (b) (c) (d) (e) (f)

18.

Name of Child: Age of Child: Food: School Fees: Transport: Others (please specify):

I have the following persons who are financially dependent on me (excluding my children): [State in relation to each dependent.] (a) (b) (c) (d) (e) (f)

Name of dependent: Age: Relationship: Amount set aside each month for dependent: Reason for dependency: Names of other persons supporting my dependents:

Particulars of my Creditors (i.e. people whom I owe money to) 19.

My creditors3 are as follows/I do not have any creditors*: [State in relation to each creditor.] (a) (b)

20.

Name of creditor: Amount owed as at [to state date]:

Legal proceedings have been commenced against me by the following creditors: [State in relation to each creditor.] (a)

3

Name of creditor:

Your creditors include government bodies such as the Inland Revenue Authority of Singapore (IRAS), the Central Provident Fund Board (CPF), the Housing Development Board (HDB), etc.

(b) (c) II.

Suit No.: Status of action:

Contributions to the Matrimonial Assets Direct financial contributions

21.

I have made the following/I have not made any* direct financial contributions towards the acquisition or improvement of the matrimonial asset(s): [State in relation to each matrimonial asset.]

Indirect contributions 22.

I have made the following/I have not made any* indirect financial and nonfinancial contributions towards the family during the course of the marriage: [State the nature of the indirect financial and non-financial contributions made.]

III.

Proposal Regarding the Division of Matrimonial Assets and Maintenance Division of Housing Development Board Flat (if applicable) (only to be filled in if you have not filed a Proposed Property Plan, or if you would like to change your proposal from what you have originally set out in your Proposed Property Plan.)

23.

My proposal for the division of the matrimonial HDB flat is as follows: 

Option 1: The flat will be surrendered to the HDB.



Option 2: The Agreement for Lease with the HDB will be terminated.



Option 3: The flat will be sold in the open market.



Option 4: The other party’s share in the flat will be sold/transferred* to:



Myself



Myself and [state name and relationship with yourself]:



A third party [state name and relationship with yourself/the other party]:



Option 5: My share in the flat will be sold/transferred* to:

 The other party  The other party and [state name and relationship with the other party]:  A third party [state name and relationship with the other party/yourself]: 

Option 6: Others (please state brief details)

Particulars of my proposal are attached to this Affidavit of Means.

[To fill in Option 1, 2, 3, 4, 5 and/or 6 as set out in Form 13 of Appendix A of Practice Directions*, and to remove the relevant pages and attach the same to this Affidavit of Means.]

Division of the matrimonial assets 24.

My proposal on the division of the matrimonial assets is as follows/There are no matrimonial assets: [State proposal on the division of the matrimonial assets, giving reasons, if any.]

Proposal on Maintenance 25.

My proposal on maintenance is as follows: [State proposal on maintenance for wife/incapacitated husband and/or children, giving reasons, if any.]

IV.

Any Other Issues/Information

26.

[State any further issues and information.]

C.

Children’s Issues

27.

[State issues and information on custody, care and control of and access to the child/children.]

D.

Supporting Documents

28.

I am exhibiting the following documents in support of my affidavit4: [Circle the relevant items and state the relevant exhibit number for each item.]  Pay-slips for [state time frame] 

Contract of employment/Letter from employer confirming salary

4 Please note that the list of documents in this section is intended as a guide only. It is not intended to set a minimum standard, nor to be an exhaustive list, in relation to each party’s duty to disclose all relevant information and documents in this matter. The extent of disclosure which must be made in each case will depend on the facts of that case. Parties must exercise their own minds regarding the extent of disclosure to be made in the light of these facts, and in accordance with their duty of disclosure under Rules 63 and 69 of the Family Justice Rules*.

VI.



Notices of Assessment from the Inland Revenue Authority of Singapore (IRAS) dated [to state date]



ACRA search dated [to state date] (in respect of the business(es) I own)



Valuation report(s) for immovable property/properties (in respect of properties listed in paragraph 7 above)



Tenancy agreement(s)



Hire purchase agreement(s) (in respect of the vehicles listed in paragraph 8 above)



Insurance policies/letters from insurance companies showing the surrender values of the insurance policies (in respect of insurance policies listed in paragraph 10 above)



Central Depository (Pte) Ltd (CDP) statement(s) dated [to state date]



Central Provident Fund (CPF) Investment account statement(s) dated [to state date]



Bank statement(s) for [state time frame]



CPF statement(s) dated [to state date(s)] on contribution to purchase of immovable property



CPF statement(s) dated [to state date(s)] on balances in Special, Medisave and Ordinary Accounts



Renovation receipt(s)



Receipt(s) evidencing payment for furnishings



Receipts supporting expenses, e.g. utilities bills, telephone bills, conservancy charges, school fees, etc.



[In the case of a maintenance claim by an incapacitated husband] Medical report required under rule 87A of the Family Justice Rules.



Others (please specify)

Affidavit** Sworn/Affirmed* at Singapore on [to state date] by [to state name and NRIC Number] through the interpretation of*: [to state name] in [to state language] Before me, Signed: Commissioner for Oaths

*Delete where inapplicable ** The form of the jurat should follow the appropriate form in Form 132 of Appendix A of the Practice Directions

FORM 207 Para 24

APPLICATIONS IN FAMILY VIOLENCE OR MAINTENANCE PROCEEDINGS UNDER PART VII OR VIII OF THE WOMEN’S CHARTER (Title as in action) 1.

2.

I, __________________ (NRIC No. ______________________) of _____________________________ (address), the Complainant/Respondent*, hereby apply for the Court to make the follow orders :-

Orders Applied For (to state the nature of the application)

3.

Grounds of the Application (to state the grounds of the application)

Dated Affirmed/Sworn* by

)

______________________

)

(to state name and NRIC Number)

)

through the interpretation of*

)

day of

20 .

in [to state language] Before Me ___________________________ Commissioner for Oaths * Please delete accordingly.

FORM 208 Para 24

APPLICATION FOR DISCOVERY IN MAINTENANCE PROCEEDINGS UNDER PART VIII OF THE WOMEN’S CHARTER (Title as in action) 2.

I, __________________ (NRIC No. ______________________) of _____________________________ (address), the Complainant/Respondent*, hereby apply for the Court to order______________________ (NRIC No. ___________________) ( “the Other Party”) to provide 3 sets of the following documents :(Describe the documents requested) S/No.

Title or

from Reasons

Period

the Reasons why you think

the document is required

description of which Document

why

document

document

is

required

(e.g.

documents

from

2009 to 2011)

Dated Affirmed/Sworn* by

)

______________________

)

(to state name and NRIC Number)

)

through the interpretation of*

)

day of

20 .

in [to state language] Before Me ___________________________ Commissioner for Oaths * Please delete accordingly.

the other party has the

FORM 209 Para 25

[For applications under section 65 of the Women’s Charter] IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Summons No . SS ____ of 20__ Between ___________________ Complainant And ____________________ Respondent COMPLAINANT’S AFFIDAVIT I, Name and NRIC of Address am the complainant in this matter. 2 On date, I lodged a Magistrate Complaint against the Respondent for family violence for the purpose of obtaining a Personal Protection Order and Domestic Exclusion Order* against the Respondent in favour of: a) myself b) my child or children of the marriage, namely a. Name of child, born on Date of Birth b. Name of child, born on Date of Birth c) others:Indicate relationship 3a*

The Respondent was married to me at Place of Marriage on date*.

3b* The Respondent is related to me. [Please explain relationship between the respondent and the “others” seeking protection (if any)]* 4

The respondent and I are currently living/not living* together.

Incidents relied upon in support of application 5 (Please set out the date/time and the sequence of events of the latest incident you are relying on in support of your application)

6 (Please set out the past history of family violence and narrate them according to the date/time the incident occurred, as well as the sequence of events)3 7 I ask that a Personal Protection Order and a Domestic Exclusion Order* be issued against the Respondent.

__________________________ Signature

__________________________ Date (DD/MM/YYYY)

[For applications under section 69 of the Women’s Charter]

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Maintenance Summons No MSS_____ of 20__ Between ___________________ Complainant And ____________________ Respondent

COMPLAINANT’S STATEMENT (1) I, Name and NRIC of Address am the complainant in this matter. 2a* I am married to the respondent at place of marriage (e.g. Singapore Registry of Marriages, Singapore Registry of Muslim Marriages) and am applying for maintenance for myself. 2b* I am married to the respondent at place of marriage (e.g. Singapore Registry of Marriages, Singapore Registry of Muslim Marriages) and am applying for maintenance for myself and the child/children* namely: (a)Name of child, born on Date of Birth (b) Name of child, born on Date of Birth *

Delete as applicable.

2c* I am married to the respondent at place of marriage (e.g. Singapore Registry of Marriages, Singapore Registry of Muslim Marriages) and am applying for maintenance for the child/children* namely: (a)Name of child, born on Date of Birth (b) Name of child, born on Date of Birth 3 There is currently no divorce proceedings/divorce proceedings pending in state Divorce Case Number / Syariah Court Divorce Number*. 3(a) (Where there are divorce proceedings pending and for Civil marriage) The writ was filed on date. Interim judgement has/has not* been granted. The next PTC/ hearing date* for the divorce is on date. (b) (Where there are divorce proceedings pending for Muslim marriages) The application for divorce was filed on date.

4

The respondent has neglected/refused* to provide reasonable maintenance since date.

4(a)* (If applicable) Currently, the respondent is paying for: Utilities bills Mortgage loan Children’s pocket money Others (please indicate)

: : : :

$ $ $ $

Complainant’s Background 5 I am currently working as a Occupation of Complainant at Employer’s name and address. My Gross Income is $state amount whilst my net income or take home pay is $state amount. 6

I have attached to this Statement as Exhibit C1, the following documents: a) Salary Slip (latest 6 months) or statement detailing income b) Income Tax Returns (past 3 years) c) CPF statements (past 3 years) d) Bank /financial statements (past 6 months) e) Any other documents relevant to determine your income and financial resources such as Letter of Employment/Termination/ Retrenchment/Resignation/Proof of Efforts to seek employment or and others.

7 My other sources of income come from state other source and amount/I do not have any other sources of income*. 8

My monthly expenses are

* as follows (Set out Particulars of monthly expenses if you are not attaching the List of Expenses, together with supporting receipts such as bills/receipts (utilities, town council, credit cards, etc.) / tenancy agreement) * as shown in the List of Expenses Form at Exhibit C2 ,together with supporting receipts such as bills/receipts (utilities, town council, credit cards, etc.) / tenancy agreement 9

*The children’s monthly expenses are

*as follows (Set out Particulars of monthly expenses if you are not attaching the List of Expenses, together with supporting receipts) * as shown in the List of Expenses Form at Exhibit C3, together with supporting receipts. 10

I would like the Court to take into account the following:

(To state here any special needs or circumstances such as health, disability etc., if applicable). The documentary evidence is at Exhibit C4. Other information 11

(Please set out what other relevant information you wish to inform the Court.)

12

I am claiming maintenance from the respondent as follows: a) For myself; the amount of $state maintenance amount with effect from date of default; b) For my child/children: the amount of $state maintenance amount (State Amount) with effect from date of default; c) Payment to be made to my designated Bank account: state Bank and Account Number

__________________________ Signature

_________________________ Date (DD/MM/YYYY)

[For an application by an incapacitated husband under section 69(1A) of the Women’s Charter] IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Maintenance Summons No MSS_____ of 20__ Between ___________________ Complainant And ____________________ Respondent COMPLAINANT’S STATEMENT I, Name and NRIC of Address am the complainant in this matter. 2 I am married to the respondent at place of marriage (e.g. Singapore Registry of Marriages,) and am applying for maintenance for myself. 3 There is currently no divorce proceedings/divorce proceedings pending [state Divorce Case Number] *. 3(a) (Where there are divorce proceedings pending) The writ was filed on date. Interim judgement has/has not* been granted. The next PTC/ hearing date* for the divorce is on date. 4 On or about , I was or became incapacitated from earning a livelihood by a disability/illness* and since , I have been and continue to be unable to maintain myself. The respondent has neglected/refused* to provide reasonable maintenance for me since date. 4(a)* (If applicable) Currently, the respondent is paying for: Utilities bills

: $

Mortgage loan

: $

Children’s pocket money

: $

Others (please indicate)

: $

Complainant’s Background

5 My last job/employment was as Occupation of Complainant at Employer’s name and address. My Gross Income was $state amount whilst my net income or take home pay was $state amount. 6

I have attached to this Statement as Exhibit C1, the following documents: a) Medical report required under rule 87A of the Family Justice Rules. b) Salary slips (latest 6 months) or statements detailing income including supporting documentary evidence of my last job/employment and the income and take home pay as set out in paragraph 5. c) Income Tax Returns (past 3 years) d) CPF statements (past 3 years) e) Bank /financial statements (past 6 months)

f) Any other documents relevant to determine your income and financial resources such as Letter of Employment/Termination/ Retrenchment/Resignation/Proof of Efforts to seek employment or and others. 7 My other sources of income come from state other source and amount/I do not have any other sources of income*. 8

My monthly expenses are

* as follows (Set out Particulars of monthly expenses if you are not attaching the List of Expenses, together with supporting receipts such as bills/receipts (utilities, town council, credit cards, etc.) / tenancy agreement) * as shown in the List of Expenses Form at Exhibit C2 ,together with supporting receipts such as bills/receipts (utilities, town council, credit cards, etc.) / tenancy agreement 9

I would like the Court to take into account the following:

(To state here any other special needs or circumstances, if applicable). The documentary evidence is at Exhibit C4. Other information 10

(Please set out what other relevant information you wish to inform the Court.)

11

I am claiming maintenance from the respondent as follows: d) For myself; the amount of $state maintenance amount with effect from date of default; e) Payment to be made to my designated Bank account: state Bank and Account Number

__________________________ Signature

_________________________ Date (DD/MM/YYYY)

[For applications under section 71 of the Women’s Charter]

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Maintenance Summons No MSS_____ of 20__

Between ___________________ Complainant And

____________________ Respondent

COMPLAINANT’S STATEMENT I, Name and NRIC of Address am the complainant in this matter. 2. Under a Court Order state Maintenance Order Number / Variation Order Number etc dated date, the Respondent was ordered to pay a) state maintenance amount towards maintenance for myself with effect from date b) state maintenance amount towards maintenance for my child/children with effect from date. The child/children is/are*: i) Name of child, born on Date of Birth ii) Name of child, born on Date of Birth c) (if applicable) Other Orders: A copy of the Order of Court is attached as C1 to this statement. 3 The Respondent is in arrears of state arrears amount as at date. I attach as Exhibit C2, the Computation of Arrears. Supporting Evidence of Non-payment 4a The respondent was ordered to pay the maintenance into a designated account state Bank and Account Number. I attach as C3 documents to prove that payment has not been made. (Complainant to attach a copy of the relevant entries in the Bank Book to show payments received to date or non-payment.)* 4b

I attach documents as evidence of non–payment* (If payment is to be made direct)

5. I now seek enforcement of the above order.

__________________________ Signature

__________________________ Date (DD/MM/YYYY)

* Delete as applicable

FORM 210 Para 30

COVER LETTER FOR SUBMISSION OF ORIGINAL BIRTH CERTIFICATE IN ADOPTION PROCEEDINGS To:

OFFICER-IN-CHARGE ADOPTION SECTION

ADOPTION ORIGINATING SUMMONS NO. ________ OF __________ Please find enclosed the original birth certificate of the infant in the above matter. 2

The matter has been fixed for hearing as follows: Date: _________________ Time: _________________

Signature Name of Solicitor for the Petitioner Name of Law Firm

FORM 211 Para 33 APPLICATION FOR RECORDS OF COURT PROCEEDINGS Name of Applicant / Solicitor’s Firm : ……………………………………………………………………………………… NRIC No.

: ………………………………………………………………………………………

Address

: ……………………………………………………………………………………… : ………………………………………………………………………………………

File Reference No:

…………………………………………………….

Email:

…………………………………………………….

Telephone No:

…………………………………………………….

Facsimile No: ………………………………………………….

Date of Application Solicitor Acting For :( where applicable) Complainant Respondent Others: ………………………………… (please specify)

FAMILY JUSTICE COURTS DOCUMENTS APPLIED FOR Case No. ………………………………………………………………….. Name of Parties cited in case Complainant: …………………………………………………………….. Respondent: …………………………………………………………….. Court No . ………………………………………………………………….. Hearing/Mention Date: ………………………………………………….. Name of JO ……………………………………………………………….. Other Information: ……………………….……………………………….. (if any) Type of Document ( where applicable) 

Complaint Form



Notes of Evidence: ……………………………………………………… (please specify hearing dates) Court Order No: ………………………………………………………… (please specify)

 

Others



Certified True Copy or Plain Copy



To seek legal advice/ representation



Others :



………………………………………………………… (please specify)

Reasons For Application ( where applicable) 

Misplaced Original Copy of the Order/Charge/Others ………………………………………………………………………………………….



For reference …………………………………………………………………………………………. (please specify)

(1)

I understand that I am to pay the required fees for the above in accordance with the relevant rules or regulations, as applicable, upon submission of the application form. I also understand that the document(s) applied for can only be collected after the stipulated payment has been made.

(2)

I also understand that the Court, upon approval of the application, will only release the document(s) applied for to parties named in the action or their solicitors.

(3)

I also understand that my application will be deemed as lapsed if the document(s) applied for is/are not collected within 21 days from the date I am informed on the availability thereof. I also understand that I am required to provide a Letter of Authorisation for another person to collect the requested document(s) on my behalf if I am unable to collect them personally.

_______________________________ Signature of Applicant

The application is: ( where applicable)

_________________________ Date



FOR OFFICIAL USE ONLY Approved 

Not approved Reasons for rejection (where applicable):

________________________________________________________________ Name and Signature of Judicial Officer / Authorised Officer No. of documents collected: -

Total Fees payable : _________________________________________________

-

Paid on: ____________________ Receipt No: _____________________________

Page 1 of 2

Document(s) collected by: Name & Signature of Collector NRIC/Passport/ FIN No: Date:

No. of Pages:

Collection Time: Mondays to Fridays – 9.00 am to 1:00pm & 2.00pm to 5.00pm 1.

All requests for copies of the records of any court proceedings are subject to the approval of the court.

2.

Once the request has been approved and the applicant has been informed on the availability of the requested document(s) and the cost (where applicable), the said documents will be available for collection for a period of 21 days. Any document(s) not collected within the stipulated period will be destroyed and a fresh request must be submitted thereafter if the applicant still requires the document(s).

3.

An application for copies of the records of any criminal proceedings will only be processed after the stipulated payment has been made.

Prescribed Fees 4.

The fees payable are as follows: Document Type Complaint Form Notes of Evidence & other documents for MSS and SS Proceedings in non-appeal cases For judgment orders (plain copies) for MSS and SS Proceedings in non-appeal cases Notes of Evidence & other documents for CPO and BPC Proceedings in Youth Courts in non-appeal cases Notes of Evidence & other documents (certified true copies) for MSS and SS Proceedings in non-appeal cases For judgment orders (certified true copies) for MSS and SS Proceedings in non-appeal cases

Fee Amount $5 for each type of document requested in the application and $0.50 per page thereof, subject to a minimum of $15 per document. $5 for each type of document requested in the application and $0.50 per page thereof, subject to a minimum of $15 per document.

Remarks Payable upon Application Minimum of $15 (per document) payable upon Application *Any additional amount (based on number of pages) may be payable before collection of the document(s).

$5 plus $0.15 per page. $5 plus $0.50 per page thereof, subject to a minimum of $15 per document. $8 plus $5 per page $8 plus $5 per page

Refund of Fees Paid 5.

The applicant must furnish the photocopies of the applicant’s NRIC or Passport.

Payment Modes 6.

Local Applicants:

Cash, NETS or Ez-Link

7.

Overseas Applicants:

Bank Draft in Singapore Currency (payable to “Registrar Supreme Court/AG”) Payment should also include all bank charges.

Contact Us For enquiries pertaining to family & youth matters, please email to us at [email protected] or contact us at (65) 6435 5471.

Page 2 of 2

FORM 212 Para 42

NOTING OF APPEARANCE OF ADVOCATES/PROSECUTORS

FAMILY JUSTICE COURTS – COURT NO: ___

Case No: MSS/SS/ JAC Solicitor's Name/ Prosecutor's Name Solicitor's Firm/ Prosecutor's Dept Telephone No: Fax No: Name of Accused/Party he represents:

1. 2. 3.

FORM 213 Para 44

ORIGINATING SUMMONS FOR PROCEEDINGS UNDER SECTION 8 OF THE INTERNATIONAL CHILD ABDUCTION ACT IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20

) ) In the Matter of Section 8 of the International Child Abduction Act (Cap. 143C) And In the Matter of [name of child] (ID No.: ) Between (ID No.:

)

… Plaintiff/Applicant*

)

… Defendant*

And (ID No.:

ORIGINATING SUMMONS

To :

The Defendant(s) [Name] of [Address] *

Let all parties concerned attend before the Judge on application by the plaintiff/applicant* that:-

(date/time), on the hearing of an

1.

That [name of child] be returned to the child’s place of habitual residence which is [country];

2.

That the defendant/[name of person]* do hand over the child to the plaintiff/applicant* or his or her appointed representative, [name of representative], or [person ordered by the court] within ___ days from the date of this order;

3.

That the defendant/[name of person]* do hand over the child and the child’s passport and all relevant travelling documents to the plaintiff/applicant* or his or her appointed representative, [name of representative], or [person ordered by the court] within ____ days from the date of this order;

4.

Any such further or other order as this Honourable Court deems fit;

5.

Costs. Dated this

day of

20 Registrar

Memorandum to be subscribed on the summons 1. This summons is taken out by of solicitor for the said plaintiff/applicant* whose address is (or where the plaintiff/applicant* sues in person) This summons is taken out by the said plaintiff/applicant* who resides at and is (stated occupation) and (if the plaintiff/applicant* does not reside within the jurisdiction) whose address for service is 2. If you intend to contest the application or any part of it, you are required to file an affidavit stating the grounds of your objection within 14 days of service after the date on which you were served with this summons. 3. If you do not attend personally or by your counsel or solicitor at the time and place stated in this summons, such order may be made as the Court may think just and expedient. 4. This summons may not be served more than 6 months after the above date unless renewed by order of the Court. 5. Where the plaintiff/applicant* intends to adduce evidence in support of an originating summons he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant together with the service of the originating summons.

*Delete where inapplicable.

FORM 214 Para 44

ORIGINATING SUMMONS FOR PROCEEDINGS UNDER SECTION 14 OF THE INTERNATIONAL CHILD ABDUCTION ACT IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20

) ) In the Matter of Section 14 of the International Child Abduction Act (Cap. 143C) And In the Matter of [name of child] (ID No.:

)

Between (ID No.:

)

… Plaintiff/Applicant*

)

… Defendant*

And (ID No.:

ORIGINATING SUMMONS

To :

The Defendant(s) [Name] of [Address]*

Let all parties concerned attend before the Judge on application by the plaintiff/applicant* for:-

(date/time), on the hearing of an

1. A declaration that the removal of [name of child] from Singapore or the retention of [name of child] outside Singapore was wrongful within the meaning of the Convention on the Civil Aspects of International Child Abduction (“the Convention”); 2. Any such further or other order as this Honourable Court deems fit; and 3. Costs

Dated this

day of

20

Registrar

Memorandum to be subscribed on the summons 1. This summons is taken out by of solicitor for the said plaintiff/applicant* whose address is (or where the plaintiff/applicant* sues in person) This summons is taken out by the said plaintiff/applicant* who resides at and is (stated occupation) and (if the plaintiff/applicant* does not reside within the jurisdiction) whose address for service is 2. If you intend to contest the application or any part of it, you are required to file an affidavit stating the grounds of your objection within 14 days of service after the date on which you were served with this summons. 3. If you do not attend personally or by your counsel or solicitor at the time and place stated in this summons, such order may be made as the Court may think just and expedient. 4. This summons may not be served more than 6 months after the above date unless renewed by order of the Court. 5. Where the plaintiff/applicant* intends to adduce evidence in support of an originating summons he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant together with the service of the originating summons

*Delete where inapplicable.

FORM 215 Para 44

PLAINTIFF/APPLICANT’S AFFIDAVIT FOR PROCEEDINGS UNDER SECTION 8 OF THE INTERNATIONAL CHILD ABDUCTION ACT

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20 (Seal)

) ) ) In the Matter of Section 8 of the International Child Abduction Act (Cap. 143C) And In the Matter of [name of child] (ID No.: ) Between (ID No.:

)

… Plaintiff/Applicant*

)

… Defendant*

And (ID No.:

AFFIDAVIT

I, [Name of deponent], of [address of deponent], do make oath (or affirm)* and say as follows: 1.

I am the Plaintiff/Applicant* and I make this affidavit in support of my application.

Details concerning the child 2.

The child, [full name], was born on [date].

3.

The habitual residence of the child immediately prior to the removal or retention of the child was , a convention country.

4.

The child has been wrongfully removed or retained from the country referred to in Paragraph 3.

5.

The child is now residing with [full name], [relationship, if any, to child], at [address].

Details of parties 6.

[Please state the details of parties and the relationship between the parties and the child.]

Details concerning child’s custodian 7.

The plaintiff/applicant* has rights of custody in respect of the child by reason of the following factual and legal circumstances : [Include details of any custody order.]

8.

The child was removed or retained on [date] in the following circumstances: [Include details of removal or retention.]

9.

The following are particulars of pending court proceedings concerning the child : [Set out brief particulars of any court proceedings (including proceedings outside Singapore and concluded proceedings, whether in or outside Singapore) relating to the child and of any orders made in any such proceedings (including interim orders) and the court in which the proceedings are conducted.] Or There are no pending court proceedings concerning the child.

Attachments 10.

I attach herewith a copy of the request for the return of the child filed with the Central Authority of Singapore marked “ “.

11.

I also attach herewith the following documents in support of my application:[Identify, attach and mark relevant documents: (a) certified copy of relevant order or judgment concerning rights of custody, care and control; (b) certified copy of any relevant agreement relating to the custody of the child; (c) certificate or affidavit as to the applicable law; (d) any other documents relating to the child.]

If the child has been removed or retained for more than 12 months 12.

The child was removed or retained more than 12 months ago. The reason for the delay in this application is as follows: [State reasons.]

13.

I hereby undertake to serve a copy of my application and all orders made pursuant to my application on the Central Authority.

14.

I am praying for order in terms of the prayers sought in my application.

SWORN (or AFFIRMED)* by the

)

Plaintiff/Applicant* at

)

on the

)

day of

20

)

Through the interpretation of (name and ) designation of person who interpreted) in (language of interpretation)*

) )

Before me,

A Commissioner for Oaths *Delete where inapplicable

FORM 216 Para 44

PLAINTIFF/APPLICANT’S AFFIDAVIT FOR PROCEEDINGS UNDER SECTION 14 OF THE INTERNATIONAL CHILD ABDUCTION ACT

PLAINTIFF/APPLICANT’S AFFIDAVIT FOR PROCEEDINGS UNDER SECTION 14 OF THE INTERNATIONAL CHILD ABDUCTION ACT

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20 (Seal)

) ) ) In the Matter of Section 14 of the International Child Abduction Act (Cap. 143C) And In the Matter of [name of child] (ID No.:

)

Between (ID No.:

)

… Plaintiff/Applicant*

)

… Defendant*

And (ID No.:

AFFIDAVIT

I, [Name of deponent], of [address of deponent], do make oath (or affirm)* and say as follows: 1. I am the Plaintiff/Applicant* and I make this affidavit in support of my application.

Details concerning the child 2. The child, (full name), was born on [date]. 3. The habitual residence of the child immediately prior to the removal or retention of the child was , a convention country.

4. The child has been wrongfully removed or retained from the country referred to in Paragraph 3. 5. The child is now residing with [full name], [relationship, if any, to child], at [address]. Details of parties 6. [Please state the details of the parties and the relationship between the parties and the child.] Details concerning child’s custodian 7. The plaintiff has rights of custody in respect of the child by reason of the following factual and legal circumstances : [Include details of any custody order.] 8. The child was removed or retained on [date] in the following circumstances : [Include details of removal or retention.] 9. The following are particulars of pending court proceedings concerning the child: [Set out brief particulars of any court proceedings (including proceedings outside Singapore and concluded proceedings, whether in or outside Singapore) relating to the child and of any orders made in any such proceedings (including interim orders) and the court in which the proceedings are conducted.] Or There are no pending court proceedings concerning the child. Attachments 10. I attach herewith a copy of the request made by the requesting judicial or administrative authorities referred to in Articles 15 of the Convention marked “ “. 11. I also attach herewith the following documents in support of my application:[Identify, attach and mark relevant documents: (a) certified copy of relevant order or judgment concerning rights of custody care and control; (b) certified copy of any relevant agreement relating to the custody of the child; (c) any other documents relating to the child.] 12. I undertake to serve a copy of my application and all orders made pursuant to my application on the Central Authority. 13. I am praying in my application.

for

order

in

terms

of

the

prayers

sought

SWORN (or AFFIRMED) by the

)

Plaintiff/Applicant* at

)

on the

)

day of

20

)

Through the interpretation of (name and ) designation of person who interpreted) in (language of interpretation)*

) )

Before me,

A Commissioner for Oaths

*Delete where inapplicable

FORM 217 Para 54

ORIGINATING SUMMONS FOR MENTAL CAPACITY PROCEEDINGS IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSM No. of 20 (Seal)

) ) ) In the Matter of Section [section no] of the Mental Capacity Act (Cap 177A) And In the Matter of [name of person alleged to lack capacity](ID No.: ), a person alleged to lack capacity (“P”) Between (Name and ID No.:

)

… Plaintiff+

)

... Defendant#

And (Name and ID No.:

To THE DEFENDANT(S) [name] of [address]# ORIGINATING SUMMONS The plaintiff/applicant* prays for the following orders:[Please select the relevant prayer(s) or add prayers as required.]

1.

Permission The plaintiff/applicant* be permitted to make an application under section [state the section of the MCA] of the Mental Capacity Act (Cap. 177A)(“MCA”) to the Court.

2.

Dispensation (i)

The notification of [Name of P] (“P”) of this originating summons and of the date of the hearing for its final disposal is dispensed with.

[Note: There is a general requirement to notify P. As such, if the applicant or plaintiff seeks dispensation of notification, an explanation as to why dispensation is sought has to be included in the supporting affidavit.] (ii)

The attendance of P at all hearings for this originating summons be dispensed with.

(iii) The attendance of Dr [state name of doctor] (ID No. [state number]) of (state address) at the hearing for this originating summons is dispensed with. (iv) The service of this application on [state names and ID Numbers] be dispensed with.

3.

4.

That the Court be satisfied that: (i)

[Name of P] (“P”) is unable to make various decisions for himself/herself* in relation to a matter or matters concerning P’s personal welfare/property and affairs/personal welfare and property and affairs because of an impairment of, or a disturbance in the functioning of, P’s mind or brain;

(ii)

The purpose for which the order is needed cannot be as effectively achieved in a way that is less restrictive of P’s rights and freedom of action.

That the Court orders as follows:(1)

Appointment of Deputy/Deputies* (a) [State name] (ID No. [state number]) of [state address] is/are* appointed as deputy/deputies* to make decisions on behalf of P that P is unable to make for himself/herself* in relation to his/her* personal welfare/property and affairs/personal welfare and property and affairs* subject to any conditions or restrictions set out in this order. (b) The appointment will last until further order. (c) [The deputies shall act jointly/jointly and severally* in all matters]* [Note: To also include whether or not the deputies act jointly/jointly and severally at the appropriate paragraphs on the deputies’ authority and powers in this Originating Summons.] (d) The deputy/deputies* must apply the principles set out in section 3 of the MCA and have regard to the guidance in the Code of Practice to the MCA. (e) The deputy/deputies* does/do* not have authority to make a decision on behalf of P in relation to a matter if the deputy/deputies* know(s) or has/have* reasonable grounds for believing that P has capacity in relation to the matter. (f) In the event the deputy or any of the deputies (where two or more deputies are appointed) dies, becomes a bankrupt (for a property and affairs deputy) or lacks mental capacity to act as deputy, the following are appointed to succeed that deputy in the stated order: (i)

[State name] (ID No. [state number]) of [state address].

(ii) [State name] (ID No. [state number]) of [state address] etc. (g) Upon the happening of such an event in paragraph (f), the surviving deputy or remaining deputy together with the successor deputy are to inform the Office of the Public Guardian and to apply to Court providing evidence of the event for the Court to confirm the appointment of the successor deputy. [Note: The prayer for successor deputy or deputies should only be included if there is a need for a successor deputy or deputies to be appointed, for example, if the proposed deputy is likely to predecease P.] (2)

Authority of Deputy/Deputies* in respect of P’s personal welfare: (a)

(3)

The Court grants authority to the deputy/deputies* to make the following decisions on behalf of P, that P is unable to make for himself/herself* when the decision needs to be made: (i)

where P should live;

(ii)

with whom P should live;

(iii)

consenting to medical or dental examination and treatment on P’s behalf;

(iv)

making arrangements for the provision of care services; and

(v)

complaints about P’s care or treatment.

(vi)

[to state any other matters for which power is sought for deputy/deputies* to make decision]

(b)

For the purpose of giving effect to any decision, the deputy/deputies* may execute or sign any necessary deeds or documents.

(c)

The deputy/deputies* does/do* not have the authority to make the following decisions or to do the following things in relation to P: (i)

to prohibit any person from having contact with P;

(ii)

to direct a person responsible for P’s health care to allow a different person to take over that responsibility;

(iii)

to consent to specific treatment if P has made a valid and applicable advance decision to refuse that specific treatment; and

(iv)

to do an act that is intended to restrain P otherwise then in accordance with the conditions specified in the MCA.

Authority of Deputy/Deputies* in respect of the property and affairs of P (a) The court grants general authority to the deputy/deputies* to take possession or control of the property and affairs of P and to exercise the same powers of management (and investment*) as P has as beneficial owner, subject to the terms and conditions set out in this order. (b) The deputy/deputies* is/are* authorised to do the following: [Note: To include here the relevant powers sought]

(4)

Authority of Deputy/Deputies* in respect of CPF monies and accounts of P [where applicable] [Note: Please refer to the sample CPF orders on the website of the Family Justice Courts]

(5)

Costs and Expenses (a) The deputy/deputies* is/are* authorised to make payment of reasonable legal costs and disbursements of and incidental to these proceedings from P’s estate.

(6)

Reports (a) The deputy/deputies* is/are* (jointly) required to keep a record of any decisions made or acts done for the personal welfare of P pursuant to this order and the reasons for making or doing them. [For example, a decision that P will not undergo a medical procedure is to be recorded and the reason to be provided.] (b) The deputy/deputies* is/are* (jointly) required to keep statements, vouchers, receipts and other financial records in the administration of P’s property and affairs. The deputy/deputies* is/are* also (jointly) required to keep a record of decisions made or acts done relating to P’s property and affairs. [For example, a decision not to expend monies for a medical procedure for P which is medically indicated is to be recorded and the reason to be provided.] (c) The deputy/deputies* must (jointly) complete and file an annual report relating to P’s personal welfare and property and affairs to the Public Guardian and further reports at any time as may be required by the Public Guardian, which reports must contain such information and be in such form as may be required by the Public Guardian.

(7)

There be liberty to apply.

Memorandum to be subscribed on the summons#

1.

If you intend to contest the application or any part of it, you are required to file an affidavit stating the grounds of your objection within 21 days of service after the date on which you were served with this summons.

2.

If you do not attend personally or by your counsel or solicitor at the time and place stated in this summons, such order may be made as the Court may think just and expedient.

3.

This summons is filed by [name of firm], the solicitor for the said plaintiff whose address is [address]. (or where the plaintiff sues in person) This summons is filed by the said plaintiff who resides at [address] and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service is [address].

4.

This summons may not be served more than 6 months after the above date unless renewed by order of the Court.

5.

Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant not later than 7 days after the service of the originating summons.

+

To use “Applicant” if this is an ex parte application.

#

To delete if this is an ex parte application.

*Delete where inapplicable.

FORM 218 Para 54

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSM No.

)

of 20

)

In the Matter of Section 20 of the Mental Capacity Act (Cap 177A) And In the Matter of __________________________ [name of person alleged to lack capacity] (NRIC/FIN/Passport No.: __________), a person alleged to lack capacity (“P”)

_______________________________________ [name of applicant] (NRIC/FIN/Passport No.: __________) Applicant

AFFIDAVIT

I, ______________________________________________________ [name of Applicant], of ________________________________________________________ [address of Applicant], do make oath / affirm* and say as follows: 1.

I am the Applicant and I make this affidavit in support of my application.

2.

The facts contained in this affidavit are within my personal knowledge or are based on documents in my possession.

3.

I confirm that the information set out in this affidavit is true and correct.

4.

APPLICANT’S PARTICULARS

(a)

Full name:

(b)

NRIC/FIN/Passport no.:

(c)

Date of birth (DD/MM/YYYY):

(d)

Age:

(e)

Gender:

(f)

Telephone number:

(g)

Occupation:

(h)

Name and address of employer:

(i)

Monthly income:

(j)

Relationship to P (i.e. the person alleged to lack capacity):  Spouse  Child  Parent  Sibling

 Male

 Female

 Friend  Others – please specify: _________________________________

5.

INFORMATION ABOUT APPLICANT

(a)

Please indicate which options are applicable to you  I am not an undischarged bankrupt  I am not facing any bankruptcy actions  I have not been convicted of a criminal offence  I am not facing any criminal prosecution  I have not been sued as a defendant in civil proceedings  I am not facing any claims in any civil suit  I have not been appointed as a Donee or Deputy for someone else

(b)

Please indicate which option is applicable to you  I declare that I do not have any outstanding loans or debts at all  I declare that I do not have any outstanding loans or debts except for the following loans / debts, and I further declare that I am able to pay my loans and debts as and when they become due and payable. Information about loan / debt (e.g. creditor, reason for loan/debt etc.)

6.

INFORMATION ABOUT P

Amount owed

(a)

P’s Full name:

(b)

P’s NRIC/FIN/Passport no.:

(c)

P’s Date of birth (DD/MM/YYYY):

(d)

P’s Age:

(e)

P’s Gender:

(f)

P’s Marital status:

 Male

 Female

 Single  Married  Divorced  Separated  Widowed  Unknown

(g)

Address at which P is currently residing:

(h)

Is P living in a nursing home?

 Yes

 No

If “Yes”, please state which nursing home:

(i)

Do you confirm that, to the best of your knowledge and belief, P’s incapacity is as set out in the doctor’s affidavit(s) and medical report(s) filed in support of your application?  Yes

 No

(j) P’s care arrangements: (Please provide information about how P is being cared for)

(k)

P’s monthly expenses:

(l)

P’s monthly income and sources of such income:

(m)

P’s assets and up to date value (to the best of your knowledge) of these assets: Assets (e.g. bank accounts, CPF accounts, insurance policies, stocks and shares, property etc.)

Value

TOTAL

(n)

Please indicate which options are applicable and provide details where applicable  P has no outstanding debts or liabilities  P’s debts or liabilities are as follows: Information about loan / debt (e.g. creditor, reason for loan/debt etc.)

Amount owed

 P has not received and is not going to receive any form of compensation or award of damages  P has received or is going to receive the following compensation or award of damages: Information about compensation (e.g. nature of claim etc.)

(o)

Amount

LASTING POWER OF ATTORNEY (Please indicate which of the following is applicable)  P made a Lasting Power of Attorney and the Registration No. is: _______________________________  P made an instrument intended to create a Lasting Power of Attorney but it has not been registered yet  P has not made a Lasting Power of Attorney and, as far as I am aware, P has not make an instrument intended to create a Lasting Power of Attorney

(p)

Has P made a will?  Yes

 No

 I do not know

(q)

PREVIOUS LEGAL APPLICATIONS CONCERNING P (Please indicate which of the following is applicable)  There has been no application or order made relating to P under the Mental Capacity Act as well as the repealed Mental Disorders and Treatment Act  There was an application or order made relating to P under the Mental Capacity Act or the repealed Mental Disorders and Treatment Act in case no. ______________________

7.

INFORMATION ABOUT RELEVANT PERSONS (Please do not leave any blanks. Please state “Nil” if there is no one in the category in question. If a Relevant Person has passed away, please state the person’s name and indicate “(deceased)” after the name.)

(a)

P’S SPOUSE Full name

(b)

Age

NRIC/FIN/Passport No.

Age

NRIC/FIN/Passport No.

Age

P’S PARENTS Full name

(c)

NRIC/FIN/Passport No.

P’S CHILDREN Full name

(d)

P’S SIBLINGS Full name

NRIC/FIN/Passport No.

Age

(e)

OTHER RELEVANT PERSONS WHO ARE LIKELY TO HAVE AN INTEREST IN AN APPLICATION CONCERNING P (e.g. persons who have a close relationship with P, persons who have a legal duty to support P, persons who will benefit from P’s estate, persons who are responsible for P’s care) Full name

(f)

NRIC/FIN/ Passport No.

Age

Relationship to P

Have you obtained the consent of the Relevant Persons named above? es No

ou will normally have to obtain the consent of the Relevant Persons named above. If you have not done so, please explain why.

8.

INFORMATION ABOUT ORDERS REQUESTED

(a)

Are you asking for an urgent interim order?  Yes

 No

If “Yes”, please state the nature of the urgent interim order and the reason for the urgency:

(b) How will this application benefit P? (Please provide information on how the Court Orders you are asking for can benefit P. If the Orders you are asking for relate to handling P’s assets, please explain how P’s assets will be used for P’s maintenance and well-being.)

9.

I confirm that: (a)

there are no other relevant persons who may be interested in this application;

(b)

there are no other relatives or friends who have a close relationship with P;

(c)

there are no other persons who have a legal duty to support P;

(d)

there are no other persons who will benefit from P’s estate; and

(e)

there are no other persons who are responsible for P’s care.

10.

I declare and undertake as follows: (a)

I understand my responsibilities if I am appointed as Deputy or Successor Deputy. In particular, I understand that I must act with honesty and integrity and ensure that my personal interests do not conflict with my duties as P’s deputy, and I will not use my position for any personal benefit.

(b)

I will have regard to the Mental Capacity Act Code of Practice and act in accordance with the principles of the Mental Capacity Act. In particular, I will act and make decisions for P in P’s best interests.

(c)

I will inform the Public Guardian if I have any reason to believe that P no longer lacks capacity and may be able to make his own decisions about the matters for which a deputy is sought to be appointed. I understand that I will not have the power to make a decision on P’s behalf in relation to a matter if I know or have reasonable ground for believing that P has capacity in relation to the matter.

11.

I confirm that the documents exhibited herein and marked as “A” are true copies of the originals.

12.

Upon the Court declaring that P lacks capacity to make decisions about the matters set out in the Applicant’s Form, I seek an order in terms of my application.

Sworn (or affirmed) by

)

the abovenamed on

)

this

)

day of 20

at Singapore Before me, Commissioner for Oaths

)

This is the exhibit marked “A” referred to in the affidavit of ____________________________ [name of applicant] and sworn / affirmed before me on this _______________ [date on which the affidavit is sworn or affirmed].

Before me,

A Commissioner for Oaths

TABLE OF CONTENTS Document Documents that prove the applicant’s relationship to P (e.g. Birth Certificate, Marriage Certificate, Adoption Order etc.) Documents relating to P’s assets (e.g. bank statements, CPF statements, CDP statements, insurance documents, title search documents etc.) Office of the Public Guardian search result showing if P has registered a Lasting Power of Attorney Office of the Public Guardian search result showing if there is a past Mental Capacity Act or Mental Disorders And Treatment Act Order in respect of P Wills Registry search result showing if P has registered a Will A copy of P’s will Other documents

Note: Please exhibit the documents in the order listed above.

Page No.

FORM 219 Para 54

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSM No.

)

of 20

)

In the Matter of Section 20 of the Mental Capacity Act (Cap 177A) And In the Matter of __________________________ [name of person alleged to lack capacity] (NRIC/FIN/Passport No.: __________), a person alleged to lack capacity (“P”)

_______________________________________ [name of applicant] (NRIC/FIN/Passport No.: __________) Applicant

AFFIDAVIT

I, ______________________________________________________ [name of Applicant], of ________________________________________________________ [address of Applicant], do make oath / affirm* and say as follows: 1.

I am the Applicant and I make this affidavit in support of my application.

2.

The facts contained in this affidavit are within my personal knowledge or are based on documents in my possession.

3.

I confirm that the information set out in this affidavit is true and correct.

4.

APPLICANT’S PARTICULARS

5.

(a)

Full name:

(b)

NRIC/FIN/Passport no.:

(c)

Age:

(d)

Telephone number:

(e)

Occupation:

(f)

Name and address of employer:

(g)

Relationship to P (i.e. the person alleged to lack capacity):

INFORMATION ABOUT P

(a)

P’s Full name:

(b)

P’s NRIC/FIN/Passport no.:

(c)

P’s Date of birth (DD/MM/YYYY):

(d)

P’s Age:

(e)

P’s Gender:

(f)

P’s Marital status:

 Male

 Female

 Single  Married  Divorced  Separated  Widowed  Unknown

(g)

Address at which P is currently residing:

(h)

Is P living in a nursing home?

 Yes

If “Yes”, please state which nursing home:

 No

(i)

Do you confirm that, to the best of your knowledge and belief, P’s incapacity is as set out in the doctor’s affidavit(s) and medical report(s) filed in support of your application?  Yes

 No

(j)

Details in respect of P’s medical / nursing home bills and recurrent expenses:

(k)

P’s monthly income and sources of such income (to the best of your knowledge):

(l)

P’s assets and up to date value (to the best of your knowledge) of these assets:

Assets (e.g. bank accounts, CPF accounts, insurance policies, stocks and shares, property etc.)

Value

TOTAL

(m)

Please indicate which options are applicable and provide details where applicable (to the best of your knowledge)  P has no outstanding debts or liabilities  P’s debts or liabilities are as follows: Information about loan / debt

Amount owed

(e.g. creditor, reason for loan/debt etc.)

 P has not received and is not going to receive any form of compensation or award of damages  P has received or is going to receive the following compensation or award of damages: Information about compensation (e.g. nature of claim etc.)

Amount

(n)

LASTING POWER OF ATTORNEY (Please indicate which of the following is applicable)  P made a Lasting Power of Attorney and the Registration No. is:

 P made an instrument intended to create a Lasting Power of Attorney but it has not been registered yet  P has not made a Lasting Power of Attorney and, as far as I am aware, P has not make an instrument intended to create a Lasting Power of Attorney

(o)

Has P made a will?  Yes

 No

 I do not know

(p)

PREVIOUS LEGAL APPLICATIONS CONCERNING P

(Please indicate which of the following is applicable)  There has been no application or order made relating to P under the Mental Capacity Act as well as the repealed Mental Disorders and Treatment Act  There was an application or order made relating to P under the Mental Capacity Act or the repealed Mental Disorders and Treatment Act in case no. ______________________

6.

INFORMATION ABOUT RELEVANT PERSONS (Please do not leave any blanks. Please state “Nil” if there is no one in the category in question. If a Relevant Person has passed away, please state the person’s name and indicate “(deceased)” after the name.)

(a)

P’S SPOUSE

Full name

NRIC/FIN/Passport No.

Age

(b)

P’S PARENTS

Full name

(c)

NRIC/FIN/Passport No.

Age

NRIC/FIN/Passport No.

Age

P’S SIBLINGS

Full name

(e)

Age

P’S CHILDREN

Full name

(d)

NRIC/FIN/Passport No.

OTHER RELEVANT PERSONS WHO ARE LIKELY TO HAVE AN INTEREST IN AN APPLICATION CONCERNING P

(e.g. persons who have a close relationship with P, persons who have a legal duty to support P, persons who will benefit from P’s estate, persons who are responsible for P’s care)

Full name

7.

NRIC/FIN/ Passport No.

Age

Relationship to P

I confirm that I am authorised to make this application and the declarations contained herein on behalf of _______________________________ [name of P’s hospital / nursing home] and I further confirm that the aforesaid institution undertakes to make the requisite refunds to P in the event of a wrongful payment and/or overpayment.

8.

I confirm that the documents exhibited herein and marked as “A” are true copies of the originals.

9.

Upon the Court declaring that P lacks capacity to make decisions about the matters set out in the Applicant’s Form, I seek an order in terms of my application.

Sworn (or affirmed) by

)

the abovenamed on

)

this

)

day of 20

at Singapore Before me,

Commissioner for Oaths

)

This is the exhibit marked “A” referred to in the affidavit of ____________________________ [name of applicant] and sworn / affirmed before me on this _______________ [date on which the affidavit is sworn or affirmed].

Before me,

A Commissioner for Oaths

TABLE OF CONTENTS Document Documents relating to P’s assets (where available) (e.g. bank statements, CPF statements, CDP statements, insurance documents, title search documents etc.) Documents relating to P’s medical / nursing home expenses (e.g. invoices etc.) Office of the Public Guardian search result showing if P has registered a Lasting Power of Attorney Office of the Public Guardian search result showing if there is a past Mental Capacity Act or Mental Disorders And Treatment Act Order in respect of P Wills Registry search result showing if P has registered a Will Other documents

Note: Please exhibit the documents in the order listed above.

Page No.

FORM 220 Para 54

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSM No.

)

of 20

)

In the Matter of Section 20 of the Mental Capacity Act (Cap 177A) And In the Matter of __________________________ [name of person alleged to lack capacity] (NRIC/FIN/Passport No.: __________), a person alleged to lack capacity (“P”)

_______________________________________ [name of applicant] (NRIC/FIN/Passport No.: __________) Applicant

AFFIDAVIT

I, ______________________________________________________ [name of Successor Deputy], of ________________________________________________________ [address of Successor Deputy], do make oath / affirm* and say as follows:

1.

I am the Successor Deputy proposed to be appointed to make decisions and act on P’s behalf.

2.

The facts contained in this affidavit are within my personal knowledge or are based on documents in my possession.

3.

I confirm that the information set out in paragraphs 4, 5 and 6 below is true and correct.

4.

SUCCESSOR DEPUTY’S PARTICULARS

(a)

Full name:

(b)

NRIC/FIN/Passport no.:

(c)

Date of birth (DD/MM/YYYY):

(d)

Age:

(e)

Gender:

(f)

Telephone number:

(g)

Occupation:

(h)

Name and address of employer:

 Male

 Female

(i)

Monthly income:

(j)

Relationship to P (i.e. the person alleged to lack capacity):  Spouse  Child  Parent  Sibling  Friend  Others – please specify: ___________________________

5.

INFORMATION ABOUT SUCCESSOR DEPUTY

(a)

Please indicate which options are applicable to you  I am not an undischarged bankrupt  I am not facing any bankruptcy actions  I have not been convicted of a criminal offence  I am not facing any criminal prosecution  I have not been sued as a defendant in civil proceedings  I am not facing any claims in any civil suit  I have not been appointed as a Donee or Deputy for someone else

(b)

Please indicate which option is applicable to you  I declare that I do not have any outstanding loans or debts at all  I declare that I do not have any outstanding loans or debts except for the following loans / debts, and I further declare that I am able to pay my loans and debts as and when they become due and payable.

Information about loan / debt

Amount owed

(e.g. creditor, reason for loan/debt etc.)

6.

INFORMATION ABOUT P

(a)

P’s Full name:

(b)

P’s NRIC/FIN/Passport no.:

7.

I understand the nature of the order which is applied for in these proceedings.

(b)

I have read and understood all the contents of the Originating Summons and the supporting affidavits.

(c)

I consent to the Originating Summons filed in these proceedings.

(d)

I consent to the dispensation of service of the Originating Summons, supporting affidavits and all subsequent documents filed in these proceedings on me*. (please delete if not applicable)

8.

I declare and undertake as follows: (a)

I understand my responsibilities if I am appointed as Successor Deputy. In particular, I understand that I must act with honesty and integrity and ensure

that my personal interests do not conflict with my duties as P’s deputy, and I will not use my position for any personal benefit. (b)

I will have regard to the Mental Capacity Act Code of Practice and act in accordance with the principles of the Mental Capacity Act. In particular, I will act and make decisions for P in P’s best interests.

(c)

I will inform the Public Guardian if I have any reason to believe that P no longer lacks capacity and may be able to make his own decisions about the matters for which a deputy is sought to be appointed. I understand that I will not have the power to make a decision on P’s behalf in relation to a matter if I know or have reasonable ground for believing that P has capacity in relation to the matter.

9.

I confirm that the documents exhibited herein and marked as “A” are true copies of the originals.

Sworn (or affirmed) by

)

the abovenamed on

)

this

)

day of 20

at Singapore Before me,

Commissioner for Oaths

)

This is the exhibit marked “A” referred to in the affidavit of ____________________________ [name of successor deputy] and sworn / affirmed before me on this _______________ [date on which the affidavit is sworn or affirmed].

Before me,

A Commissioner for Oaths

TABLE OF CONTENTS

Document Documents that prove the successor deputy’s relationship to P (e.g. Birth Certificate, Marriage Certificate, Adoption Order etc.) Other documents

Note: Please exhibit the documents in the order listed above.

Page No.

FORM 221 Para 51, 53 CONSENT TO ORIGINATING SUMMONS AND DISPENSATION OF SERVICE OF DOCUMENTS IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSM No. of 20 (Seal)

) ) ) In the Matter of Section [section no] of the Mental Capacity Act (Cap177A) And In the Matter of [name of person alleged to lack capacity](ID No.: ), a person alleged to lack capacity (“P”) Between (Name and ID No.:

)

… Plaintiff+

And (Name and ID No.:

)

… Defendant

CONSENT I [name and ID number of relevant person], of [state address] being the [state nature of relationship with P] of P state as follows: OR We, as the relevant persons whose details are listed in the table below, state as follows: Name

1.

ID No.

Address

Nature of relationship to P

I/We* understand the nature of the order which is applied for in these proceedings.

2.

I/We* have read and understood all the contents of the Originating Summons and the supporting affidavits and I/we* consent to the Originating Summons filed in these proceedings. [If the relevant person(s) is/are only consenting to a part of the Originating summons, to state the prayers in the Originating Summons which the relevant person(s) is/are consenting to.]

3.

I/We* consent to the dispensation of service of the Originating Summons, supporting affidavits and all subsequent documents filed in these proceedings on me/us.*

Sworn (or affirmed) by the abovenamed on this day of 20 at Singapore

) ) ) )

Through the interpretation of (name and designation of person who interpreted) in (language of interpretation)* Before me, Commissioner for Oaths +

To use “Applicant” if this is an ex parte application To delete if this is an ex parte application. *Delete where inapplicable.

#

FORM 222 Para 50

NOTICE TO RELEVANT PERSONS To:

[Name of Relevant Person] [Address of Relevant Person]

APPLICATION UNDER MENTAL CAPACITY ACT (CAP 177A) 1.

You have been served with an Originating Summons and the supporting affidavits. The plaintiff/applicant* is making an application for [state nature of application].

2.

If you consent to the application, you should sign a written consent in Form 221 in Appendix A of these Practice Directions before a solicitor, a Commissioner for Oaths, a notary public or any person for the time being authorised by law in the place where the document is executed to administer oaths. You should then return the completed and signed consent form to the plaintiff/applicant* or the plaintiff’s /applicant’s* solicitors.

[Note: If the relevant person is an organisation providing residential accommodation to P, the above paragraph 2 is to be deleted and substituted with the following paragraph:-

If you wish to furnish any relevant information for the Court’s consideration and determination of the application in the best interests of P, you may prepare a report through one of your representatives. The report shall be submitted to the Family Justice Courts with a cover letter addressed to the Registrar of the Family Justice Courts and stating clearly the Originating number (OSM No.) and the names of P and the plaintiff/applicant*. You must notify the Court by way of letter (stating clearly the Originating Summons number and the names of P and the plaintiff/applicant) within 8 days of the date on which you were served with this Originating Summons that you wish to submit such a report. If such a report is submitted, the Court may require and direct for the attendance of the maker of the report at the hearing of the Originating Summons.]

3.

If you intend to contest the application or any part of it, you are required to file an application in Form 4 in Appendix A of these Practice Directions to seek the

permission of the Court to be joined as a party to the proceedings. This application must be supported by an affidavit stating your interest in the application and the grounds of your objection. The application must be filed using the Electronic Filing Service# within 21 days after the date on which you were served with this Originating Summons.

[Note: If the relevant person is an organisation providing residential accommodation to P, the above paragraph 3 is to be deleted.]

4.

If you do not attend personally or by your solicitor at the time and place stated in the Originating Summons, such order may be made as the Court may think just and expedient.

[Note: If the relevant person is an organisation providing residential accommodation to P, the above paragraph 4 is to be deleted.]

5.

This Originating Summons is filed by [name of firm], the plaintiff’s/applicant’s* solicitor whose address is [state address].

(or where the plaintiff/applicant* acts in person)

This Originating Summons is filed by the plaintiff/applicant* who resides at [address] and (if the plaintiff/applicant* does not reside within the jurisdiction) whose address for service is [state address within the jurisdiction].

Name and Signature Plaintiff/Applicant* OR Solicitors for the Plaintiff/Applicant*

* To delete where inapplicable. #

To file a document using the Electronic Filing Service, you may use the Lawnet and Crimsonlogic Service Bureau located at 133 New Bridge Road, Chinatown Point #19-01/02, Singapore 059413.

FORM 223 Para 52 (Title as in cause or matter.)

CERTIFICATE OF NOTIFICATION

I, [name of person effecting the notification] (ID No. ), certify that I have notified the abovenamed P of this Originating Summons on [date] at [address where notification took place]. The notification complies with rule 181 of the Family Justice Rules and Paragraph 52 of these Practice Directions. In particular, P was notified of [please specify the matters which P was notified of].

Dated this

day of

Signature and name of person effecting notification

20

FORM 224 Para 54 IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSM No.

)

of 20

)

In the Matter of Section 20 of the Mental Capacity Act (Cap 177A) And In the Matter of __________________________ [name of person alleged to lack capacity] (NRIC/FIN/Passport No.: __________), a person alleged to lack capacity (“P”)

_______________________________________ [name of applicant] (NRIC/FIN/Passport No.: __________) Applicant

AFFIDAVIT

I, ______________________________________________________ [name of Doctor], of ________________________________________________________ [address of Doctor], do make oath / affirm* and say as follows: 1.

I am a registered medical practitioner in Singapore.

2.

The facts contained in this affidavit and the medical report exhibited herein are within my personal knowledge or are based on documents in my possession.

3.

I confirm that the medical report exhibited herein and marked as “A” is mine and that I accept full responsibility for the said report.

4.

I am aware that my report is being adduced for the purpose of obtaining a declaration that the person who is the subject of this application, i.e. P, lacks capacity in relation to matters specified in the application.

Sworn (or affirmed) by

)

the abovenamed on

)

this

day

)

of

20

)

at Singapore

Before me,

Commissioner for Oaths

)

This is the exhibit marked “A” referred to in the affidavit of ______________________________ [name of doctor] and sworn / affirmed before me on this _______________ [date on which the affidavit is sworn or affirmed].

Before me,

A Commissioner for Oaths

MEDICAL REPORT The entries in this form should be typed and not handwritten SECTION 1: PATIENT’S PARTICULARS

Full name of patient:

NRIC/FIN/Passport no. of patient:

Age of patient:

SECTION 2: DOCTOR’S PARTICULARS

Full name of doctor:

NRIC/FIN/Passport no. of doctor:

MCR no. of doctor:

Hospital / Clinic name and address:

Doctor’s qualifications and experience in this area of work:

Doctor-patient relationship: Please state if you have been seeing the patient regularly over a period of time (if so, please state when you first started seeing the patient and how often you see the patient) or if you saw the patient specifically for this mental capacity assessment only.

SECTION 3: PATIENT’S MEDICAL INFORMATION

Patient’s clinical history: Please note that you should provide sufficient detail to support your opinion in respect of P’s mental capacity. Please also state the source of the information (e.g. from medical records, from the patient, from the applicant etc.).

Findings from physical examination / mental state examination: Please note that you should provide sufficient detail to support your opinion in respect of P’s mental capacity. Please also note that there should not be an overly long period between the date of examination of P and the date of this report.

Date of physical examination / mental state examination: _________________________

Relevant investigation results:

Diagnosis:

SECTION 4: OPINION ON PATIENT’S MENTAL CAPACITY

OPINION ON PATIENT’S MENTAL CAPACITY IN RELATION TO PERSONAL WELFARE If you are unable to state “Yes” or “No” in respect of a particular question, please state your opinion of P in respect of that item and provide sufficient supporting information. In your opinion, can the patient understand information relevant to a decision relating to his or her personal welfare?  Yes

 No

In your opinion, can the patient retain information long enough to make a decision relating to his or her personal welfare?  Yes

 No

In your opinion, can the patient weigh information as part of the process of making a decision relating to his or her personal welfare?  Yes

 No

In your opinion, can the patient communicate his or her decision relating to his or her personal welfare?  Yes

 No

Taking into consideration the above, in your opinion, does the patient have mental capacity in respect of personal welfare?  Yes

 No

OPINION ON PATIENT’S MENTAL CAPACITY IN RELATION TO PROPERTY AND AFFAIRS If you are unable to state “Yes” or “No” in respect of a particular question, please state your opinion of P in respect of that item and provide sufficient supporting information. In your opinion, can the patient understand information relevant to a decision relating to his or her property and affairs?  Yes

 No

In your opinion, can the patient retain information long enough to make a decision relating to his or her property and affairs?  Yes

 No

In your opinion, can the patient weigh information as part of the process of making a decision relating to his or her property and affairs?  Yes

 No

In your opinion, can the patient communicate his or her decision relating to his or her property and affairs?  Yes

 No

Taking into consideration the above, in your opinion, does the patient have mental capacity in respect of property and affairs?  Yes

 No

Please state the basis of your opinion above in respect of the patient’s mental capacity:

PROGNOSIS In your opinion, is the patient likely to regain mental capacity?  Yes

 No

 Not Sure

If “Yes” or “Not Sure”, please suggest when another assessment of the patient’s mental capacity should be carried out:

In your opinion, would the patient understand if he/she were to be informed of this application?  Yes

 No

Are you aware of any other doctor who holds a different professional opinion regarding the patient’s mental capacity? If so, please provide details:

SECTION 5: DECLARATION

I have read and understood the provisions in sections 3, 4 and 5 of the Mental Capacity Act. I understand that my medical report has to contain sufficient detailed information about P’s condition to support my opinion of P’s mental capacity. I believe in the correctness of the opinion set out herein. I understand that in giving this report my duty is to the Court and I confirm that I have

complied with this duty.

Signature:

_______________________

Name:

_______________________

Date:

_______________________

Explanatory notes: 1.

“Personal welfare” refers to matters such as deciding where to live and consenting to medical and dental treatment.

2.

“Property and affairs”, as the name implies, refers to matters concerning the patient’s financial affairs and property.

3.

When giving your opinion on the patient’s mental capacity, please note that where it is not patently obvious from the clinical history and examination that the patient has or lacks capacity, you will need to explain the basis for your opinion.

Section 3 of the Mental Capacity Act

(1) The following principles apply for the purposes of this Act. (2) A person must be assumed to have capacity unless it is established that he lacks capacity. (3) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success. (4) A person is not to be treated as unable to make a decision merely because he makes an unwise decision.

(5) An act done, or a decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests. (6) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Section 4 of the Mental Capacity Act

(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. (2) It does not matter whether the impairment or disturbance is permanent or temporary. (3) A lack of capacity cannot be established merely by reference to — (a) a person’s age or appearance; or (b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity. (4) In proceedings under this Act (other than proceedings for offences under this Act), any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities. (5) Subject to section 21, no power which a person (“D”) may exercise under this Act — (a) in relation to a person who lacks capacity; or (b) where D reasonably thinks that a person lacks capacity, is exercisable in relation to a person below 21 years of age.

Section 5 of the Mental Capacity Act

(1) For the purposes of section 4, a person is unable to make a decision for himself if he is unable — (a) to understand the information relevant to the decision; (b) to retain that information; (c) to use or weigh that information as part of the process of making the decision; or (d) to communicate his decision (whether by talking, using sign language or any other means).

(2) A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means). (3) The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent him from being regarded as able to make the decision. (4) The information relevant to a decision includes information about the reasonably foreseeable consequences of — (a) deciding one way or another; or (b) failing to make the decision.

FORM 225 Para 63

SUPPORTING AFFIDAVIT FOR APPLICATION FOR GRANT (Title as in the action) SUPPORTING AFFIDAVIT I/We*, (name(s) of applicants)) (ID No. ) of (address(es) of applicant(s)), Singapore, do make oath (or affirm) and say as follows: (1)

The Statement exhibited as “A” is the same Statement that was generated by the Electronic Filing Service and no changes have been made. The contents entered into the Electronic Filing Service, which now appear in the Statement, are true and accurate to the best of my/our* knowledge and belief.

(2)

The documents exhibited and marked “B” have been accepted by the Court and the contents of the documents are to the best of my/our* knowledge and belief in all respects true.

Sworn (or affirmed) by the abovenamed on this day of 20 at Singapore

) ) ) )

Through the interpretation of (name and designation of person who interpreted) in (language of interpretation)* Before me,

Commissioner for Oaths *Delete where inapplicable

FORM 226 SCHEDULE OF ASSETS Para 67 [FOR DEATH ON OR AFTER 15 FEBRUARY 2008]1 (Title as in the action)

SCHEDULE OF ASSETS A. Deceased’s Property in Singapore

Market Value as at Date of Death (S$) (without deducting the debts due or owing from the deceased)

Gross value2 B. Outstanding Debts in Singapore which are Secured by Mortgage (For immovable property only)

Amount

Net Estate Value3 C. Deceased’s Property outside Singapore (for deceased person domiciled in Singapore at date of death)

Market Value as at Date of Death (S$)

______________________________________________

1

This form is to be annexed to an affidavit and filed separately with the Courts as well. It will be annexed to the grant of representation 2 Please state the total for Section A. 3 Please deduct the amount for Section B from the total for Section A.

FORM 227 Para 74

ORIGINATING SUMMONS FOR LEAVE UNDER SECTION 121D OF THE WOMEN’S CHARTER (CHAPTER 353) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20

) )

In the Matter of Section 121D of the Women’s Charter (Chapter 353)

Between (ID No.:

)

… Plaintiff

)

… Defendant

And (ID No.:

ORIGINATING SUMMONS

To :

The Defendant(s) [Name] of [Address]

The Plaintiff applies for the following orders : 5.

That leave be granted to the Plaintiff to file an application for financial relief against the Defendant under Section 121B of the Women’s Charter;

2.

Any such further or other order as this Honourable Court deems fit;

3.

Costs. Dated this

day of

20 Registrar

Memorandum to be subscribed on the summons 1. If you intend to contest the application or any part of it, you are required to file an affidavit stating the grounds of your objection within 21 days of service after the date on which you were served with this summons. 2. If you do not attend personally or by your counsel or solicitor at the time and place stated in this summons, such order may be made as the Court may think just and expedient. 3. This summons is filed by [name of firm], the solicitor for the said plaintiff whose address is [address]. (or where the plaintiff sues in person) This summons is filed by the said plaintiff who resides at [address] and is (state occupation) and (if the plaintiff does not reside within the jurisdiction) whose address for service [address]. 4. This summons may not be served more than 6 months after the above date unless renewed by order of the Court. 5. Unless otherwise provided in any written law, where the plaintiff intends to adduce evidence in support of an originating summons he must do so by affidavit, and must file the affidavit or affidavits and serve a copy thereof on every defendant within 7 days from the service of the originating summons.

FORM 228 Para 74

PLAINTIFF’S AFFIDAVIT FOR LEAVE UNDER SECTION 121D OF THE WOMEN’S CHARTER (CHAPTER 353)

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20

) )

In the Matter of Section 121D of the Women’s Charter (Chapter 353) Between (ID No.:

)

… Plaintiff

)

… Defendant

And (ID No.:

AFFIDAVIT I, (Name of deponent), of (address of deponent), do make oath (or affirm)* and say as follows: 1. I am the Plaintiff and I make this affidavit in support of my application for leave to file an application for financial relief under Section 121B of the Women’s Charter.

Parties’ particulars (including details of marriage) 2. (Please provide parties’ particulars and details of their marriage, including date and place of marriage). Particulars relating to divorce, annulment or judicial separation 3. (Please provide particulars relating to the divorce, annulment or judicial separation and evidence that the divorce, annulment or judicial separation is recognised as valid in Singapore under Singapore law). Particulars of children (if any) 4. (Please provide particulars of children including age, gender, and whether children are schooling or working).

Grounds on which the Court has jurisdiction to hear the application 5. (Please state which of the parties was domiciled in Singapore on the date of this application or which of the parties was domiciled in Singapore on the date the divorce, annulment or judicial separation was granted in the foreign country. Alternatively, which of the parties was habitually resident in Singapore for a continuous period of 1 year immediately preceding the date of filing this application or was resident in Singapore for a continuous period of 1 year immediately preceding the date on which the foreign divorce, annulment or judicial separation was granted.) Foreign orders made and financial relief received by plaintiff and children 6. (Please state if there are any orders or agreements relating to financial relief made in relation to the foreign divorce, annulment or judicial separation and the details of the orders or agreements). 7. (Please state the extent to which the order or agreement has been complied with by the defendant). 8. (Please state if the plaintiff or a child of the marriage has received or is likely to receive any financial benefit in consequence of the divorce, annulment or judicial separation, by virtue of any agreement or the operation of the law of a foreign country and the details of the financial benefit)

Financial relief which had not been dealt with by the foreign order 9. (Please state if there are any rights of the plaintiff which has been omitted in the foreign order and the reason for the omission.) 10. (Please state the availability in Singapore of any matrimonial asset in respect of which an order under section 121G of the Women’s Charter in favour of the applicant could be made).

Grounds for application 11. (Please the grounds for application). Attachments 12. I also attach herewith the following documents in support of my application: a.

a draft copy of the application to be filed under Section 121B;

b.

a copy of the foreign decree of divorce or annulment of marriage or judicial separation;

c.

any relevant decision or order made by the foreign court requiring any party to the marriage to make payment to the other party or transfer any matrimonial asset to either of the parties or to a child of the marriage; and any relevant agreement relating to financial relief between the parties. I am praying for order in terms of the prayers sought in my application.

d.

FORM 229 Para 74

PLAINTIFF’S AFFIDAVIT FOR APPLICATION UNDER SECTION 121B OF THE WOMEN’S CHARTER (CHAPTER 353) IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF. No. of 20

) )

In the Matter of Section 121B of the Women’s Charter (Chapter 353) Between (ID No.:

)

… Plaintiff

)

… Defendant

And (ID No.:

AFFIDAVIT I, [Name of deponent], of [address of deponent], do make oath (or affirm)* and say as follows: 1.

I am the Plaintiff and I make this affidavit in support of my application.

Parties’ particulars (including details of marriage) 2. (Please provide parties’ particulars and details of their marriage (including date and place of marriage)). Particulars relating to divorce, annulment or judicial separation 3. (Please provide particulars relating to the divorce, annulment or judicial separation). Particulars of children (if any) 4. (Please provide particulars of children including age, sex, whether children are schooling or working). Connection to Singapore 5. (Please state connection which the parties to the marriage have with Singapore). Connection with country in which marriage was dissolved or annulled or in which judicial separation was obtained 6. (Please state the connection between parties and the country in which the marriage was dissolved or annulled or judicial separation was obtained). Connection that parties have with any other foreign country 7. (Please state the parties’ connection with any other foreign country).

Foreign orders made and financial relief received by plaintiff and children 8. (Please state if there are any orders or agreements relating to financial relief made in relation to the foreign divorce, annulment or judicial separation and the details of the orders or agreements). 9. (Please state the extent to which the order or agreement has been complied with by the defendant). 10. (Please state if the applicant or a child of the marriage has received or is likely to receive any financial benefit in consequence of the divorce, annulment or judicial separation, by virtue of any agreement or the operation of the law of a foreign country and the details of the financial benefit) Financial relief which had not been dealt with by the foreign order 11. (Please state if there are any rights of the plaintiff which has been omitted in the foreign order.) 12. (Please state the availability in Singapore of any matrimonial asset in respect of which an order under section 121G in favour of the applicant could be made). Extent to which any order under Section 121G is likely to be enforceable 13. (Please state the extent to which any order under Section 121G is likely to be enforceable). Length of time elapsed 14. (Please state the length of time which has elapsed since the date of the foreign divorce, annulment or judicial separation and the reason for the time taken for this application). Grounds for application 15. (Please state the grounds for application). Attachments 16. I also attach herewith the following documents in support of my application:a.

a copy of the foreign decree of divorce or annulment of marriage or judicial separation;

b.

any relevant decision or order made by the foreign court requiring any party to the marriage to make payment to the other party or transfer any matrimonial asset to either of the parties or to a child of the marriage; and

c.

any relevant agreement relating to financial relief between the parties.

17. I am praying in my application.

for

order

in

terms

SWORN (or AFFIRMED) by the

)

Plaintiff at

)

on the

day of 20

Before me, A Commissioner for Oaths *Delete where inapplicable

)

of

the

prayers

sought

FORM 230 Para 78

NOTIFICATION TO REGISTRAR OF PARTICULARS OF PROCESS SERVER To the Registrar of the Family Justice Courts. Notification to Registrar of Particulars of Process Server S/No.

NRIC No.

Name

Comments (See Note)

The above persons are employed by our firm, and have been authorised by us to serve process and documents under Rule 898(1), of the Family Justice Rules. Sgd ______________ Firm’s Name ______________ Date

Note: To indicate here the solicitor’s clerks who have left the employment of the firm, and whose authorizations to serve processes and documents have been revoked

FORM 231 Para 80

NOTICE TO PRODUCE DOCUMENTS REFERRED TO IN PLEADINGS OR AFFIDAVITS (Title as in action) Take notice that the Plaintiff/Defendant/Other party [to specify]* requires you to produce for his inspection, the following documents referred to in your pleading (or affidavit) namely:

(Describe documents required and set them out in a table). S/No.

Document

Page and paragraph number of pleading/affidavit* where reference to document is made

Filing date, name of pleading/ deponent of affidavit and number of affidavit in relation to the deponent*, in which document is referred to

*Delete where inapplicable

Dated this

day of

20

.

Solicitor for the To the Solicitor for

FORM 232 Para 80

NOTICE WHERE DOCUMENTS MAY BE INSPECTED (Title as in action) Take notice that the following documents mentioned in your notice of [to state date] may be inspected at [to state place of inspection] on the [to state date] between the hours of [to state times].* (Describe documents which may be inspected and set them out in table form.) S/No.

Document

Page and paragraph number of pleading/affidavit* where reference to document is made

Filing date, name of pleading/ deponent of affidavit and number of affidavit in relation to the deponent*, in which document is referred to

Take notice that the Plaintiff/Defendant/Other Party [to specify]* objects to giving inspection of the following documents mentioned in your notice of [to state date].* (Describe documents in respect of which inspection is objected to, and set them out in table form, setting out the grounds of objection in respect of each document). S/No.

Document

Filing date, name of pleading/ deponent of affidavit and number of affidavit in relation to the deponent*, in which document is referred to

Page and paragraph number where reference to pleading/ affidavit is made

Reasons for objection to inspection

*Delete where inapplicable

Dated this

day of

20

. Solicitor for the

To the Solicitor for

FORM 233 Para 80

REQUEST FOR DISCOVERY (Title as in action) The Plaintiff/Defendant/Other Party [to specify]* is requested to state, pursuant to Rule 63(4) of the Family Justice Rules**, in respect of each of the following documents, whether he is willing and able to provide discovery of the same, and, if so, to specify in what mode he is willing to provide such discovery (for example, by exhibiting the documents in an affidavit to be filed in court, by forwarding copies of the documents to the other party, by making the documents available to the other party for inspection):

(Describe the documents required and set them out in table form.) S/No.

Document

Timeframe for which documents are requested (where applicable)

Reason for request

Paragraph(s) and page(s), filing date, deponent of affidavit (which relates to the request) and number of affidavit in relation to the deponent (where applicable)

*Delete where inapplicable

Dated this

day of

20

. Solicitor for the

To the Solicitor for

FORM 234 Para 80

NOTICE IN RESPONSE TO REQUEST FOR DISCOVERY (Title as in action) The Plaintiff/Defendant/Other Party [to specify]* is willing and able to provide discovery of the following documents:* (Describe the documents to be discovered and set them out in table form.) S/No.

Document

Time-frame (where applicable)

Mode in which discovery will be provided

The Plaintiff/Defendant/Other Party [to specify]* is not willing and/or not able to provide discovery of the following documents*: (Describe the documents which the party is not willing and/or not able to provide discovery of and set them out in table form.) S/No.

Document

Time-frame (where applicable)

Reason for not being willing and/or able to provide discovery

*Delete where inapplicable

Dated this

day of

20

. Solicitor for the

To the Solicitor for

FORM 235 Para 80

REQUEST FOR INTERROGATORIES (Title as in action) The Plaintiff/Defendant/Other Party [to specify]* is requested to answer the following interrogatories on affidavit, to the best of his knowledge, information and belief, pursuant to Rule 69 of the Family Justice Rules: (Set out the interrogatories in the form of concise questions. Each interrogatory is to be set out in a separate paragraph and numbered consecutively, in table form.) S/No.

Interrogatory

Reason for Interrogatory

Paragraph(s) and page(s), filing date, deponent of affidavit (which relates to the request) and number of affidavit in relation to the deponent (where applicable)

*Delete where inapplicable

Dated this

day of

20

. Solicitor for the

To the Solicitor for

FORM 236 Para 80

NOTICE IN RESPONSE TO REQUEST FOR INTERROGATORIES (Title as in action) *The Plaintiff/Defendant/Other Party [to specify]* will answer the following interrogatories on affidavit, to the best of his knowledge, information and belief: Items [to specify] listed in your request for interrogatories dated [to state date]. *The Plaintiff/Defendant/Other Party [to specify]* objects to answering the following interrogatories: (Set out the interrogatories objected to, in table form.) S/No.

Interrogatory

Reason for objection to the interrogatory

*Delete where inapplicable

Dated this

day of

20

. Solicitor for the

To the Solicitor for

FORM 237 Para 80

APPLICATION FOR DISCOVERY (Title as in action) SUMMONS 1.

[Format as in Form 4 of Appendix A of Practice Directions**]

2.

Orders Applied For

(a) required :

(b)

That the Plaintiff/Defendant/Other Party [to specify]* be (i)

To state on affidavit, pursuant to Rule 63(1) of the Family Justice Rules**, in respect of each of the following documents, whether the same is in his possession, custody or power, and if not then in his possession, custody or power, when he parted with it and what has become of it;

(ii)

To exhibit in the affidavit a copy of each of the said documents stated to be in his possession, custody or power, pursuant to paragraph (a)(i) above; and

(iii)

In respect of each of the said documents stated not to be in his possession, custody or power, pursuant to paragraph (a)(i) above, to state the reasons why, together with supporting documentation for the explanation (if any).

That the affidavit under paragraph (a) above is to be filed and served by [to state date].

(Describe the documents required and set them out in table form). S/No.

Document

Reason for request Time-frame for which documents are requested (where applicable)

Paragraph(s) and page(s), filing date, deponent of affidavit (which relates to the request) and number of affidavit in relation to the deponent (where applicable)

3.

Etc.

[Format as in Form 4 of Appendix A of Practice Directions**] Dated this

day of

20

. Solicitor for the

To the Solicitor for

*Delete where inapplicable

FORM 238 Para 80

APPLICATION FOR INTERROGATORIES (Title as in action) SUMMONS 1.

[Format as in Form 4 of Appendix A of Practice Directions**]

2.

Orders Applied For (a)

That the Plaintiff/Defendant/Other Party [to specify]* be required to answer the following interrogatories on affidavit, to the best of his knowledge, information and belief, pursuant to Rule 69 of the Family Justice Rules.

(b)

That the affidavit under paragraph (a) above is to be filed and served by [to state date].

(Set out the interrogatories in the form of concise questions. Each interrogatory is to be set out in a separate paragraph and numbered consecutively, in table form.) S/No.

3.

Interrogatory

Etc.

Reason for Interrogatory

Paragraph(s) and page(s), filing date, deponent of affidavit (which relates to the request) and number of affidavit in relation to the deponent (where applicable)

[Format as in Form 4 of Appendix A of Practice Directions] Dated this

day of

20

. Solicitor for the

To the Solicitor for *Delete where inapplicable

FORM 239 Para 84

INJUNCTION PROHIBITING DISPOSAL OF ASSETS WORLDWIDE IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Suit No. Between [Intended] Plaintiff And [Intended] Defendant BEFORE THE HONORABLE JUSTICE/DISTRICT JUDGE* ________________ IN CHAMBERS

INJUNCTION PROHIBITING DISPOSAL OF ASSETS WORLDWIDE

IMPORTANT:NOTICE TO THE DEFENDANT (1)

This order prohibits you from dealing with your assets up to the amount stated. The order is subject to the exceptions stated at the end of the order. You should read all the terms of the order very carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this order.

(2)

If you disobey this order you will be guilty of contempt of Court and may be sent to prison or fined.1

1

This notice is not a substitute for the endorsement of a penal notice.

THE ORDER An application was made today [date] by counsel for ... the plaintiff to Justice/District Judge* [ ] by way of ex-parte summons no. of . Justice/District Judge* [ ] heard the application and read the affidavit(s) of [name] filed on [date]. As a result of the application IT IS ORDERED by Justice/District Judge* [ ] that: Disposal of assets 1

(1)

(2)

The defendant must not (i) remove from Singapore any of his assets which are in Singapore whether in his own name or not and whether solely or jointly owned up to the value of $ or (ii) in any way dispose of or deal with or diminish the value of any of his assets whether they are in or outside Singapore whether in his own name or not and whether solely or jointly owned up to the same value. This prohibition includes the following assets in particular:(a)

the property known as ... or the net sale money after payment of any mortgages if it has been sold;

(b)

the property and assets of the defendant's business known as ... (or carried on at ..) or the sale money if any of them have been sold; and

(c)

any money in the accounts numbered ....... at .....

If the total unencumbered value of the defendant's assets in Singapore exceeds $ the defendant may remove any of those assets from Singapore or may dispose of or deal with them so long as the total unencumbered value of his assets still in Singapore remains above $ . If the total unencumbered value of the defendant's assets in Singapore does not exceed $ , the defendant must not remove any of those assets from Singapore and must not dispose of or deal with any of them, but if he has other assets outside Singapore the defendant may dispose of or deal with those assets so long as the total unencumbered value of all his assets whether in or outside Singapore remains above $ .

Disclosure of information 2

(1)

The defendant must inform the plaintiff in writing at once of all his assets whether in or outside Singapore and whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.

(2)

The information must be confirmed in an affidavit which must be served on the plaintiff's solicitors within ... days after this order has been served on the defendant.

EXCEPTIONS TO THIS ORDER (1)

This order does not prohibit the defendant from spending $ a week towards his ordinary living expenses and also $ a week [or a reasonable sum] on legal advice and representation. But before spending any money the defendant must tell the plaintiff's solicitors where the money is to come from.

(2)

This order does not prohibit the defendant from dealing with or disposing of any of his assets in the ordinary and proper course of business. The defendant shall account to the plaintiff [state interval] for the amount of money spent in this regard.

(3)

The defendant may agree with the plaintiff's solicitors that the above spending limits should be increased or that this order should be varied in any other respect but any such agreement must be in writing.

EFFECT OF THIS ORDER (1)

A defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

(2)

A defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other way.

THIRD PARTIES (1)

Effect of this order It is a contempt of Court for any person notified of this order knowingly to assist in or permit a breach of the order. Any person doing so may be sent to prison or fined.

(2)

Effect of this order outside Singapore The terms of this order do not affect or concern anyone outside the jurisdiction of this Court until it is declared enforceable or is enforced by a Court in the relevant country and then they are to affect him only to the extent they have been declared enforceable or have been enforced UNLESS such person is: (a)

a person to whom this order is addressed or an officer or an agent appointed by power of attorney of such a person; or

(b)

a person who is subject to the jurisdiction of this Court and (i) has been given written notice of this order at his residence or place of business within the jurisdiction of this Court and (ii) is able to prevent acts or omissions outside the jurisdiction of this Court which constitute or assist in a breach of the terms of this order.

(3)

Set off by banks This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the defendant before it was notified of the order.

(4)

Withdrawals by the defendant No bank need enquire as to the application or proposed application of any money withdrawn by the defendant if the withdrawal appears to be permitted by this order.

[SERVICE OUT OF THE JURISDICTION AND SUBSTITUTED SERVICE (1)

The plaintiff may serve the writ of summons on the defendant at ... by .... [mode of service].

(2)

If the defendant wishes to defend the action he must enter an appearance within ..... days of being served with the writ of summons.]

UNDERTAKINGS The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.

DURATION OF THIS ORDER This order will remain in force until the trial or further order.

VARIATION OR DISCHARGE OF THIS ORDER The defendant (or anyone notified of this order) may apply to the Court at any time to vary or discharge this order (or so much of it as affects that person), but anyone wishing to do so must inform the plaintiff's solicitors.

NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS The plaintiff's solicitors are:[Name of lawyer(s) having conduct of action or charge of matter.] [Name of law firm.] [Address of law firm.] Tel: [Contact telephone number.] Fax: [Contact facsimile number.] Ref: [File reference of law firm.]

[INTERPRETATION OF THIS ORDER (1)

In this order references to “he”, “him” or “his” include “she” or “her” and “it” or “its”.

(2)

Where there are 2 or more defendants then (unless the context indicates differently) (a)

References to “the defendants” mean both or all of them;

(b)

An order requiring “the defendants” to do or not to do anything requires each defendant to do or not to do the specified thing; and

(c)

A requirement relating to service of this order, or of any legal proceedings, on “the defendants” means service on each of them.] Dated this

day of

, 20

.

Registrar

SCHEDULE 1 Undertakings given to the Court by the plaintiff (1)

If the Court later finds that this order has caused loss to the defendant, and decides that the defendant should be compensated for that loss, the plaintiff shall comply with any order the Court may make.

(2)

The plaintiff, in respect of any order the Court may make pursuant to paragraph (1) above, will: (a)

on or before [date] provide to the defendant security in the sum of [$ ] by causing [payment to be made into Court / a bond to be issued by an insurance company with a place of business within Singapore / a written guarantee to be issued from a bank with a place of business within Singapore / payment to the plaintiff’s solicitor to be held by the solicitor as an officer of the Court pending further order]*; and (*Delete where appropriate)

(b)

cause evidence of the provision of security to be extended to the defendant immediately after the security has been put up.

(3)

As soon as practicable the plaintiff shall [issue and] serve on the defendant [a] [the] writ of summons [in the form of the draft writ produced to the Court] [claiming appropriate relief] together with this order.

(4)

The plaintiff shall cause an affidavit to be sworn and filed [substantially in the terms of the draft affidavit produced to the Court] [confirming the substance of what was said to the Court by the plaintiff's solicitors].

(5)

As soon as practicable the plaintiff shall serve on the defendant a copy of the affidavits and exhibits containing the evidence relied on by the plaintiff.

(6)

Anyone notified of this order will be given a copy of it by the plaintiff's solicitors.

(7)

The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this order including the costs of ascertaining whether that person holds any of the defendant's assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated

for that loss, the plaintiff will comply with any order the Court may make. (8)

If this order ceases to have effect, the plaintiff will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(9)

The plaintiff shall not without the leave of the Court begin proceedings against the defendant in any other jurisdiction or use information obtained as a result of an order of the Court in this jurisdiction for the purpose of civil or criminal proceedings in any other jurisdiction.

(10)

The plaintiff shall not without the leave of the Court seek to enforce this order in any country outside Singapore [or seek an order of a similar nature including orders conferring a charge or other security against the defendant or the defendant's assets].

FORM 240 Para 84

INJUNCTION PROHIBITING DISPOSAL OF ASSETS IN SINGAPORE IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE

Suit No.

Between [Intended] Plaintiff And [Intended] Defendant BEFORE THE CHAMBERS

HONORABLE JUSTICE/DISTRICT JUDGE* ________________ IN

INJUNCTION PROHIBITING DISPOSAL OF ASSETS IN SINGAPORE

IMPORTANT:NOTICE TO THE DEFENDANT (1)

This order prohibits you from dealing with your assets up to the amount stated. The order is subject to the exceptions stated at the end of the order. You should read all the terms of the order very carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this order.

(2)

If you disobey this order you will be guilty of contempt of Court and may be sent to prison or fined.4

4

This notice is not a substitute for the indorsement of a penal notice

THE ORDER An application was made today [date] by counsel for ... the plaintiff to Justice/District Judge* [ ] by way of ex-parte summons no._____ of ____. Justice/District Judge* [ ] heard the application and read the affidavit(s) of (name) filed on (date). As a result of the application IT IS ORDERED by Justice/District Judge* [

] that:

Disposal of assets 1

(1)

(2)

The defendant must not remove from Singapore in any way dispose of or deal with or diminish the value of any of his assets which are in Singapore whether in his own name or not and whether solely or jointly owned up to the value $ . This prohibition includes the following assets in particular (a)

the property known as ... or the net sale money after payment of any mortgages if it has been sold;

(b)

the property and assets of the defendant's business known as ... (or carried on at ..) or the sale money if any of them have been sold; and

(c)

any money in the accounts numbered ....... at .....

If the total unencumbered value of the defendant's assets in Singapore exceeds $ , the defendant may remove any of those assets from Singapore or may dispose of or deal with them so long as the total unencumbered value of his assets still in Singapore remain above $ .

Disclosure of information 2

The defendant must inform the plaintiff in writing at once of all his assets in Singapore whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets. The information must be confirmed in an affidavit which must be served on the plaintiffs solicitors within ... days after this order has been served on the defendant.

EXCEPTIONS TO THIS ORDER (1)

This order does not prohibit the defendant from spending $ a week towards his ordinary living expenses and also $ a week [or a reasonable sum] on legal advice and representation. But before spending any money the defendant must tell the plaintiff's solicitors where the money is to come from.

(2)

This order does not prohibit the defendant from dealing with or disposing of any of his assets in the ordinary and proper course of business. The defendant shall account to the plaintiff [state interval] for the amount of money spent in this regard.

(3)

The defendant may agree with the plaintiff's solicitors that the above spending limits should be increased or that this order should be varied in any other respect but any such agreement must be in writing.

EFFECT OF THIS ORDER (1)

A defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

(2)

A defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees or agents or in any other way.

THIRD PARTIES (1)

Effect of this order It is a contempt of Court for any person notified of this order knowingly to assist in or permit a breach of the order. Any person doing so may be sent to prison or fined.

(2)

Set off by banks This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the defendant before it was notified of the order.

(3)

Withdrawals by the defendant No bank need enquire as to the application or proposed application of any money withdrawn by the defendant if the withdrawal appears to be permitted by this order.

[SERVICE OUT OF THE JURISDICTION AND SUBSTITUTED SERVICE (1)

The plaintiff may serve the writ of summons on the defendant at ... by .... (mode of service).

(2)

If the defendant wishes to defend the action he must enter an appearance within ..... days of being served with the writ of summons.]

UNDERTAKINGS The plaintiff gives to the Court the undertakings set out in Schedule 1 to this order.

DURATION OF THIS ORDER This order will remain in force until the trial or further order.

VARIATION OR DISCHARGE OF THIS ORDER The defendant (or anyone notified of this order) may apply to the Court at any time to vary or discharge this order (or so much of it as affects that person), but anyone wishing to do so must inform the plaintiff's solicitors.

NAME AND ADDRESS OF PLAINTIFF'S SOLICITORS The plaintiff's solicitors are:[Name of lawyer(s) having conduct of action or charge of matter.] [Name of law firm.] [Address of law firm.] Tel: [Contact telephone number.] Fax: [Contact facsimile number.] Tlx: [Contact telex number and answer back code.] Ref: [File reference of law firm.] [INTERPRETATION OF THIS ORDER (1)

In this order references to “he”, “him” or “his” include “she” or “her” and “it” or “its”.

(2)

Where there are 2 or more defendants then (unless the context indicates differently) (a)

References to “the defendants” mean both or all of them;

(b)

An order requiring “the defendants” to do or not to do anything requires each defendant to do or not to do the specified thing; and

(c)

A requirement relating to service of this order or of any legal proceedings on “the defendants” means service on each of them.] Dated this

day of

, 20

.

Registrar

SCHEDULE 1 Undertakings given to the Court by the plaintiff (1)

If the Court later finds that this order has caused loss to the defendant, and decides that the defendant should be compensated for that loss, the plaintiff shall comply with any order the Court may make.

[(2)

The plaintiff, in respect of any order the Court may make pursuant to paragraph (1) above, will:

(a)

on or before [date] provide to the defendant security in the sum of [$ ] by causing [payment to be made into Court / a bond to be issued by an insurance company with a place of business within Singapore / a written guarantee to be issued from a bank with a place of business within Singapore / payment to the plaintiff’s solicitor to be held by the solicitor as an officer of the Court pending further order]*; and (*Delete where appropriate)

(b)

cause evidence of the provision of security to be extended to the defendant immediately after the security has been put up.]

(3)

As soon as practicable the plaintiff shall [issue and] serve on the defendant [a] [the] writ of summons [in the form of the draft writ produced to the Court] [claiming appropriate relief] together with this order.

(4)

The plaintiff shall cause an affidavit to be sworn and filed [substantially in the terms of the draft affidavit produced to the Court] [confirming the substance of what was said to the Court by the plaintiff's solicitors].

(5)

As soon as practicable the plaintiff shall serve on the defendant a copy of the affidavits and exhibits containing the evidence relied on by the plaintiff.

(6)

Anyone notified of this order shall be given a copy of it by the plaintiff's solicitors.

(7)

The plaintiff shall pay the reasonable costs of anyone other than the defendant which have been incurred as a result of this order including the costs of ascertaining whether that person holds any of the defendant's assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the plaintiff will comply with any order the Court may make.

(8) If this order ceases to have effect, the plaintiff will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

FORM 241 Para 86

NOTICE OF PRE-TRIAL CONFERENCE

(Title as in action or proceedings)

To Take notice that you are required to attend before the Judge (or Registrar) on (date/time) for a pre-trial conference. And further take notice that you are required to comply with the following directions: Dated this

day of

20

. Registrar.

FORM 242 Para 86

ANCILLARY MATTERS FACT AND POSITION SHEET (Title as in action) Party Filing this Ancillary Matters Fact and Position Sheet: Plaintiff/Defendant* A.

DIVISION OF MATRIMONIAL ASSETS

I.

Matrimonial Home (See Annex A for Other Real Property)

Address of matrimonial home: [to specify] S/No.

Item

1

Valuation/Surrender value

2

Current outstanding loan (state amount and date on which that amount is outstanding) Plaintiff’s total CPF contributions

3

Information

Principal: Interest: Total:

4

Defendant’s total CPF contributions

Principal: Interest: Total:

5 6 7

Plaintiff’s total cash contributions towards purchase Defendant’s total cash contributions towards purchase Any other contributions towards this property by Plaintiff, e.g. renovations, furniture, etc.

Affidavit reference or supporting document [In this column, state exactly where the document may be found, giving the page number of the relevant affidavit or bundle of documents, as appropriate.]

S/No. 8

Item

Information

Affidavit reference or supporting document

Any other contributions towards this property by Defendant, e.g. renovations, furniture, etc.

State what party wants in respect of the matrimonial home, and how sale proceeds, if any, are to be split between parties: [to specify] II. S/No.

Other Property Owned By This Party (Excluding Real Property) Item

Value of property

[In this column, state the nature of the property: i.e. CPF monies in the party’s CPF Accounts, insurance policies, retirement/gratuity benefits etc. For example, ABC Bank account no. 1111111.]

[In this column, also state the date for which the value of the property is given. For example, S$400 as at 1 January 2006.]

Affidavit reference or supporting document [In this column, state exactly where the document may be found, giving the page number of the relevant affidavit or bundle of documents, as appropriate.]

State what this party wants as regards above assets: [to specify] III. S/No.

Other Property Owned By the Other Party (Plaintiff/Defendant*) Item [In this column, state the nature of the property: i.e. CPF monies in party’s Ordinary Account, insurance policies, etc. For example, ABC Bank account no. 1111111.]

Value of property

Affidavit reference or supporting document [In this column, state [In this column, also state the date exactly where the for which the value document may be found, giving the page of the property is number of the relevant given. For example, S$400 as affidavit or bundle of documents, as at 1 January appropriate.] 2006.]

State what this party wants as regards the other party’s above assets: [to specify]

B.

MAINTENANCE

S/No. Item 1

Party’s income

2

Party’s occupation

3

Party’s total monthly expenses

4

Children’s total monthly expenses

5

Existing maintenance order/existing voluntary payment for wife/incapacitated husband* Existing maintenance order/existing voluntary payment for children* Existing maintenance order/existing voluntary payment for household*

6 7

I.

Information

Affidavit reference or supporting document [In this column, state exactly where the document may be found, giving the page number of the relevant affidavit or bundle of documents, as appropriate.]

[State where the breakdown of the party’s expenses can be found.] [State sub-total for each child, followed by the total amount for all children.]

[State where the breakdown of the children’s expenses can be found.]

Maintenance of children

State how the children’s total expenses should be divided (i.e. whether parties are to bear them equally, whether one party is to bear all the expenses, whether the expenses are to be divided 70:30, etc.): [to specify] II.

Maintenance of wife/incapacitated husband*

State the amount the wife/incapacitated husband is asking for maintenance: [to specify]

State the amount being offered (if any) for the wife’s/incapacitated maintenance: [to specify] C.

ISSUES RELATING TO THE CHILDREN

Number of children: [to specify] Names and ages of each child: Name of child

I.

Age

Custody

State what this party wants regarding custody: [to specify] II.

Care and Control

State what this party wants regarding care and control: [to specify] III.

Access

1.

State what this party wants regarding access if:

a.

he/she* is the parent with care and control

School term access: School holiday access: Public holiday access: Others: b.

he/she* is not the parent with care and control

School term access: School holiday access: Public holiday access: Others: 2.

Proposed handover venue and person to hand over the children: [to specify]

3.

State the terms of any interim custody and access order/who presently has care and control of children and any existing access arrangements*: [to specify]

* Delete where inapplicable.

Annex A - Other Real Property State, in respect of each property: Address: Valuation/Surrender value: S/No. Item 1

Valuation/Surrender value

2

Current outstanding loan (state amount and exact date on which that amount is outstanding)

3

Plaintiff’s total CPF contributions

Information

Affidavit reference or supporting document [In this column, state exactly where the document may be found, giving the page number of the relevant affidavit or bundle of documents, as appropriate.]

Principal: Interest: Total:

4

Defendant’s total CPF contributions

Principal: Interest: Total:

5

Plaintiff’s total cash contributions towards purchase

6

Defendant’s total cash contributions towards purchase

7

Any other contributions towards this property by Plaintiff, e.g. renovations, furniture, etc.

8

Any other contributions towards this property by Defendant, e.g. renovations, furniture, etc. State what this party wants in respect of the property, and how sale proceeds, if any, are to be divided between parties:

FORM 243 Para 86(5)(b)

JOINT SUMMAR OF RELEVANT INFORMATION PART A : THE PARTIES AND THEIR INCOME S/No Particulars 1.

Date of Marriage

2.

Date of Interim Judgment

3.

Period of separation (if applicable)

4.

Occupation

5.

Monthly Income (take-home, including bonuses) based on latest Notice of Assessment

6.

Is income disputed?

Husband

Wife

Remarks

[e.g. Wife asserts that Husband earns more than what is declared in his Notice of Assessment]

PART B: THE CHILDREN

S/No

Particulars

1.

Children

Remarks Name 1. Mabel

Age 11 yrs

Special Circumstances [e.g. will be sitting for her PSLE in 2016]

2. Michael 8 yrs 3. Marie 2 yrs 2.

Custody

X

[please indicate with an “X”]

[please provide particulars]

Custody – Agreed Custody – Disputed

e.g. parties to have joint custody e.g. the Wife seeks sole custody. The Husband seeks joint custody.

3.

Care and Control

X

[please indicate with an “X”] Care and Control– Agreed Care and Control – Disputed

[please provide particulars] e.g. Wife to have care and control e.g. Husband wants care and control and Wife also wants care and control

4.

Access

X

[please indicate with an “X”] Access – Agreed Access – Disputed

[please provide particulars] e.g. Husband to have reasonable access

PART C : MAINTENANCE 1.

Maintenance for Wife Lumpsum: Multiplier x Multiplicand

Wife’s Claim

Husband’s Offer

Remarks

Husband’s Claim

Wife’s Offer

Remarks

OR Monthly periodic sum

2.

Maintenance for Incapacitated Husband Lumpsum: Multiplier x Multiplicand OR Monthly periodic sum

3.

Maintenance for Child(ren) 1st Child: Monthly periodic sum 2nd Child: Monthly Periodic sum

Claim by Wife/Husband Offer by Wife/Husband (indicate Remarks (indicate party) party)

PART D : THE ASSETS ASSETS AGREED TO BE MATRIMONIAL ASSETS

Joint Assets S/No Asset Description

If valuation is not agreed, why value is disputed Agreed valuation Gross Nett

Husband’s valuation Gross Nett

Wife’s valuation Gross Nett

1 2 3 4 Total

Wife’s Assets S/No

1 2

Asset Description

If valuation is not agreed, why value is disputed Agreed valuation Gross Nett

Husband’s valuation Gross Nett

Wife’s valuation Gross Nett

3 4 Total

Husband’s Assets S/No Asset Description

1 2 3 4 Total

If valuation is not agreed, why value is disputed Agreed valuation Gross Nett

Husband’s valuation Gross Nett

Wife’s valuation Gross Nett

LIABILITIES AGREED AS RELEVANT TO DETERMINE NETT VALUE

Liabilities (other than liabilities already accounted for above to obtain nett values) S/No Liabilities Description Joint 1 Husband’s liabilities 2 3 Wife’s liabilities 4 Total liabilities

Agreed valuation

Husband’s valuation

If valuation is not agreed, why value is disputed Wife’s valuation

ASSETS DISPUTED TO BE MATRIMONIAL ASSETS

Joint Assets S/No Asset Description

Agreed valuation Gross Nett

Husband’s valuation Gross Nett

Wife’s valuation Gross Nett

Why disputed to be a matrimonial asset / If valuation is not agreed, why value is disputed

Wife’s valuation Gross Nett

Why disputed to be a matrimonial asset/ If valuation is not agreed, why value is disputed

1 2 3 4 Total

Wife’s Assets S/No Asset Description

1 2 3 4 Total

Agreed valuation Gross Nett

Husband’s valuation Gross Nett

Husband’s Assets S/No Asset Description

1 2 3 4 Total

Agreed valuation Gross Nett

Husband’s valuation Gross Nett

Wife’s valuation Gross Nett

Why disputed to be a matrimonial asset/ If valuation is not agreed, why value is disputed

LIABILITIES DISPUTED AS RELEVANT TO DETERMINE NETT VALUE

Liabilities (other than liabilities already accounted for above to obtain nett values) S/No

Liabilities Description

Agreed valuation

Husband’s valuation

Wife’s valuation

Why disputed to be taken into account when calculating matrimonial pool of assets / If valuation is not agreed, why value is disputed

Joint 1 Husband’s liabilities 2 3 Wife’s liabilities 4 Total liabilities

PART E : DIRECT AND INDIRECT CONTRIBUTIONS S/No Item

Husband’s position

Wife’s position

1.

Direct Contribution Ratio

(H) _______% : (W) ________ %

2.

Basis for Direct Contribution Ratio (i.e. computation giving rise to S/No. 1, above)

(H) _______% : (W) ________ % [e.g. 1)Property XXXX Husband - $100,000 CPF $10,000 Cash Wife - $100,000 CPF 2) Other assets Husband – Bank account - $200,000 Shares - $10,000 Wife – Bank account - $150,000 Shares - $20,000

3.

Indirect Contribution Ratio

4.

Basis for Indirect Contribution Ratio (i.e. particulars of indirect contributions)

5.

Average Ratio

6.

Adjustments to Average Ratio (if any)

(H) _______% : (W) ________ %

(H) _______% : (W) ________ %

(H) _______% : (W) ________ % (H) _______% : (W) ________ %

(H) _______% : (W) ________ % (H) _______% : (W) ________ %

Remarks

OTHER INFORMATION

1. The order is not likely/likely* to be enforced in another jurisdiction ________________________________________________________________.

i.e.

2. There is a novel or complex point of law to be determined as follows:- (please state the point of law) __________________________________________________________________________.

3. The value of the matrimonial assets is at least S$5 million (gross value) : Yes/ No 4. Number of affidavits filed to date: Plaintiff ______ Defendant________ 5. Pending applications: Signature: _______________________ Name of Plaintiff/Plaintiff’s Counsel Date: __________________________ Name of Defendant/Defendant’s Counsel Date:

(please

list

the

jurisdictions)

FORM 244 Para 86 LETTER FOR NOTIFICATION OF SYARIAH COURT PROCEEDINGS Date To:

Officer-in-charge Originating Summons Section Family Justice Courts

ORIGINATING SUMMONS NO _____________ OF ____________ (Plaintiff) v (Defendant) HEARING ON _____________ AT ________________ Pursuant to Paragraph 86(6) of the Practice Direction, I hereby inform the Registry that:(

)

No proceedings for divorce between the Plaintiff and the Defendant in the above application have been commenced in the Syariah Court.

(

)

Proceedings for divorce between the Plaintiff and the Defendant in the above application have been commenced in the Syariah Court on _________. The summons number is __________________.

(

)

A decree or order for divorce between the Plaintiff and the Defendant in the above application has been made by the Syariah Court on __________.

(

)

A divorce between the Plaintiff and the Defendant in the above application has been registered under section 102 of the Administration of Muslim Law Act on __________.

Signature Name of Solicitor for Plaintiff/Defendant Name of Law Firm

FORM 245 Para 103 REQUEST FOR RECORD OF HEARING

Date: Official Use Only

For CAT

Manager Digital Transcription Services

Supreme Court of Singapore 1 Supreme Court Lane Singapore 178879 (Fax number: 63323952)

REQUEST FOR RECORD OF HEARING Case Number:

_____________________________________________

Names of parties:

_____________________________________________ _____________________________________________ _____________________________________________

Hearing dates: Court No (if known):

_____________________________________________ _____________________________________________

Party making request or on whose behalf request is made: _____________________________________________ (Plaintiff or Defendant or as the case may be) Name of law firm and lawyer of the requesting party: _____________________________________________ Telephone number: _____________________________________________ Facsimile number: _____________________________________________

E-mail address: _____________________________________________ File reference of law firm: 1.

_____________________________________________

We hereby apply for a record of the Court proceedings as follows: Format

Transcript in paper format

Number of copies †

Scope (1)

the full trial

(2)

part thereof *

Delivery timeline (1) 24-hour delivery (excluding Sat/Sun/ public holidays) (2) 3-day delivery

__________________________

(3) 5-day delivery

__________________________ (4) 14-day delivery __________________________ (1) the full trial (2)

(1) 24-hour delivery (excluding Sat/Sun/ public holidays)

part thereof * (2) 3-day delivery

Transcript in soft copy on CD-ROM __________________________

(3) 5-day delivery

__________________________ (4) 14-day delivery __________________________ (1)

the full trial

Audio recording on cassette tape

_____________________________ (2)

part thereof*

(1)

the full trial

Audio recording on CD-ROM

Audio recording on DVD

_____________________________

_____________________________

_____________________________ _____________________________

(2)

part thereof*

(1)

the full trial

(2)

part thereof*

_____________________________

_____________________________ _____________________________

[†Insert the number of copies required. For transcripts in paper format, the minimum order is 3 copies (1 copy for the judge and 2 copies for the parties). For details of fees payable, please refer to http://www.wordwave.com.sg/Supreme_Court_Fee_Schedule.] [*Specify dates of proceedings or names of witnesses.]

2.

We undertake:(1) To pay directly to the service provider the requisite fees for the services and audio recordings and/or transcripts requested; and (2)

If transcripts are requested, to supply to the service provider: (a) at least 2 clear working days before the commencement of the hearing or immediately upon submission of a request by any party after the hearing has concluded, one (1) copy each of such of the following documents as have already been filed in Court: (i) authorities or bundles of authorities; (ii) documentary exhibits or bundles of documents; (iii) lists of the names of witnesses; (b) a copy of any document, authority or submission tendered during the hearing by that party immediately after such document, authority or submission is tendered if such document, authority or submission has not previously been supplied to the service provider; and

(3)

Not to reproduce or transmit in any form or by any means any material contained in the transcript or on any audio record supplied to us.

_________________________________________ Name and Signature of Requesting Party/Counsel

________________________________________ Company/Law Firm Stamp

FORM 246 Para 113

NOTICE OF OBJECTIONS TO CONTENTS OF AFFIDAVITS OF EVIDENCE-IN-CHIEF (Title as in cause or matter). Take notice that the (plaintiff or defendant or as the case may be) intends to object to the contents of the several affidavits hereunder specified (or the identified portions thereof) at the trial or hearing of the cause or matter for which these were filed for the reasons stated below. 1.

The first (or second or as the case may be) affidavit of (name of

deponent) filed on (date) on behalf of the (plaintiff or defendant or as the case may be). OR 1.

Paragraphs 1, 2 and 3, and exhibits AB-1 and AB-2 of the first

(or second or as the case may be) affidavit of (name of deponent) filed on (date) on behalf of the (plaintiff or defendant or as the case may be). The grounds for this objection are (state the grounds).

Dated this Solicitors for

day of

, 20

.

FORM 247 Para 121

REQUEST FOR ATTENDANCE OF THE BAILIFF [Title as in cause or matter] I, [name of party making request], being [the plaintiff or the defendant or the plaintiff’s employee or as the case may be (or the solicitor for the plaintiff or the defendant or the plaintiff’s employee as the case may be)], hereby request that the Bailiff do attend at [the address for the attendance] on [the desired date and time of attendance] for the purpose of [the reason for the attendance]. I undertake to pay the fees prescribed by Part 19 of the Family Justice Rules in respect of the attendance requested above. Date this day of

20 .

(Signature of declarant) (Name of firm of solicitors) (if declarant is a solicitor)

FORM 248 Para 122

(Title as in the action) QUESTIONNAIRE FOR THE EXAMINATION OF (NAME OF INDIVIDUAL JUDGMENT DEBTOR) Please be informed that you, (name of judgment debtor), have been summoned by the abovementioned judgment creditor to attend at the Family Justice Courts on (date and time) to — (a)

provide answers to the questions set out herein; and

(b)

produce documents set out below: (i)

your bank statements for the past 6 months;

(ii)

your payslips for the past 3 months;

(iii)

your income tax returns and Form IR8A for the last period of assessment;

(iv)

your last 3 statements from the Central Provident Fund (CPF) Board;

(v)

your last 3 statements from the Central Depository (CDP) and/or your securities broker or fund manager in respect of your shares, bonds and/or unit trusts;

(vi)

your motor vehicle log card/printout of your vehicle registration details and hire purchase agreement in respect of your motor vehicle;

(vii)

your lease agreements, title deeds or certificates of title in respect of your properties, or your rental agreements.

Please answer these questions carefully as the Court will require you to confirm on oath that your answers are true to the best of your knowledge, information and belief. Please bring this completed questionnaire and the documents with you at the Court hearing.

IMPORTANT NOTICE: You are required to attend the hearing unless you have obtained the consent of the judgment creditor to dispense with your attendance in Court or to discharge the Order requiring your attendance. If you fail to attend the hearing without obtaining the consent of the judgment creditor, the judgment creditor may commence committal proceedings against you for your failure to attend Court. The penalty that may be imposed by Court for such failure is fine and/or imprisonment. You may therefore wish to contact the solicitor for the judgment creditor (name of law firm and solicitor having conduct of the case) at (address and telephone contact no.) to obtain the consent of the judgment creditor for the necessary dispensation and discharge. You may also choose to engage your own solicitor to advise you on your rights and duties in relation to these proceedings.

Personal particulars 1.

Full Name:

2.

NRIC/Passport No.:

3.

Home Address:

4.

Mobile Number:

5.

Email Address:

Work particulars 6.

Occupation:

7

If you are an employee, please state the following:

(a)

the name and address of your employer;

(b)

your monthly income; and

(c)

when your monthly income is paid to you and how you are paid (whether by GIRO or otherwise).

8.

If you are self-employed, please state the following:

(a)

the name and address of your business (sole proprietorship or partnership);

(b)

the nature of the business; and

(c)

your monthly income including salary, allowances, commissions and bonuses.

i Income

includes salary, allowances, commissions and bonuses

9.

Aside from your income from your employment, please state all your other sources of income and the amount received.

Particulars of your Debtors 10.

Please state whether you have any debtors. Yes / No.

If yes, please provide the details in Annex A

i Sources of income includes rental, dividends, royalties from intellectual property.

i Debtors are people who owe you money.

Particulars of your immovable properties situated locally or overseas 11.

Please state the following if you own any immovable property locally or overseas:

(a)

the address(es) of property owned;

(b)

the names of joint-owners (if any); and

(c)

the names of mortgagee/chargee (if any) and the amount outstanding.

12.

Please state if you are leasing any immovable property.

13.

Yes / No. If yes, please provide the details in Annex B. Please state if you have any tenants/subtenants in respect of your owned or leased properties. Yes/No.

If yes, please provide the details in Annex B.

i Immoveable property means houses, apartments etc.

Particulars of your motor vehicles 14.

Please state if you own a motor vehicle. Yes/No.

If yes, please provide the details in Annex B.

Particulars of your bank accounts 15. Please state the following if you have any bank accounts or safe deposit boxes: (a)

name and branch of the Bank where your account or safe deposit box is maintained;

(b)

the account number;

(c)

type of account held (e.g. current, savings, fixed deposit, overdraft);

(d)

name of joint account holder (if any);

(e)

the balance due to you at this date (for fixed deposits, please state the date of maturity and the amount due to you at that date)

Particulars of your other assets 16.

Please state if you have any insurance policies. Yes/No.

17.

Please state if you own any shares and/or unit trusts. Yes/No.

18.

If yes, please provide details in Annex C

Please state if you are a beneficiary under any trust, will or estate in intestacy. Yes/No.

19.

If yes, please provide details in Annex C

If yes, please provide details in Annex C

Please state if you are a member (whether in Singapore or overseas) of any country clubs, timeshare holiday clubs. Yes/No.

If yes, please provide details in Annex C

i Bank accounts include accounts held in your sole name or jointly with others.

20.

Please state if you own any other assets, savings or investments not listed thus far (e.g. antiques, collectibles, jewellery, paintings). Yes/No.

21.

If yes, please provide details in Annex C

What offer of repayment do you wish to make to the judgment creditor?

Additional questions by the judgment creditor 22.

(Please state additional questions if any.)

Confirmation statement I, (name of judgment debtor and NRIC No.) confirm that my answers to the questions above are true to the best of my knowledge, information and belief.

(Signature of judgment debtor) Dated this

day of

20

ANNEX A Particulars of Debtors and Creditors (From Question 10) (1) Please list the names of your debtors (i.e. people who owe you money) as follows: Name

Contact Particulars

Amount owed

Due date for How did the debt payment arise?

(2) Please state the following if you have commenced legal proceedings against your debtors to recover your debt: Name of Debtor

MC/DC/Suit No.

Amount claimed

Status of action

ANNEX B Particulars of Property Owned or Rented (From question 12) Please provide details of the immoveable property that you have leased out: (3) Name of landlord: (4) Address of rented property: (5) Period of tenancy: (6) Amount of monthly rental paid and due date of rental: (7) Whether there is any written tenancy agreement:

(From question 13) Please provide details of the tenancy of any immoveable property that you own: (8) Name of tenant: (9) Address of tenanted property: (10)

Period of tenancy:

(11)

Amount of monthly rental received and due date of rental:

(12)

Whether there is any written tenancy agreement:

(From question 14) Please provide details of any motor vehicles that you own: (13)

The registration number of the motor vehicle(s):

(14)

The colour and make of the motor vehicle(s):

(15)

Whether the motor vehicle(s) is/are on hire purchase:

(16)

If on hire purchase, the name of the finance company and the amount outstanding under the hire purchase agreement:

ANNEX C Particulars of Other Assets Insurance Policies (From Question 16) Name of Insurer

Type of policy/ Amount insured Policy No.

Monthly premium payable

(17)

Please identify the beneficiaries under your insurance policies apart from yourself:

(18)

If applicable, please state the dates when each of your insurance policies will mature and the surrender value as at this date:

Shares (From Question 17) (19)

If you own shares, please state the name of the company and the number of shares held. If you use a securities broker, please give particulars:

(20)

If you own unit trusts, please state the name of the bank/financial institution managing your unit trusts:

(21)

Please state the estimated value of the shares/unit trusts:

Beneficiary of trust, will or estate in intestacy (From Question 18) (22)

Please state the name of the person managing your beneficial interest i.e. your trustee, executor (where the deceased left a will) or administrator (where the deceased left no will):

(23)

Please state the name of the party leaving you the beneficial interest:

(24)

Please state the value of your interest:

(25)

If probate or letters of administration have been granted, please state the case no. for the grant:

Other Assets (From Question 20) (26)

Please provide details of the assets listed in Question 20 and state the estimated value of each asset and the basis for the estimation:

FORM 249 Para 122

(Title as in the action) QUESTIONNAIRE FOR THE EXAMINATION OF (NAME OF OFFICER OF JUDGMENT DEBTOR) Please be informed that you, (name of officer of judgment debtor), have been summoned by the abovementioned judgment creditor to attend at the Family Justice Courts on (date and time) to: (a)

provide answers to the questions set out herein; and

(b)

produce documents set out below: (i)

the Company’s bank statements for the past 6 months;

(ii)

the Company’s audited returns for the last period of assessment;

(iii) the Company’s last 3 statements from the Central Provident Fund (CPF) Board; (iv) the Company’s last 3 statements from the Central Depository (CDP) and/or its securities broker or fund manager in respect of its shares, bonds and/or unit trusts; (v)

the Company’s motor vehicle log card/printout of its motor vehicle registration details and hire purchase agreement in respect of the Company’s motor vehicle;

(vi) the Company’s lease agreements, title deeds or certificates of title in respect of its properties, or its rental agreements. Please answer these questions carefully as the Court will require you to confirm on oath that your answers are true to the best of your knowledge, information and belief. Please bring this completed questionnaire and the documents with you at the Court hearing. IMPORTANT NOTICE: You are required to attend the hearing unless you have obtained the consent of the judgment creditor to dispense with your attendance in Court or to discharge the Order requiring your attendance. If you fail to attend the hearing without obtaining the consent of the judgment creditor, the judgment creditor may commence committal proceedings against you for your failure to attend Court. The penalty that may be imposed by Court for such failure is fine and/or imprisonment. You may therefore wish to contact the solicitor for the judgment creditor (name of law firm and solicitor having conduct of the case) at (address and telephone contact no.) to

obtain the consent of the judgment creditor for the necessary dispensation and discharge. You may also choose to engage your own solicitor to advise you on your rights and duties in relation to these proceedings.

Personal particulars 1.

Full Name:

2.

NRIC/Passport No.:

3.

Home Address:

4.

Mobile Number:

5.

Email Address:

6.

Please state the position you are holding in the Judgment Debtor (“the Company”).

Company particulars 7.

Please state if the Company is still carrying on business:

(a)

Yes/No.

(i)

the business that the Company is presently engaged in;

(ii)

the present location of the Company’s business operations; and

(iii)

whether the Company is making trading profits or losses.

If yes, please state:

8.

Please state whether the Company declared any dividends this year or the last year: Yes/ No. If yes, please state when the dividends were declared, and how much was declared.

Remuneration 9.

Please state if the officers of the Company, including yourself, receive remuneration for work done for the Company (i.e. salary or director’s fees). Yes/No. If yes, please state how much remuneration each officer receives.

Auditors 10.

Please state the name and address of the accountants and auditors of the Company.

11.

Please state the date when the accounts of the Company were last audited.

12.

Please state the date when the Company last filed its Annual Returns with the Accounting and Corporate Regulatory Authority.

Particulars of the Company’s Debtors 13.

Please state whether anyone owes the Company money. Yes / No.

14.

If yes, please provide the details in Annex A

Please state whether the Company has taken any steps to apply or is it in the process of applying to Court for a Scheme of Arrangement to compromise its debts with its creditors under the Companies Act. Yes/No.

If yes, please state particulars.

Particulars of immovable properties situated locally or overseas i Immoveable

property means houses, apartments etc.

15.

Please state whether the Company owns any immovable property locally or overseas. Yes/No.

If yes, please provide details in Annex B.

16.

Please state the following if the Company is leasing any immovable property:

(a)

name of landlord and address of rented property;

(b)

period of tenancy, amount of monthly rental paid and due date of rental; and

(c)

whether there is any written tenancy agreement.

17.

Please state whether the Company has any tenants/subtenants in respect of the owned or leased properties. Yes/No.

If yes, please provide details in Annex B.

Particulars of the Company’s motor vehicles 18.

Please state if the Company owns any motor vehicle. Yes/No.

If yes, please provide the details in Annex B.

Particulars of the Company’s bank accounts 19.

Please state the following if the Company has any bank accounts (held solely and/or jointly) or safe deposit boxes:

(a)

name and branch of the Bank where the account or safe deposit box is maintained;

( b)

the account number;

(c)

type of account held (e.g. current, savings, fixed deposit, overdraft);

(d)

name of joint account holder (if any);

(e)

the balance due to the Company at this date (for fixed deposits, please state the date of maturity and the amount due to the Company at that date)

Particulars of the Company’s other assets 20.

Please state if the Company has any insurance policies. Yes/No.

21.

Please state if the Company owns any shares and/or unit trusts, Yes/No.

22.

If yes, please provide details in Annex C

If yes, please provide details in Annex C

Please state if the Company owns any other assets, savings or investments not listed thus far. Yes/No.

If yes, please provide details in Annex C

i Assets include antiques, collectibles, jewellery, paintings, royalties from intellectual property, club membership etc.

Other Matters 23.

Are there any goods on the Company’s premises that do not belong to the Company but belong to other people or are jointly owned with others? If so, please list the goods and how such ownership can be established.

24.

What offer of repayment do you wish to make to the judgment creditor?

Additional questions by the judgment creditor 25. (Please state additional questions if any.)

Confirmation statement I, (name of officer of judgment debtor and NRIC No.) confirm that my answers to the questions above are true to the best of my knowledge, information and belief.

(Signature of officer of judgment debtor)

Dated this

day of

20

ANNEX A

Particulars of Debtors (From Question 13) (1) Please list the names of the Company’s debtors (i.e. people who owe the Company money): Name

(2)

Contact Particulars

Amount owed

Due date for How did the debt payment arise?

Please state the following if the Company has commenced legal proceedings against its debtors to recover its debt: Name of debtor

MC/DC/Suit No.

Amount claimed

Status of action

ANNEX B Particulars of Property Owned or Leased (From Question 15) (3) Please provide details of the properties owned by the Company: (a)

Addresses of properties owned:

(b)

Names of joint-owners (if any):

(c)

Names of mortgagee/chargee (if any) and amount outstanding:

(From Question 17) (4) Please provide details of the tenancy of any immoveable property that the Company owns: (a)

Name of tenant and address of tenanted property:

(b)

Period of tenancy, amount of monthly rental received and due date of rental:

(c)

Whether there is any written tenancy agreement:

(From Question 18) (5) Please provide details of the vehicles the Company owns: (a)

The registration number, make and colour of the motor vehicle(s):

(b)

Whether the motor vehicle(s) is/are on hire purchase:

(c)

If on hire purchase, the name of the finance company and the amount outstanding under the hire purchase agreement:

ANNEX C Particulars of Other Assets Insurance Policies (From Question 20) Name of insurer

Type of policy/ Amount insured Policy No.

Monthly premium payable

(6)

Please identify the beneficiaries under the policies apart from the Company.

(7)

If applicable, please state the dates when each of the Company’s policies will mature and the surrender value as at this date.

Shares/Unit Trusts (From Question 21) (8) If the Company owns shares in another company, please state the name of the company and the number of shares held. If the Company has a securities broker, please provide particulars of the same: (9)

If the Company owns unit trusts, please state the name of the bank/financial institution managing the unit trusts:

(10)

Please state the estimated value of the shares/unit trusts and the basis for estimation:

Other Assets (From Question 22) (11) Please provide details of the assets listed in Question 22 and state the estimated value of each asset and the basis of the estimation.

FORM 250 Para 129

AFFIDAVIT VERIFYING FORM SHOWING LACK OF MEANS I, ………………………….. of …………………….. holder of *Singapore NRIC/Passport No. ………………………* make oath/affirm and say that the particulars contained in the Form Showing Lack of Means dated ………….. in relation to my request for waiver/deferment* and signed by me are true and complete to the best of my knowledge and belief. Sworn/Affirmed at ……………) this ………… day of …….20...) Before me

…………………………… Commissioner for Oaths

* Delete where applicable Note: Please note that the affidavit is to be sworn/affirmed in accordance with Form 132 of Appendix A of the Practice Directions and the above is only an illustration.

FORM 251 Para 129

[Title in action] FORM SHOWING LACK OF MEANS NOTE:

You should check if you qualify for Legal Aid (see ) before filling this form. If you qualify for Legal Aid, you can only use this form if you have applied for Legal Aid and your application has been rejected.

Section 1 Name of applicant:

Occupation:

Contact Address:

Contact phone numbers:

Section 2 This application relates to court fees for [e.g., the filing of a notice of appeal] in the sum of S$_________________ Please state if you are applying for waiver or deferment. [A waiver or deferment of appeal court fees will only be granted in exceptional circumstances]: a full waiver; a partial waiver of ____________________________; or the payment to be deferred until _________________ Date Confirm your application status:

I have not previously applied for a waiver or deferment Or I applied for a waiver or deferment on ________________ Date Please confirm if you qualify for Legal Aid:

Yes

No

If you do not qualify for Legal Aid, briefly state the reasons why this is so:

If you qualify for Legal Aid, please confirm if you have made an application with the Legal Aid Bureau: Yes

No

If you have made an application with the Legal Aid Bureau, was your application successful: Yes

No

If your application with the Legal Aid Bureau was not successful, briefly state the reasons why this is so:

Section 3 Please provide the reasons for your request (for example, details of any undue financial hardship which may be suffered by you if you had to pay the court fee): [Applicant to provide details]

Please provide information on your personal financial circumstances: I am not employed. I am employed and my total monthly income for the last 3 months is $__________. I run my own business and my total monthly income is $_____________. I am a bankrupt and my bankruptcy number is __________. Please attach the necessary documentation to support the information provided in this form, in particular: (a) (b)

To include a recent copy of your CPF Statement of Account, pay advice and a copy of your latest notice of income tax assessment; and Please answer the following questions and support your answers with the relevant documents: (i) Are you on any government financial assistance plan? If yes, please state type of assistance. (ii) Are you gainfully employed? If yes, state what your monthly income for the past 3 months is. If no, state when you were last gainfully employed and who is supporting you now. (iii) Are you suffering from any medical condition that requires long term medication or treatment? If yes, please provide us with a note from a doctor confirming that you require long term medication or treatment. (iv) Do you have any outstanding conservancy, rental, utilities or medical bills, or any other outstanding legal liabilities? If yes, please provide evidence of your liabilities.

Please state the source(s) of your income: Wages or salary: _______________________________________________________ Other source. (Please provide details.)

Please state other funds which you have:

Please state the assets in your ownership (e.g., house, other property, car, boat, shares):

Please state your debts and liabilities (e.g., mortgage, hire purchase, repayment of loans) below and attach the necessary documentation in support at the back of this form.

Please state the number of dependents which you have: ________ Please state your monthly living expenses: Mortgage/rent

$___________

Food/groceries

$___________

Electricity bills

$___________

Phone/internet

$___________

Petrol/travel

$___________

Insurance

$___________

Hire purchase

$___________

Loan repayment

$___________

Others, e.g., medical

$___________

Total monthly expenses

$___________

Please state how much income the other members of your household contribute to meeting these monthly living expenses: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________

Please state if you are able to raise the monies from other sources, and provide details of your efforts in seeking funding.

If you are the appellant, please describe the appeal. Briefly explain the grounds of the appeal.

________________ Name of applicant

________________ Signature

________________ Date

FORM 252 Para 131

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Suit No. Bill of Costs No.

of 20 of 20

GST Reg. No. (solicitors for [state the party]): [Set out the GST number] GST Reg. No. (state the party): [Indicate the GST number or “No GST No.” and the percentage of input tax applicable to each party entitled to costs.]

Between ….. Plaintiff(s) And ….. Defendant(s)

BILL OF COSTS FOR CONTENTIOUS BUSINESS - TRIALS Applicant: Nature of bill: Basis of taxation: Basis for taxation:

[State the party for whom the bill is filed.] [State whether the bill is a party-and-party or solicitor-and-client bill.] [State the basis of taxation, that is, standard or indemnity basis.] Judgment dated ________ ordering [set out the order on costs under which the bill is to be taxed, including such details as the party who is ordered to pay costs and the party entitled to claim costs.]

Section 1: Work done other than for taxation No.

Item

1.

The claim

1.1

Nature of claim

2.

Pleadings

2.1

Writ & statement of claim

Description

[Give a brief description of the nature of claim.]

[Set out the number of pages in each pleading.]

Remarks

No.

Item

Description

Remarks

2.2

Defence & counterclaim

[Set out the number of pages in each pleading.]

2.3

Reply & defence to counterclaim

[Set out the number of pages in each pleading.]

2.4

Relief claimed

[Set out succinctly the reliefs claimed in the statement of claim and counterclaim, if any.]

2.5

Affidavits deemed or ordered to stand as pleadings

[Set out the number of pages in each affidavit.]

3.

Interlocutory attendances

3.1

Interlocutory applications costs fixed by court

[Set out in relation to each interlocutory application, the application number, the nature of the application, the number of affidavits filed, the orders made on costs and the amount of costs awarded.]

[Set out the amount of time taken for the hearing and other relevant information.]

3.2

Interlocutory applications – costs not fixed by court

[Set out in relation to each interlocutory application, the application number, the number of affidavits filed, the nature of the application and the orders made on costs.]

[Set out the amount of time taken for the hearing and such other information as will enable the court to determine the costs to award for the application.]

No.

Item

Description

Remarks

3.3

Appeals to District Judge in chambers

[Set out in relation to each appeal, the appeal number, the nature of the appeal, the orders made on costs and the amount of costs awarded, if any.]

[Set out the amount of time taken for the hearing and such other information as will enable the court to determine the costs to award for the appeal.]

3.4

Pre-trial conferences

[Set out the dates of the PTCs.]

[Provide details if a substantial application is heard during a PTC and the amount of time taken.]

3.5

Other attendances

[Set out the dates and the nature of hearings if there are other attendances in court which should be taken into consideration.]

[Set out the amount of time taken for the hearing and such other relevant information as will enable the court to determine the costs to award for the hearing.]

4.

Discovery

4.1

Number of lists of documents

[Set out the number of lists of documents, including supplementary lists, filed by each party.]

4.2

Total number of documents disclosed

[Set out the number of documents, with [Provide such the total number of pages, disclosed by information as is each party.] relevant, such as the number of pages that overlap.]

No.

Item

5.

Trial

5.1

Opening statement [Set out the number of pages of opening statement filed by each party.]

5.2

Number of days and date(s) of trial

[Indicate the total number of days fixed [Provide such for trial, the actual number of days information as is taken and the date(s) of the trial.] relevant, such as whether digital or mechanical recording was used during the trial.]

5.3

Part heard

[Set out the period of time between each tranche of hearing, if any.]

5.4

Affidavits of evidence in chief – text and exhibits

[Set out the number of affidavits filed by each party and the total number of pages of text and exhibits of all affidavits filed.]

5.5

Bundle of documents

[Set out the number of volumes and the total number of pages in each bundle filed in respect of the trial.]

5.6

Witnesses at trial

[Set out the number of witnesses of fact and expert witnesses for each party.]

5.7

Closing submissions and authorities cited

[Set out the number of pages and authorities cited in the closing submissions, if any, of each party.]

5.8

Submissions in reply and authorities cited

[Set out the number of pages and authorities cited in the reply submissions, if any, of each party.]

5.9

Orders made at trial

[Set out succinctly the orders made.]

5.10 Other post-trial filings/matters 6.

Complexity of case

Description

[Set out the number of pages and authorities cited in any other documents filed by each party.]

Remarks

No.

Item

Description

6.1

Legal issues

[Set out succinctly all the legal issues raised.]

6.2

Factual issues

[Set out succinctly all the factual issues raised.]

6.3

Complexity

[Set out succinctly the matters that affect the complexity of the case.]

6.4

Grounds of decision

[Set out the number of pages in the grounds of decision and highlight the paragraph(s) where the court commented on the complexity of the case or the novelty of the issues raised.]

7.

Urgency and importance to client

7.1

Urgency

[Set out the factors that rendered the suit one of urgency for the party entitled to claim costs.]

7.2

Importance to client

[Set out the factors that rendered the suit one of importance for the party entitled to claim costs.]

8.

Time and labour expended

8.1

Number of letters/ faxes/emails exchanged between the parties

8.2

Number of letters/ [Set out the total amount of correspondence between the party faxes/emails to entitled to claim costs and counsel.] client

8.3

Meetings with opposing counsel

[Set out the total number of meetings, and the time taken for them.]

8.4

Time spent

[Set out the total number of hours spent on the case by each counsel or solicitor.]

[Set out the total amount of correspondence exchanged between the parties and also between the parties and the court.]

Remarks

No.

Item

Description

8.5

Others

[Set out any other relevant factors for the court’s consideration.]

9.

Counsel and solicitors involved

9.1

Counsel and solicitors

[List all the lawyers acting for each party and their seniority.]

9.2

Certificate of more than 2 counsel

[Indicate if the court has certified that the costs of more than two counsel are allowed.]

10.

Costs claimed

10.1 Amount claimed

Remarks

Amount claimed for [specify name of counsel or solicitor]: $ [insert amount]. [Set out in relation to each counsel or solicitor, the amount of costs claimed for Section 1, with a breakdown of – (a) the amount claimed for work done by the counsel or solicitor; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST claimed for work done, in relation to the periods for which different rates of GST are applicable.]

Section 2: Work done for taxation No.

Item

Description

11.

Work done

[Describe the work done for the preparation of the bill of costs and the taxation of the bill.]

Remarks

No.

Item

Description

Remarks

12.

Amount claimed

Total amount claimed: $ [insert amount]. [Set out the amount of costs claimed for Section 2, with a breakdown of – (a) the amount claimed for work done for Section 2; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST claimed for work done.]

Section 3: Disbursements No.

Date

Description and amount claimed

13.

[Set out in different rows the dates or period of time when each disbursement is incurred.]

Disbursements on which GST is not chargeable [Set out the amount disbursement claimed.] Disbursements chargeable

on

which

[Set out the amount disbursement claimed.]

of

Remarks

each

GST of

is

each

No.

Date

Description and amount claimed

Remarks

[ ]

-

Total amount claimed for disbursements on which GST is not chargeable: $ [insert amount]. [Set out the total amount of disbursements claimed for Section 3 on which GST is not chargeable.] Total amount claimed for disbursements on which GST is chargeable: $ [insert amount]. [Set out the total amount of disbursements claimed for Section 3 on which GST is chargeable with a breakdown of – (a) the amount claimed for disbursements for Section 3; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST disbursements,

claimed

for

in relation to the periods for which different rates of GST are applicable.]

Summary Total claimed for bill: Costs for work done other than for taxation: Section 1: [Insert sum claimed.] GST on Section 1: Costs for work done for taxation: Section 2: [Insert sum claimed.] GST on Section 2: Disbursements Section 3 (Disbursements on which GST is not chargeable): [Insert sum claimed.] Section 3 (Disbursements on which GST is chargeable): [Insert sum claimed.] GST on Section 3:

Dated this

day of

20

.

Solicitors for [State the party for whom the bill is filed]. To:

FORM 253 Para 131

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE DC/MC No. Bill of Costs No.

of 20 of 20

GST Reg. No. (solicitors for [state the party]): [Set out the GST number] GST Reg. No. (state the party): [Indicate the GST number or “No GST No.” and the percentage of input tax applicable to each party entitled to costs.]

Between ….. Plaintiff(s) And ….. Defendant(s)

BILL OF COSTS FOR CONTENTIOUS BUSINESS OTHER THAN TRIALS Applicant: Nature of bill: Basis of taxation: Basis for taxation:

[State the party for whom the bill is filed.] [State whether the bill is a party-and-party or solicitor-andclient bill.] [State the basis of taxation, that is, standard or indemnity basis.] Judgment dated ________ ordering [set out the order on costs under which the bill is to be taxed, including such details as the party who is ordered to pay costs and the party entitled to claim costs.]

Section 1: Work done other than for taxation No.

Item

Description

1.

The claim

1.1

Nature of claim

2.

Application / Proceedings

[Give a brief description of the nature of claim, such as whether the substantive claim is for breach of contract or negligence.]

Remarks

No.

Item

Description

Remarks

2.1

Nature of application or proceedings for taxation

[Give a brief description of the nature of proceedings or application to which the bill relates, e.g., for an appeal or interlocutory application.]

3.

Interlocutory attendances

3.1

Interlocutory applications costs fixed by court

[Set out in relation to each interlocutory application, the application number, the nature of the application, the number of affidavits filed, the orders made on costs and the amount of costs awarded.]

[Set out the amount of time taken for the hearing and other relevant information.]

3.2

Interlocutory applications – costs not fixed by court

[Set out in relation to each interlocutory application, the application number, the nature of the application, the number of affidavits filed and the orders made on costs.]

[Set out the amount of time taken for the hearing and such other information as will enable the court to determine the costs to award for the application.]

3.3

Appeals to District Judge in chambers

[Set out in relation to each appeal, the appeal number, the nature of the appeal, the orders made on costs and the amount of costs awarded, if any.]

[Set out the amount of time taken for the hearing and such other information as will enable the court to determine the costs to award for the appeal.]

No.

Item

Description

Remarks

3.4

Other attendances

[Set out the dates and the nature of hearings if there are other attendances in court which should be taken into consideration.]

[Set out the amount of time taken for the hearing and such other relevant information as will enable the court to determine the costs to award for the hearing.]

4.

Hearing

4.1

Number of days/hours and date(s) of hearing

[Indicate the total number of days or hours fixed for the hearing, the actual number of days or hours taken and the date(s) of the hearing.]

[Provide such information as is relevant, such as whether digital or mechanical recording was used.]

4.2

Documents (apart from written submissions and authorities)

[Set out the number of volumes and the total number of pages in each bundle filed in respect of the hearing.]

4.3

Witnesses (if any) [Set out the number of witnesses of fact and expert witnesses for each party, if any.]

4.4

Written submissions

[Set out the number of pages of the submissions, if any, filed by each party.]

4.5

Authorities cited

[Set out the number of authorities cited by each party.]

4.6

Orders made

[Set out succinctly the orders made.]

4.7

Other posthearing filings

[Set out the number of pages and authorities cited in any other documents filed by each party.]

No.

Item

Description

5.

Complexity of case

5.1

Legal issues

[Set out succinctly all the legal issues raised.]

5.2

Factual issues

[Set out succinctly all the factual issues raised.]

5.3

Complexity

[Set out succinctly the matters that affect the complexity of the case.]

5.4

Grounds of decision

[Set out the number of pages in the grounds of decision and highlight the paragraph(s) where the court commented on the complexity of the case or the novelty of the issues raised.]

6.

Urgency and importance to client

6.1

Urgency

[Set out the factors that rendered the suit one of urgency for the party entitled to claim costs.]

6.2

Importance to client

[Set out the factors that rendered the suit one of importance for the party entitled to claim costs.]

6.3

Amount involved

[Set out the amount involved in the substantive dispute between the parties.]

7.

Time and labour expended

7.1

Number of letters/ faxes/emails exchanged between the parties

7.2

Number of letters/ [Set out the total amount of correspondence between the party faxes/emails to entitled to claim costs and counsel.] client

7.3

Meetings with opposing counsel

[Set out the total amount of correspondence exchanged between the parties and also between the parties and the court.]

[Set out the total number of meetings, and the time taken for them.]

Remarks

No.

Item

Description

7.4

Time spent

[Set out the total number of hours spent on the case by each counsel or solicitor.]

7.5

Others

[Set out any other relevant factors for the court’s consideration.]

8.

Counsel and solicitors involved

8.1

Counsel and solicitors

[List all the lawyers acting for each party and their seniority.]

8.2

Certificate of more than 2 counsel

[Indicate if the court has certified that the costs of more than two counsel are allowed.]

9.

Costs claimed

9.1

Amount claimed

Amount claimed for [specify name of counsel or solicitor]: $ [insert amount]. [Set out in relation to each counsel or solicitor, the amount of costs claimed for Section 1, with a breakdown of – (a) the amount claimed for work done by the counsel or solicitor; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST claimed for work done, in relation to the periods for which different rates of GST are applicable.]

Remarks

No.

Item

Description

Remarks

Section 2: Work done for taxation No.

Item

Description

Remarks

10.

Work done

[Describe the work done for the preparation of the bill of costs and the taxation of the bill.]

11.

Amount claimed

Total amount claimed: $ [insert amount]. [Set out the amount of costs claimed for Section 2, with a breakdown of – (a) the amount claimed for work done for Section 2; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST claimed for work done.]

Section 3: Disbursements No.

Date

Description and amount claimed

12.

[Set out in different rows the dates or period of time when each disbursement is incurred.]

Disbursements on which GST is not chargeable [Set out the amount disbursement claimed.] Disbursements chargeable

on

which

[Set out the amount disbursement claimed.]

of

Remarks

each

GST of

is

each

No.

Date

Description and amount claimed

Remarks

[ ]

-

Total amount claimed for disbursements on which GST is not chargeable: $ [insert amount]. [Set out the total amount of disbursements claimed for Section 3 on which GST is not chargeable.] Total amount claimed for disbursements on which GST is chargeable: $ [insert amount]. [Set out the total amount of disbursements claimed for Section 3 on which GST is chargeable with a breakdown of – (a) the amount claimed for disbursements for Section 3; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST disbursements,

claimed

for

in relation to the periods for which different rates of GST are applicable.]

Summary Total claimed for bill: Costs for work done other than for taxation: Section 1: [Insert sum claimed.] GST on Section 1: Costs for work done for taxation: Section 2: [Insert sum claimed.] GST on Section 2: Disbursements Section 3 (Disbursements on which GST is not chargeable): [Insert sum claimed.] Section 3 (Disbursements on which GST is chargeable): [Insert sum claimed.] GST on Section 3:

Dated this

day of

20

.

Solicitors for [State the party for whom the bill is filed].

To:

FORM 254 Para 131

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Bill of Costs No.

of 20

GST Reg. No. (solicitors for [state the party]): [Set out the GST number] GST Reg. No. (state the party): [Indicate the GST number or “No GST No.” and the percentage of input tax applicable to each party entitled to costs.]

In the matter of …

BILL OF COSTS FOR NON-CONTENTIOUS BUSINESS Applicant: Nature of bill: Basis of taxation: Basis for taxation:

[State the party for whom the bill is filed]. Solicitor-and-client bill Indemnity basis [Set out the basis under which the bill of costs may be taxed.]

Section 1: Work done other than for taxation No.

Item

Description

1.

The work done

1.1

Nature of work

1.2

[Give a brief description of the scope of Scope of brief (including relevant the brief.] court orders, if any)

1.3

Period of work

2.

Complexity of matter

2.1

Legal issues

[Give a brief description of the nature of work to which the bill relates.]

[State the period(s) of time in which the work was done.]

[Set out succinctly all the legal issues raised.]

Remarks

No.

Item

Description

Remarks

2.2

Factual issues

[Set out succinctly all the factual issues raised.]

2.3

Complexity

[Set out succinctly the matters that affect the complexity of the work.]

2.4

Amount involved

[Set out the amount involved in relation to the work done.]

3.

Time and labour expended

3.1

Number of letters/ faxes/emails exchanged with others

3.2

Number of letters/ [Set out the correspondence.] faxes/emails to client

3.3

Meetings with client

[Set out the total number of meetings and the time taken.]

3.4

Meetings with other parties (by class)

[Set out the total number of meetings and the time taken.]

3.5

Documents (including legal opinions)

[Set out the total number of pages of documents perused and legal opinions rendered.]

3.6

Time spent

[Set out the total number of hours spent on the case by each counsel or solicitor.]

3.7

Other relevant work

[Set out any other relevant factors for the court’s consideration.]

4.

Counsel and solicitors involved

4.1

Solicitor

[Set out the total amount of correspondence exchanged between the parties and also between the parties and the court.] total

amount

of

[List all the lawyers acting for each party and their seniority.]

No.

Item

5.

Costs claimed

5.1

Amount claimed

Description

Remarks

Amount claimed for [specify name of counsel or solicitor]: $ [insert amount]. [Set out in relation to each counsel or solicitor, the amount of costs claimed for Section 1, with a breakdown of – (a) the amount claimed for work done by the counsel or solicitor; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST claimed for work done, in relation to the periods for which different rates of GST are applicable.]

Section 2: Work done for taxation No. 6.

Item

Description

Work done

[Describe the work done for the preparation of the bill of costs and the taxation of the bill.]

Remarks

No. 7.

Item

Description

Amount claimed

Total amount amount].

Remarks claimed:

$ [insert

[Set out the amount of costs claimed for Section 2, with a breakdown of – (a) the amount claimed for work done for Section 2; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST claimed for work done.]

Section 3: Disbursements No. 8.

Date

Description and amount claimed

[Set out in different rows the dates or period of time when each disbursement is incurred.]

Disbursements on which GST is not chargeable [Set out the amount disbursement claimed.] Disbursements chargeable

on

which

[Set out the amount disbursement claimed.]

of

Remarks

each

GST of

is

each

No. [ ]

Date

Description and amount claimed

Remarks

-

Total amount claimed for disbursements on which GST is not chargeable: $ [insert amount]. [Set out the total amount of disbursements claimed for Section 3 on which GST is not chargeable.] Total amount claimed for disbursements on which GST is chargeable: $ [insert amount]. [Set out the total amount of disbursements claimed for Section 3 on which GST is chargeable with a breakdown of – (a) the amount claimed for disbursements for Section 3; (b) the percentage of input tax for which a party entitled to claim costs is not entitled to credit; (c) the amount of input tax for which a party entitled to claim costs is not entitled to credit; and (d) the GST disbursements,

claimed

for

in relation to the periods for which different rates of GST are applicable.]

Summary Total claimed for bill: Costs for work done other than for taxation: Section 1: [Insert sum claimed.] GST on Section 1: Costs for work done for taxation: Section 2: [Insert sum claimed.] GST on Section 2: Disbursements Section 3 (Disbursements on which GST is not chargeable): [Insert sum claimed.] Section 3 (Disbursements on which GST is chargeable): [Insert sum claimed.] GST on Section 3:

Dated this

day of

20

.

Solicitors for [State the party for whom the bill is filed]. To:

FORM 255 Para 133

NOTICE OF DISPUTE ON BILL OF COSTS

IN THE FAMILY JUSTICE COURTS THE REPUBLIC OF SINGAPORE Suit No.

of

Bill of Costs No. of Between .... Plaintiff And .... Defendant costs No.

Take notice that the solicitors for the intend to dispute the bill of of lodged in the abovenamed cause or matter. NOTICE OF DISPUTE ITEM

1.

P/Q

[Specify grounds of dispute for each item - Stating that `amount claimed is excessive' is not sufficient.]

Section 1 (Party & Party) [List items disputed]

2.

Section 2 (Work done for taxation)

3.

Section 3 (Disbursements)

GROUNDS OF DISPUTE

[Specify grounds of dispute for each item - Stating that `amount claimed is excessive' is not sufficient.]

[List items disputed]

Dated this

day of ABC & CO.

(Address of Solicitors)

FORM 256 Para 137 COSTS SCHEDULE

SUIT [ STATE THE SUIT NUMBER]

Between

…Plaintiff And

…Defendant

[State the party for whom the costs schedule is filed e.g., PLAINTIFF’S OR DEFENDANT’S] COSTS SCHEDULE

Stage of proceedings

Work done

Estimated party-andparty costs (Section I Costs)

Disbursements (Section III Costs)

[Give a brief description of the nature of claim, such as whether the substantive claim is for breach of contract or negligence]. [Set out the estimated [Set out the amount of disbursements [Give a brief description of the [Give a brief description party-and-party costs to be incurred. There is no need for a work done, the documents filed of the nature of each claimed for each stage of breakdown of standard disbursements (including the affidavits filed), the stage of proceedings, such as filing fees, service fees, number of each document filed, the proceedings if successful.] e.g., close of pleadings transport charges, photocopying amount of time taken for the and completion of charges, telephone and facsimile hearing, and such other relevant general discovery] charges. There should be a breakdown information as will enable the of expert fees, assessor fees, translator Court to determine the costs to be fees, hearing fees and such other nonawarded]. standard items of disbursements as the Court may specify].

TOTAL

Total

COMPLETED INTERLOCUTORY APPLICATIONS/INTERLOCUTORY APPEALS WITH COSTS ORDERS MADE IN [State the party for whom the costs schedule is filed e.g., PLAINTIFF’S or DEFENDANT’S] FAVOUR

Completed interlocutory applications with costs orders made and quantum fixed Interlocutory Work done Quantum of costs order Application [Set out in relation to each interlocutory application, the application number and the nature of the application, e.g., striking out.]

[Set out in relation to each interlocutory application, the documents filed (including the affidavits filed), the number of pages of each document filed, the amount of time taken for the hearing, and such other relevant information as enabled the Court to determine the costs awarded for the application].

[Set out in relation to each interlocutory application, the amount of costs awarded].

Disbursements (Section III Costs)

Costs recovered or to be recovered

[Set out the amount of disbursements incurred. There is no need for a breakdown of standard disbursements such as filing fees, service fees, transport charges, photocopying charges, telephone and facsimile charges. There should be a breakdown of non-standard items of disbursements as the Court may specify].

[Set out the total amount of costs (inclusive of disbursements) recovered or to be recovered].

Completed interlocutory applications with costs orders made but quantum not fixed Interlocutory Work done Estimated party-andApplication party costs [Set out in relation to each interlocutory application, the application number and the nature of the application, e.g., striking out.]

[Set out in relation to each interlocutory application, the documents filed (including the affidavits filed), the number of pages of each document filed, the amount of time taken for the hearing, and such other relevant information as will enable the Court to determine the costs to be awarded for the application].

[Set out in relation to each interlocutory application, the party-and party costs to be claimed].

Disbursements (Section III Costs)

Estimated Costs to be recovered

[Set out the amount of disbursements incurred. There is no need for a breakdown of standard disbursements such as filing fees, service fees, transport charges, photocopying charges, telephone and facsimile charges. There should be a breakdown of non-standard items of disbursements as the Court may specify].

[Set out the estimated total amount of costs (inclusive of disbursements) to be recovered].

TOTAL

♦ The figures in the tables above exclude GST (if applicable), costs of taxation, costs of any appeals (which have not taken place and which are not anticipated as at the date of this costs schedule) and costs of enforcing any judgment.

FORM 257 Para 143

APPLICATION TO BE REGISTERED USER OF THE ELECTRONIC FILING SERVICE [Letterhead of law firm or organisation] [Date] The Registrar Supreme Court 1 Supreme Court Lane Singapore 178879 (Attn: eLitigation Project Director) Dear Sir APPLICATION TO BE REGISTERED USER OF THE ELECTRONIC FILING SERVICE

I, [name of managing partner of law practice], am the managing partner of [name of law practice], [law practice UEN], and I am duly authorised to make this application on behalf of [name of law practice]. 2.

The law practice of [name of law practice] hereby applies to be a registered user of the electronic filing service, eLitigation, established under Part 18 Division 68 of the Family Justice Rules.

3.

As required under Order 63A, I hereby designate (name of appointed administrator), NRIC/FIN (NRIC/FIN number of appointed administrator), as an authorised user to administer the service on behalf of my law practice. The SingPass identification code of the said authorised user is his NRIC/FIN number.

4.

The duly completed application form and subscriber agreement with the designated electronic filing service provider, CrimsonLogic Pte Ltd, for the use of the electronic filing service, eLitigation, and the duly completed application form for interbank GIRO payment facilities for the payment of all fees and charges incurred by my law practice’s use of the electronic filing service are annexed hereto.

Yours faithfully

[Signature of authorised signatory] [Name and designation of authorised signatory]

For Official Use Only  Approved

 Rejected

Signature/Date

FORM 258 Para 157

REQUISITION FOR IMPRESSED STAMPS FAMILY JUSTICE COURTS, SINGAPORE REQUISITION FOR IMPRESSED STAMPS Name of Applicant

Telephone No.

Address

Description of document(s) to be stamped

No. of documents

No. of pages (if applicable)

Duty on each document $ C

Total $

1 2 3 4 5 6 7 8 9 10 Total no. of documents

Total amount payable

BANK: CHEQUE NO.: `

Receipt No.

____________ Cashier

____________ Date

_____________

C

FORM 259 Para 158

UNDERTAKING TO COURT TO E-FILE DOCUMENTS 1. I, _______(name of applicant/solicitor)_____, of _____(address)_____, do hereby undertake to the Court to file the following documents via the Electronic Filing Service (EFS)# by _____(date)_____: (a)

the Originating Summons*;

(b)

the Summons*;

(c) the affidavit(s) of _____(name of deponent)_____ affirmed on ____(date)___; and (d)

the draft and final Order of Court if granted by the Court.

2. I understand that if I should fail to carry out my undertaking, I am liable to be punished for non-compliance with an order of the Court.

(Signature) ______________________________ Name of Applicant / Applicant’s solicitor Date : __________________ # For a non-EFS subscriber, the documents may be e-filed at the LawNet & CrimsonLogic Service Bureau located at: 133 New Bridge Road, #19-01/02 Chinatown Point, Singapore 059413 Tel: (65) 6538 9507 Fax: (65) 6438 6350 The operating hours are: Mondays to Fridays : 9.00am to 5:00pm; and Saturdays : 9.00am to 12:30pm.

* Delete where inapplicable

FORM 260 Para 158

ORDER OF COURT TO PREVENT THE REMOVAL OF A CHILD OUT OF JURISDICTION

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Divorce Suit No. of Between [Plaintiff’s Name] (NRIC No.

)... Plaintiff

And [Defendant’s Name] (NRIC No.

)... Defendant

ORDER OF COURT BEFORE THE DISTRICT JUDGE [Name]________________

IN CHAMBERS

IMPORTANT: Notice to the defendant/plaintiff* This Order requires you to return one or more children to the custody of his/her/their lawful guardian/parent and prevents you from leaving Singapore with the child/children without the permission of the Court. You should read all the terms of this Order very carefully. You are advised to consult a solicitor as soon as possible. You have a right to apply to the Court to vary or discharge this Order. If you disobey this Order, you will be guilty of contempt of Court and may be sent to prison or fined. (This notice is not a substitute for the endorsement of a penal notice.)

THE ORDER An application was made today [date] by [Counsel for] the plaintiff/defendant* to the District Judge [name] by way of ex-parte Originating Summons No.____ of 20__. The District Judge [name] heard the application and read the affidavit(s) of [name] filed on [date]. As a result of the application — IT IS ORDERED by the District Judge that:

(a)

the child/children [names of child/children] shall be returned to the custody of his/her lawful guardian/parent [name];

(b)

the defendant/plaintiff* shall hand over to the plaintiff/defendant* forthwith, the child/children’s unexpired passport(s) of any country, visas, and other travel documents pending the outcome or further orders made on this application and/or these proceedings;

(c)

the defendant/plaintiff*, whether by herself/himself* or by her/his* servants or agents shall be restrained from removing [name of child/children] from Singapore pending the outcome or further orders made on this application and/or these proceedings; and

(d)

[insert any other orders made by the Court in relation to the application]

Effect of this Order If you are required under this Order not to do something, you must not do it yourself or in any other way. You must not do it through others acting on your behalf or on your instructions or with your encouragement. Third Parties It is a contempt of Court for any person notified of this Order to knowingly assist in or permit a breach of the Order. Any person doing so may be sent to prison or fined. Undertakings The plaintiff /defendant* must give to the Court the undertakings set out in Schedule 1 to this order. Duration of this Order This Order shall remain in force until the trial or further order made by the Court. Variation or discharge of this Order The defendant / plaintiff* (or anyone notified of this order) may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but anyone wishing to do so must inform the plaintiff's/ defendant’s* solicitors. Dated the

day of

20 REGISTRAR

Schedule 1 (Undertakings provided in writing by the plaintiff/defendant*) 1. If the Court later finds that this Order or the carrying out of this Order has caused loss to the plaintiff/defendant*, and decides that the plaintiff/defendant* should be compensated for that loss, the plaintiff / defendant* shall comply with any order that the Court may make with regard to the payment of such compensation. 2. The plaintiff/defendant* shall provide any form of security including a banker’s guarantee for any sum as may be ordered by the Court for the purpose of securing against any loss caused to the plaintiff/defendant* arising from the Order or the carrying out of the said Order. 3. The plaintiff / defendant* shall pay the reasonable costs of anyone other than the plaintiff / defendant* which have been incurred as a result of this order and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the plaintiff/defendant* shall comply with any order the Court may make. 4. At the same time this Order is served on the defendant/plaintiff*, the plaintiff/defendant* shall serve on the defendant/plaintiff* a copy of the application, supporting affidavits and exhibits containing the evidence relied on by the plaintiff/defendant*. If the application and supporting affidavits have not been filed, the plaintiff/defendant* shall serve the same within 1 working day from the filing of the application and supporting affidavits.

FORM 261 Para 158

ORDERS MADE UNDER SECTION 14 OF THE GUARDIANSHIP OF INFANTS ACT

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF No. Between [Plaintiff’s Name] (NRIC No.

)... Plaintiff

And [Defendant’s Name] (NRIC No.

)... Defendant

ORDER OF COURT BEFORE THE DISTRICT JUDGE [Name]________________

IN CHAMBERS

IMPORTANT: Notice to the defendant/plaintiff* This Order requires you to return one or more children to the custody of his/her/their lawful guardian/parent and prevents you from leaving Singapore with the child/children without the permission of the Court. You should read all the terms of this Order very carefully. You are advised to consult a solicitor as soon as possible. You have a right to apply to the Court to vary or discharge this Order. If you disobey this Order, you will be guilty of contempt of Court and may be sent to prison or fined. (This notice is not a substitute for the endorsement of a penal notice.)

THE ORDER An application was made today [date] by [Counsel for] the plaintiff/defendant* to the District Judge [name] by way of ex-parte Originating Summons No.____ of 20__. The District Judge [name] heard the application and read the affidavit(s) of [name] filed on [date]. As a result of the application — I.

IT IS ORDERED by the District Judge that: (a)

the child/children [names of child/children] shall be returned to the custody of his/her/their lawful guardian/parent [name];

II.

(b)

the defendant/plaintiff* shall hand over to the plaintiff/defendant* forthwith, the child/children’s unexpired passport(s) of any country, visas, and other travel documents pending the outcome or further orders made on this application and/or these proceedings;

(c)

the defendant/plaintiff*, whether by herself/himself* or by her/his* servants or agents shall be restrained from removing [name of child(ren)] from Singapore pending the outcome or further orders made on this application and/or these proceedings;

(d)

for the purposes of enforcing this Order, the Bailiff be hereby directed to seize the person(s) of the child/children [name] at the place of execution at [name specific address of execution] and the child/children be delivered into the custody of his/her/their lawful guardian/parent [name]; and

(e)

[insert any other orders made by the Court in relation to the application]

IT IS FURTHER ORDERED by the District Judge that — (a)

the plaintiff/defendant* shall accompany the Bailiff to the place of execution to identify the child/children [name];

(b)

the Bailiff shall also be accompanied by the following persons to the place of execution: (i)

the plaintiff/defendant*;

(ii)

the plaintiff’s/defendant’s* Counsel;

(iii)

an auxiliary police officer engaged by the plaintiff/defendant* at the plaintiff’s/defendant’s* cost, subject to the condition that where the person against whom the execution is to be carried out or the child/any of the children concerned is a female, the auxiliary police officer to be engaged shall be a female officer.

(c)

as far as is practicable, the child/children shall be handed over to the plaintiff/defendant* at the place of execution;

(d)

the plaintiff/defendant* or the plaintiff’s/defendant’s* Counsel shall pay to the Court prior to the enforcement of this Order a deposit of S$300 by cheque made payable to “Registrar of Supreme Court”;

(e)

the Bailiff shall have the absolute discretion to do any or all of the following without having to give any reasons: (i)

take all necessary measures to ensure the personal safety of all persons (including the child/children or the Bailiff) involved in the execution;

(ii)

postpone the execution or any part thereof; and

(f)

nothing in this Order shall be construed to empower the Bailiff to effect entry into any building or break open any outer or inner door or window of the building or any receptacle therein.

Effect of this Order If you are required under this Order not to do something, you must not do it yourself or in any other way. You must not do it through others acting on your behalf or on your instructions or with your encouragement. Third Parties It is a contempt of Court for any person notified of this Order to knowingly assist in or permit a breach of the Order. Any person doing so may be sent to prison or fined. Undertakings The plaintiff/defendant* must give to the Court the undertakings set out in Schedule 1 to this Order. The plaintiff’s counsel/defendant’s counsel* must give to the Court the undertakings set out in Schedule 2 to this Order.

Duration of this Order This Order will remain in force until the trial or further order made by the Court.

Variation or discharge of this Order The defendant/plaintiff* (or anyone notified of this order) may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but anyone wishing to do so must inform the plaintiff's/ defendant’s solicitors. Dated the

day of

20

REGISTRAR Schedule 1 (Undertakings provided in writing by the plaintiff/defendant*) 1. If the Court later finds that this Order or the carrying out of this Order has caused loss to the plaintiff/defendant*, and decides that the plaintiff/defendant* should be compensated for that loss, the plaintiff/defendant* shall comply with any order that the Court may make with regard to the payment of such compensation. 2. The plaintiff/defendant* shall provide any form of security including a banker’s guarantee for any sum as may be ordered by the Court for the purpose of securing against any loss caused to the plaintiff / defendant* arising from the Order or the carrying out of the said Order. 3. The plaintiff/defendant* shall pay the reasonable costs of anyone other than the plaintiff/defendant* which have been incurred as a result of this order and if the

Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the plaintiff/defendant* shall comply with any order the Court may make. 4. At the same time this Order is served on the defendant/plaintiff*, the plaintiff/defendant* shall serve on the defendant/plaintiff* a copy of the application, supporting affidavits and exhibits containing the evidence relied on by the plaintiff/defendant*. If the application and supporting affidavits have not been filed, the plaintiff/defendant* shall serve the same within 1 working day from the filing of the application and supporting affidavits. 5. The plaintiff/defendant* shall indemnify the Family Justice Courts and the Bailiffs and keep them indemnified at all times against — (a) all claims and payments for which the Family Justice Courts or the Bailiffs may, in the course of executing this Order, be rendered legally liable, and (b) all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Family Justice Courts or the Bailiffs or incurred or become payable by the Family Justice Courts or the Bailiffs in the course of executing this Order. 6. The plaintiff/defendant* shall pay the costs, expenses and charges which may have to be incurred by the Court and/or the Bailiffs in connection with this Order, including the execution thereof. 7.

As and when required by the Court or the Bailiffs, the plaintiff/defendant* shall provide sufficient funds to the Court or the Bailiffs to meet the costs, expenses and charges which may have to be incurred by the Court and/or the Bailiffs in connection with this Order, including the execution thereof.

Schedule 2 (Undertakings provided in writing by the plaintiff’s/defendant’s* Counsel) 1. The plaintiff’s/defendant’s* Counsel shall personally ensure that this Order is executed in a calm and orderly manner respectful of the circumstances of the case. 2. The plaintiff’s/defendant’s* Counsel shall pay the costs, expenses and charges which may have been incurred by the Court and/or the Bailiffs in connection with this Order, including the execution thereof, if such costs, expenses and charges are not fully paid by the plaintiff/defendant*. 3. As and when required by the Court or the Bailiffs, the plaintiff’s/defendant’s Counsel shall provide sufficient funds to the Court or the Bailiffs to meet the costs, expenses and charges which may have to be incurred by the Court and/or the Bailiffs in connection with this Order, including the execution thereof.

FORM 262 Para 158

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF No. Between [Name] …Plaintiff And [Name] …Defendant

WRIT FOR SEIZURE To the Bailiff Whereas by an Order of this Court pronounced this day, it was ordered that the infant [….] be returned to the custody of his/her lawful guardian, [….]. You are directed to seize the person of the infant […] and the infant be delivered into the custody of his/her lawful guardian. Dated this

day of

20

Registrar

FORM 263 Para 158

IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE OSF No. Between [Name] …Plaintiff And [Name] …Defendant

REQUEST FOR WRIT FOR SEIZURE Name of person entitled to execution (applicant) : Address of applicant : Name of Solicitor for applicant : Address of the Solicitor for applicant : Hereby request the Registrar to issue a Writ for Seizure to be executed at the Address of Execution to seize the person of the infant [name of infant] and the infant be returned to the custody of his/her lawful guardian. Name of person subject to execution (respondent): Address of Execution : Attached herewith is a copy of the Order of Court duly sealed. UNDERTAKING AND DECLARATION 1. I/We hereby undertake to pay all your charges. Please appoint a suitable date to execute the Writ for Seizure. 2. I/We hereby declare that as at the date of this Request, the person of the infant [name of infant] is not subject to any other execution or order issued by the Family Justice Courts or the High Court. 3. I/We hereby declare that, as at the date of this declaration, I/we have reason to believe that the person subject to execution will be at the Address of Execution together with the infant [name of infant]. (State the grounds of belief) NAME OF DECLARANT : Date of filing :

FORM 264 Para 158

APPLICANT’S LETTER OF INDEMNITY Date: The Bailiff Dear Sir 1. I confirm that I have obtained a Court Order under section 14 of the Guardianship of Infants Act (Cap 122). 2 I confirm that I have placed a deposit of $300 by cheque no. ___________________ made payable to “Registrar of Supreme Court” * as part of the Bailiff’s expenses in executing the Order. OR I undertake to place a deposit of $300 by cheque made payable to “Registrar of Supreme Court”* by _______(date)_______ as part of the Bailiff’s expenses in executing the Order. 3. I understand and agree that should the bailiff’s expenses of execution exceed $300, I shall, as and when required by the Court or the Bailiff, provide sufficient funds to the Court or the Bailiff to meet the shortfall. 4. I shall pay all the costs, expenses and charges which may have to be incurred by the Court and or the Bailiff in connection with this Order including the execution thereof. 5. I shall indemnify and keep the Family Justice Courts and the Bailiffs indemnified at all times hereinafter against — (a) all claims and payments for which the Family Justice Courts or the Bailiffs may, in the course of executing this Order, be rendered legally liable, and (b) all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Family Justice Courts or the Bailiffs or incurred or become payable by the Family Justice Courts or the Bailiffs in the course of executing this Order. (Signature) ____________________________ Name of plaintiff/defendant* *Delete if inapplicable

FORM 265 Para 158

UNDERTAKING TO PAY COMPENSATION/DAMAGES TO THE PLAINTIFF/DEFENDANT/OTHER PERSON* AND TO SERVE DOCUMENTS I, _______(name of plaintiff / defendant)_____, of _____(address)_____, do hereby undertake to the Court as follows: 1. If the Court later finds that the Order dated _____or the carrying out of the said Order has caused loss to the plaintiff / defendant,* and decide that the defendant / plaintiff* should be compensated for that loss, I shall comply with any order that the Court may make with regard to the payment of such compensation. 2. I shall provide any form of security including a Banker’s Guarantee for any sum as may be ordered by the Court for the purpose of securing against any loss caused to the plaintiff / defendant* arising from the Order or the carrying out of the said Order. 3. If the Court later finds that this Order has caused loss to anyone other than the plaintiff / defendant* as a result of this order and decides that such person should be compensated for that loss, I shall comply with any order the Court may make with regard to the payment of such compensation and shall pay the reasonable costs of such a person. 4. At the same time this Order is served on the defendant / plaintiff*, I shall serve on the defendant / plaintiff* a copy of the application, supporting affidavits and exhibits containing the evidence relied on by the plaintiff / defendant*. If the application and supporting affidavits have not been filed, I shall serve the same within 1 working day from the filing of the application and supporting affidavits. I understand that if I should fail to carry out my undertaking, I am liable to be punished for non-compliance with an order of the Court.

(Signature) ______________________________ Name of plaintiff / defendant* Date : __________________ *Delete if inapplicable

FORM 266 Para 158

UNDERTAKINGS TO BE PROVIDED BY THE PLAINTIFF’S/DEFENDANT’S* COUNSEL I

[name of counsel]

of

[name of law firm] hereby undertake as follows:

1. To personally ensure that this order is executed in a calm and orderly manner respectful of the circumstances of the case. 2. To pay the costs, expenses and charges which may have been incurred by the Court and/or the Bailiff in connection with this Order including the execution thereof, if such costs, expenses and charges are not fully paid by the plaintiff / defendant*. 3. To provide as when required by the Court or the Bailiff, sufficient funds to the Court or the Bailiff to meet the costs, expenses and charges which may have to be incurred by the Court and/or the Bailiff in connection with this Order, including the execution thereof.

(Signature) ______________________________ Name of Plaintiff’s/Defendant’s* counsel Date : __________________ *Delete if inapplicable

FORM 267 Para 162

SPECIMEN GOVERNMENT MEDICAL CERTIFICATE

ORIGINAL

MEDICAL CERTIFICATE

Name

Serial No. NRIC No.

*This is to certify that the abovenamed is unfit for duty for a period of .......................................................................... ..................................................................... days from ...................................... to ...................................... inclusive. Type of medical leave granted —  Hospitalisation Leave

Outpatient Sick Leave.

Admitted on .......................

 Maternity Leave.

Delivered on ...........................................

Discharged on .....................

 Sterilization Leave.

Operated on ............................................

This Certificate is *valid/not valid for absence from court attendance. Diagnosis

Surgical Operation (if applicable)

*Fit for normal/light duty from ....................................................... to ........................................................ *The abovenamed patient attended my clinic at ................................. am/pm and left at ................................. am/pm. No medical leave is necessary Hospital/Clinic

Ward No. Date

MD 965

*Delete as necessary

Signature, Name (In BLOCK LETTERS) and Designation

FORM 268 Para 168

REQUEST FOR RE-FIXING OF HEARING DATE Case No: D/OS* No. ___________________________ Type of Hearing ( ) Contested divorce ( ) Uncontested divorce (please tick) ( ) Ancillary matters ( ) Recording of consent orders ( ) OS Hearing ( ) SUM Hearing ( ) Status Conference ( ) Case conference ( ) Registrar’s Appeal / Taxation / Further Arguments* ( ) Others (please specify) _________________________________ Date / Time of Hearing (To indicate if it is a special date) A. Particulars of party making the request Name of solicitor Name of law firm Tel No. Fax No. B. Particulars of the other parties Name of solicitor Name of law firm Tel No. Fax No. C. Reason for Request (Please state (with documentary evidence if relevant) why an adjournment is warranted. If the reason is a conflict of court dates, please explain how this situation arose and when and how dates for the relevant hearings were given The case number, nature of hearing, date and time of hearing and the relevant Court are also to be stated. All supporting documents are to be submitted.)

D. Has the other party been informed? ( ) Yes ( ) No

E. Has the other party consented to this Request? ( ) Yes ( ) No

_________________________ Name and Signature of lawyer making request FOR OFFICIAL USE ONLY Request is approved: Yes / No / Further information required * ________________________ Date

____________________________ District Judge / Assistant Registrar

FORM 269 Para 170

SPECIMEN AUTHORISATION CARD

AUTHORISATION CARD FOR COLLECTION OF MAIL AND COURT DOCUMENTS The holder of this card .......................... (Name) ............... (NRIC No.) is authorised to collect mail and Court documents for M/s ..................................................... for the year ending 31 December 2004. AUTHORISATION CARD NO. .............. (Seal, signature and date) M/s ................................................

Advocates and solicitors

APPENDIX B DISCOVERY AND INSPECTION OF ELECTRONIC DOCUMENTS Part 1: Agreed electronic discovery protocol (1)

Scope of electronic discovery (a) General discovery of the following class or classes of electronically stored documents shall be given: [eg Electronic mail, correspondence, letters, etc.] (b) The party giving discovery shall take reasonable steps to decrypt encrypted files or encrypted storage locations, media or devices in order to identify discoverable electronically stored documents. This may include taking reasonable steps to obtain the decryption code and/or using reasonable technical means to perform decryption of the encrypted files or encrypted storage locations, media or devices. (c) For the avoidance of doubt, electronically stored documents residing in folders or directories in storage locations, media or devices, including folders or directories where temporarily deleted files are located (for example the Recycle Bin folder or Trash folder) are within the scope of general discovery; deleted files or file fragments containing information which are recoverable through the use of computer forensic tools or techniques during a forensic inspection of the unallocated file space or file slack are not within the scope of general discovery.

(d) Reasonable search. The search terms or phrases specified in the first column will be used in the conduct of a reasonable search for relevant electronically stored documents. The reasonable search will be limited by the scope described in the second column. Search term or phrase [Specify the keyword(s).]

(2)

Scope [Describe the scope of the search by reference to physical or logical storage locations, media or devices, the period during which the requested electronically stored document was created, modified or received, etc.]

Format of list The list of documents shall categorise and list electronically stored documents separately from documents in printed or other form. The list of documents enumerating electronically stored documents shall include the following columns: [eg description of the electronically stored document, the name of the corresponding soft copy file, the file format (and its version) of the electronic document, the hash value of the file, etc] An index of documents enumerated in the list of documents shall be provided in an electronic spreadsheet in the [eg Excel 2007 Binary (.xls), Comma Separated Value (.csv), etc] file format.

(3)

Review for privileged material Nothing in this protocol shall prevent the party giving discovery from reviewing the documents in any list provided hereunder for the purpose of claiming privilege. If the party giving discovery claims privilege over any document or record, he shall list the electronic documents or class of electronic documents over which privilege is claimed in the list of documents.

(4)

Inspection and copies (a) Arrangements for inspection. The place for inspection of discoverable electronic documents should be stated separately if it is different from the place

for inspection of other discoverable documents. If the party entitled to inspect intends to inspect through or with the assistance of its appointed computer expert, such computer expert shall provide an undertaking of confidentiality to the party giving inspection before he commences his inspection. (b) Supply of copies. During inspection, copies shall not be taken. If copies are required, a request should be made. Electronic copies of discoverable documents will be supplied in their native format and in read-only optical discs upon request. Electronic copies of discoverable documents where privilege is claimed only with respect to their internally stored metadata information will be supplied in the Tagged Image File Format (or TIFF) with privileged metadata information removed. For each of the read-only optical discs supplied, a further list stating the storage format (and its version) of the optical disc and enumerating the list of electronic documents stored therein shall be provided. (5)

Inspection of computer databases and electronic media or recording devices Parties agree that the protocol for inspection of computer databases and electronic media or recording devices (Appendix M Part 2) shall apply for the inspection of the following: [List the computer databases, electronic media or recording devices]

(6)

Inadvertent disclosure of privileged documents Notwithstanding compliance with the procedures in this protocol, nothing in this protocol is intended to be or shall be taken to amount to a waiver of privilege.

(7)

Discovery and production only if necessary For the avoidance of doubt, nothing in this protocol shall compel any party to give discovery of any document or produce any document for inspection which is not otherwise discoverable under Order 24, Rules 7 or 13 of the Rules of Court.

Part 2 Protocol for Inspection of Computer Databases and Electronic Media or Recording Devices (1)

Appointment of computer experts (a) Joint appointment. The party producing the computer database, electronic medium or recording device for inspection (“the Producing Party”) and the party entitled to inspection of the computer database, electronic medium or recording device (“the Inspecting Party”), may jointly appoint a computer expert (“the Joint Expert”) for the purpose of making a forensic copy of such computer database, electronic medium or recording device (“the Original Acquired Image”). The Joint Expert’s role shall be restricted to the acquisition of the Original Acquired Image and the performance of a reasonable search on a copy of the Original Acquired Image in accordance with the terms of this protocol. Before the Joint Expert commences his appointment, he shall provide an undertaking of confidentiality to the Court and to all parties concerned in the inspection. He shall also procure a similar undertaking from each of his employees, representatives, agents or sub-contractors involved in the engagement. (b) Costs and expenses of Joint Expert. All costs and expenses relating to the appointment of the Joint Expert under this protocol shall initially be borne equally between the Producing Party and the Inspecting Party. Nothing in this protocol is intended to or shall be taken to prevent any party to the cause or matter from seeking the recovery of such costs and expenses in accordance with the Rules of Court. (c) Individual appointments. Nothing in this protocol shall prevent the Producing Party, the Inspecting Party and any other party concerned in the inspection from appointing his own computer expert.

(2)

Acquisition of the Original Acquired Image (a) Where Joint Expert appointed. The Joint Expert shall acquire the Original Acquired Image under the supervision of all parties concerned in the inspection, their representatives or computer experts. Sufficient copies of the Original Acquired Image shall be made as necessary in order that the Producing Party and each Inspecting Party may be supplied with an electronic copy of the Original Acquired Image. The Joint Expert shall provide sufficient information with the copy of the Original Acquired Image to enable the party’s computer expert to access the copy supplied. The Original Acquired Image shall be sealed and delivered to the custody of the Producing Party, who shall enumerate it in a list of documents to be filed under Order 24 of the Rules of Court. (b) Where Joint Expert not appointed. The Producing Party’s computer expert shall be responsible for acquiring the Original Acquired Image under the supervision of all parties concerned in the inspection, their representatives or computer experts. Sufficient copies of the Original Acquired Image shall be made as necessary for the purposes of inspection and reasonable search to be provided under this protocol. The Original Acquired Image shall be sealed and delivered to the custody of the Producing Party, who shall enumerate it in a list of documents to be filed under Order 24 of the Rules of Court. (c) Original Acquired Image to be produced when ordered by Court. The party to whose custody the sealed Original Acquired Image has been delivered shall not tamper with or break the seal, and shall produce the Original Acquired Image to the Court or such other person(s) as the Court may direct.

(3)

Safeguards for reasonable search This paragraph applies in situations where a reasonable search is conducted on the contents of a copy of the Original Acquired Image. Where Joint Expert appointed (a) Conduct of reasonable search. The Inspecting Party shall specify or describe the search terms or phrases to be used in a reasonable search to be conducted on the contents of a copy of the Original Acquired Image to the Producing Party and the Joint Expert. If the Producing Party does not object to the search terms or phrases so specified or described, he shall communicate his consent to the Joint Expert and the Inspecting Party. The Joint Expert shall make arrangements for the conduct of the reasonable search on a copy of the Original Acquired Image under the supervision of all parties concerned in the inspection, their representatives or computer experts. If the Producing Party objects to any or all of the search terms or phrases so specified or described, he shall forthwith inform the Joint Expert. The parties shall resolve such objections before any further steps are taken for the conduct of the reasonable search. The Joint Expert shall not take any further steps for the conduct of the reasonable search until: (i) he is informed by the Producing Party of his consent to the original search terms or phrases; or (ii) the Inspecting Party specifies or describes a new set of search terms or phrases and to which the Producing Party provides his consent in accordance with this sub-paragraph. A copy of the documents or records that are the results of the reasonable search (“the Search Results”) shall be made and released to the Producing Party. (b) Review for privileged material. The Producing Party shall be at liberty to review the Search Results for the purpose of claiming privilege. If the Producing Party claims privilege over any

document or record from the Search Results, he shall list the electronic documents or records over which privilege is claimed. (c) Release for inspection. Thereafter, the Joint Expert shall remove copies of any documents or records over which privilege is claimed from the Search Results (“the Redacted Search Results”). The Joint Expert may maintain a separate privilege log which records the documents or records which are thus removed and the reasons given for doing so. For the avoidance of doubt, the privilege log shall not be included in the Joint Expert’s report but the Joint Expert shall produce the privilege log to the Court if so directed by the Court. The Redacted Search Results shall be released to the Inspecting Party for inspection together with the list of electronic documents or records over which privilege is claimed. Where Joint Expert not appointed (d) Conduct of reasonable search. The Inspecting Party shall specify or describe the search terms or phrases to be used in a reasonable search to be conducted on the contents of a copy of the Original Acquired Image to the Producing Party. If the Producing Party objects to any or all of the search terms or phrases so specified or described, parties shall resolve such objections before any further steps are taken for the conduct of the reasonable search. Upon resolution of any objections or if the Producing Party consents to the specified or described search terms or phrases, he shall make arrangements for his computer expert to conduct the requested reasonable search on a copy of the Original Acquired Image under the supervision of all parties concerned in the inspection, their representatives or computer experts.

(e) Review for privileged material. The Producing Party shall be at liberty to review the Search Results for the purpose of claiming privilege. If the Producing Party claims privilege over any document or record from the Search Results, he shall list the electronic documents or records over which privilege is claimed. (f) Release for inspection. Thereafter, the Producing Party shall remove copies of any documents or records over which privilege is claimed from the Search Results. The Redacted Search Results shall be released to the Inspecting Party for inspection together with the list of electronic documents or records over which privilege is claimed. (4)

Safeguards for forensic examination This paragraph applies to the forensic examination of a copy of the Original Acquired Image for the purpose of identifying electronically stored documents thereon or for the recovery of deleted files or file fragments from the unallocated file space or file slack using computer forensic tools or techniques. A Joint Expert shall be appointed for the purpose of such forensic examination. (a) Conduct of forensic examination. The Inspecting Party shall specify or describe the search terms or phrases to be used in the forensic examination to be conducted on the contents of a copy of the Original Acquired Image to the Joint Expert. The Joint Expert shall not at any time disclose to the Producing Party the search terms or phrases specified or described by the Inspecting Party and shall not include the search terms or phrases in his report. For the avoidance of doubt, the Joint Expert shall disclose the search terms or phrases to the Court if so directed by the Court. The Joint Expert shall make arrangements for the conduct of the forensic examination on a copy of the Original Acquired Image. Neither the Inspecting Party nor the Producing Party, or any of their solicitors, computer experts, employees, representatives or agents shall be present during the conduct of the forensic examination. A copy of the documents or records that are the results of the reasonable search (“the Search Results”) shall be made and released to the Producing Party. The Producing Party is not entitled to a copy,

and shall not request the Joint Expert for a copy, of the search terms or phrases specified or described by the Inspecting Party. (b) Review for privileged material. The Joint Expert and the Producing Party shall jointly review the Search Results for the purpose of permitting the Producing Party to identify electronically stored documents, deleted files or file fragments over which he claims privilege. If the Producing Party claims privilege over any electronically stored documents, deleted files or file fragments from the Search Results, he shall identify them to the Joint Expert. The Producing Party shall list the electronic documents, deleted files or file fragments over which privilege is claimed. (c) Release for inspection. Thereafter, the Joint Expert shall remove copies of any electronic documents, deleted files or file fragments over which privilege is claimed from the Search Results (“the Redacted Search Results”). The Joint Expert may maintain a separate privilege log which records the electronic documents, deleted files or file fragments which are thus removed and the reasons provided for the removal. For the avoidance of doubt, the privilege log shall not be included in the Joint Expert’s report but the Joint Expert shall produce the privilege log to the Court if so directed by the Court. The Redacted Search Results shall be released to the Inspecting Party for inspection together with the Producing Party’s list of electronic documents, deleted files or file fragments over which privilege is claimed. (5)

Inadvertent disclosure of privileged documents Notwithstanding compliance with the procedures in this protocol, nothing in this protocol is intended to be or shall be taken to amount to a waiver of privilege.

(6)

Discovery and production only if necessary For the avoidance of doubt, nothing in this protocol shall compel any party to give discovery of any document or produce any document for inspection which is not otherwise discoverable under Order 24, Rules 7 or 13 of the Rules of Court.

Part 3 Reasonably Usable Formats File Format Office Documents Hypertext Markup Language Extensible Hypertext Markup Language Rich Text Format (RTF) Plaintext Format Portable Document Format (PDF) Microsoft Office file formats

Electronic Mail Multipurpose Internet Mail Extension (MIME) .eml .msg Images Joint Photographic Experts Group (JPEG) JPEG 2000 Portable Network Graphics (PNG) Tagged Image File Format Portable Document Format

Version

HTML 4.01 or ISO/IEC 15445:2000 XHTML 2.0 RTF 1.9.1

Word 97 - 2007 Binary File Format (.doc) Specification PowerPoint 97 - 2007 Binary File Format (.ppt) Specification Excel 97 - 2007 Binary File Format (.xls) Specification Excel 2007 Binary File Format (.xlsb) Specification Office Drawing 97 - 2007 Binary Format Specification

RFC 5322 Mozilla Thunderbird, Windows Mail and Microsoft Outlook Express e-mail messages Microsoft Office Outlook e-mail messages

ISO/IEC 10918-1 ISO/IEC 15444-1:2000 ISO/IEC 15948:2004 TIFF or ISO 12639:1998 PDF 1.7 or ISO 32000-1:2008

Audio MPEG-1 Audio Layer 3 (MP3) ISO/IEC 11172-3 Advanced Audio Coding (AAC) ISO/IEC 14496-3:2001

Video Moving Picture Experts Group ISO/IEC-11172 (MPEG-1) H.264 ITU-T H.264 MPEG-4 Part 10 or MPEG-4 ISO/IEC 14496-10:2003 AVC (Advanced Video Coding) Multimedia container formats Audio Video Interleave QuickTime File Format MPEG-4 Part 14

ISO/IEC 14496-14:2003

APPENDIX C SAMPLE BILLS OF COSTS Sample A Sample bill of costs for contentious business - trials IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE D No. of 20 Bill of Costs No. of 20 GST Reg. No. (solicitors for plaintiffs): 12345 GST Reg. No. (1st plaintiff): 67890 (20%) 2nd plaintiff: No GST Reg. No. (100%) Between AAA ….. Plaintiffs And CCC ….. Defendant SAMPLE BILL OF COSTS FOR CONTENTIOUS BUSINESS - TRIALS

Applicant: Nature of bill: Basis of taxation: Basis for taxation:

Solicitors for the plaintiff Party and party Standard basis Judgment dated ________ ordering the defendant to pay plaintiffs’ costs

Section 1: Work done other than for taxation

No.

Item

Description

Remarks

1.

The claim

1.1

Nature of claim

2.

Pleadings

2.1

Writ & statement of claim

Writ: 3 pages Statement of claim: 15 pages

2.2

Defence & counterclaim

Defence: 10 pages Counterclaim: 2 pages

2.3

Reply & defence to counterclaim

Reply: 5 pages Defence to counterclaim: 2 pages

2.4

Relief claimed

Plaintiffs’ claim:  divorce based on unreasonable behaviour

Divorce

Defendant’s counterclaim:  divorce based on unreasonable behaviour 2.5

Affidavits deemed or ordered to stand as pleadings

3.

Interlocutory attendances

3.1

Interlocutory applications costs fixed by court

Defendant's

Plaintiff's

Not applicable

(1) SUM 123/14: Plaintiff's application for further and better particulars on [date]. 2 affidavits filed (total 25 pages including 4 exhibits). Costs awarded to plaintiff fixed at $500.

20 F&BPs requested and 15 successful. Hearing before Assistant Registrar for 1 hour on [date].

(2) SUM 234/14: Defendant’s application for specific discovery. 1 affidavit filed (10 pages including 2 exhibits). No order on application with no order on costs.

Hearing before Assistant Registrar for 1 hour on [date].

No. 3.2

Item

Description

Remarks

Interlocutory applications – costs not fixed by court

(1) SUM 345/14: Plaintiff's ex-parte application for interlocutory injunction on [date]. 2 affidavits filed (total 100 pages including 10 exhibits). Written submissions of 20 pages with 7 cases cited. Order in terms with costs in the cause.

Hearing before District Judge ABC from 5.15 to 6.30 p.m. on [date].

(2) SUM 456/14: Plaintiff's summons for Heard together with PTC on [date]. directions on discovery. Orders made. 3.3

Appeals to District Judge in chambers

RA 1/05: appeal on Plaintiff’s discovery Hearing before application. Appeal dismissed with costs District Judge XYZ fixed at $800 to the Plaintiff. from 9.30 to 10.30 a.m. on [date].

3.4

Pre-trial conferences

4 PTCs on [dates]

3.5

Other attendances

Not applicable.

4.

Discovery

4.1

Number of lists of documents

Not applicable.

4.2

Total number of documents disclosed

Plaintiff: 55 documents, 800 pages Defendant: 40 documents, 300 pages

5.

Trial

5.1

Opening statement

Plaintiff: 8 pages Defendant: 6 pages

5.2

Number of days and date(s) of trial

Number of days fixed: 5 days Number of days of actual hearing: 4 days Dates of trial: 3-4 April 2014, 24-25 April 2014

5.3

Part heard

2 week break after 2nd day.

By consent application for extension of time to exchange AEIC with costs in the cause heard during PTC on [date].

Overlap pages.

of

234

Parties negotiated on the 1st day and dispensed with 2 witnesses.

No. 5.4

Item

Description

Remarks

Affidavits of evidence in chief – text and exhibits

Plaintiffs: 3 affidavits  50 pages of text  30 exhibits running to 500 pages

Overlap of 20 exhibits.

Defendant: 2 affidavits  40 pages of text  No exhibits, affidavits cross-referenced to agreed bundle of documents; 20 documents referred to in the affidavits. 5.5

Bundle of documents

Core bundle: 1 volume, 150 pages Agreed bundle: 1 volumes, 200 pages Plaintiffs’ bundle: 1 volume, 300 pages Defendant’s bundle: Documents in agreed bundle

Exhibits P1 to P4 and D1 to D2 introduced during trial; 30 pages.

5.6

Witnesses at trial

Plaintiffs: 3 (2 of fact)

2 of the Plaintiff's witnesses only spoke Thai.

Defendant: 3 (2 of fact) 5.7

Closing submissions Plaintiffs: 40 pages and 10 cases and authorities cited Defendant: 30 pages and 6 cases

5.8

Submissions in reply and authorities cited

Plaintiffs: 10 pages and 2 cases Defendant: 6 pages and 5 cases

5.9

Orders made at trial

5.10

Other post-trial filings/matters

Interim Judgment granted to the Plaintiff. Counterclaim dismissed with costs. Not applicable.

6.

Complexity of case

6.1

Legal issues

(1) Whether behaviour after separation can be taken into account. (2) …

6.2

Factual issues

(1) Whether the defendant sent the email that is an admission to the allegations; (2) …

1 of the Defendant’s witnesses gave oral evidence.

No. 6.3

Item

Description

Complexity

  

Novel point of law involving… [summary of the points]; Consideration of multiple alternative defences; Major factual disputes in respect of definition of confidential information.

6.4

Grounds of decision

30 pages. In particular, District Judge commented on the complexity of case or novelty of issues at paragraph [highlight relevant paragraphs in the grounds of decision]. 5 authorities cited in the grounds.

7.

Urgency and importance to client

7.1

Urgency

Preparation for interlocutory injunction was made over the Chinese New Year.

7.2

Importance to client

The Plaintiffs have invested approximately $250,000 into research and it is critical that confidentiality of the information is maintained.

8.

Time and labour expended

8.1

Number of letters/ faxes/emails exchanged between the parties

Plaintiff to defendant: 50 Defendant to plaintiffs: 30 Plaintiffs to court: 3

8.2

Number of letters/ faxes/emails to client

70

8.3

Meetings with opposing counsel

3 meetings comprising in total approximately 10 hours during part-heard break between 2nd and 3rd day of trial.

8.4

Time spent

100 hours

8.5

Others

Not applicable.

9.

Counsel and solicitors involved

Remarks

No. 9.1

Item

Description

Counsel

Plaintiff: Mr ABC, 15 years standing Ms DEF, 2 years standing Defendant: Ms GHI, 10 years standing

9.2

Certificate of more than 2 counsel

10.

Costs claimed

10.1

Amount claimed

No.

Work done on or before 1st January 2013: $a Work done on or after 1 January 2013 and before 1 January 2014: $ b Work done on or after 1 January 2014: $ c Percentage of input tax for which the 1st Plaintiff is not entitled to credit: 20%. Amount of input tax for which the 1st Plaintiff is not entitled credit in respect of – Work done on or before 1st January 2003: $ d Work done on or after 1 January 2003 and before 1 January 2004: $ e Work done on or after 1 January 2004: $ f Percentage of input tax for which the 2nd Plaintiff is not entitled to credit: 100%. Amount of input tax for which the 2nd Plaintiff is not entitled credit in respect of – Work done on or before 1st January 2003: $ g Work done on or after 1 January 2003 and before 1 January 2004: $ h Work done on or after 1 January 2004: $ i GST for work done or before 1 January 2003: $ j GST for work done on or after 1 January 2003 and before 1 January 2004: $ k GST for work done on or after 2004: $ l

Remarks

No.

Item

Description

Remarks

Section 2: Work done for taxation No. 11.

12.

Item Work done

Description Remarks Drawing up bill of costs, perusing documents and vouchers, attending taxation and drawing up Registrar’s certificate.

Amount claimed

$p Percentage of input tax for which the 1st Plaintiff is not entitled to credit: 20%. Amount of input tax for which the 1st Plaintiff is not entitled credit : $ q Percentage of input tax for which the 2nd Plaintiff is not entitled to credit: 100%. Amount of input tax for which the 2nd Plaintiff is not entitled credit : $ r GST for work done: $ s

Section 3: Disbursements No.

Date

Description and amount claimed Disbursements on which GST is not chargeable

13.

15/5/13

Writ of summons (court fees): $ xxx

14.

3/6/13

Reply and defence to counterclaim (court fees): $ yyy

15.

3/6/13

SIC 123/05 (court fees): $ zzz Disbursements on which GST is chargeable

16.

xxxx

[State nature of each disbursement and the amount claimed.]

Remarks

No. 17.

Item

Description

-

Total amount claimed for disbursements on which GST is not chargeable: $ t Total amount claimed for disbursements on which GST is chargeable: $ u Percentage of input tax for which the 1st Plaintiff is not entitled to credit: 20%. Amount of input tax for which the 1st Plaintiff is not entitled credit: $ v Percentage of input tax for which the 2nd Plaintiff is not entitled to credit: 100%. Amount of input tax for which the 2nd Plaintiff is not entitled credit: $ w GST claimed for disbursements on which GST is chargeable: $ x

Summary

Remarks

No.

Item

Description

Remarks

Total claimed for bill: Costs for work done other than for taxation: Section 1: Work done on or before 1st January 2003: $ a Work done on or after 1 January 2003 and before 1 January 2004: $ b Work done on or after 1 January 2004: $ c GST for work done or before 1 January 2003: $ j GST for work done on or after 1 January 2003 and before 1 January 2004: $ k GST for work done on or after 2004: $ l Costs for work done for taxation: Section 2: $ p GST on Section 2: Disbursements Section 3 (Disbursements on which GST is not chargeable): $ t Section 3 (Disbursements on which GST is chargeable): $ u GST on Section 3 (Disbursements on which GST is chargeable): $ x

Dated this

day of

20

.

Solicitors for [State the party for whom the bill is filed]. To:

Sample B Sample bill of costs for contentious business other than trials IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Originating Summons No. Bill of Costs No. of 20

of 20

GST Reg. No. (solicitors for plaintiff): 12345 GST Reg. No. (Plaintiff): 67890 (20%) Between AAA ….. Plaintiff And BBB ….. Defendant

SAMPLE BILL OF COSTS FOR CONTENTIOUS BUSINESS OTHER THAN TRIALS Applicant: Nature of bill: Basis of taxation: Basis for taxation:

Solicitors for Plaintiff Party and party Standard basis Judgment dated ________ ordering Defendant to pay the Plaintiff’s costs.

Section 1: Work done other than for taxation No.

Item

Description

1.

The claim

1.1

Nature of claim

2.

Application / Proceedings

2.1

Nature of application or proceedings for taxation

3.

Interlocutory attendances

3.1

Interlocutory applications - costs fixed by court

For application under section 8 of ICAA

Application for the return of an abducted child under section 8 of IAA

Not applicable.

Remarks

3.2

Interlocutory applications – costs not fixed by court

SUM 123/04: Plaintiff’s application for Order given on substituted service. Order in terms with [date]. costs in the cause.

3.3

Appeals to District Judge in chambers

Not applicable.

3.4

Other attendances

Not applicable.

4.

Hearing

4.1

Number of days/hours and date(s) of hearing

Number of days/hours fixed: Half day Number of days/hours of actual hearing: 3 hours Date of hearing: 23 May 2014

4.2

Documents (apart from written submissions and authorities)

Plaintiff: 3 affidavits filed (total 60 pages including 10 exhibits).

4.3

Witnesses (if any)

Not applicable.

4.4

Written submissions

Plaintiff: 30 pages

Authorities cited

Plaintiff: 8 cases

4.5

Defendant: 2 affidavits filed (total 30 ages including 6 exhibits).

Defendant: 25 pages

Defendant: 4 cases 4.6

Orders made

Order granted for the return of the child to Hong Kong

4.7

Other post-hearing filings

Not applicable.

5.

Complexity of case

5.1

Legal issues

Whether the child was wrongfully removed from country of residence.

5.2

Factual issues

Whether the child is an ordinary resident of Hong Kong.

5.3

Complexity

Child has dual citizenship in Hong Kong and Australia

5.4

Grounds of decision

30 pages. In particular, District Judge commented on the complexity of case or novelty of issues at paragraph [highlight relevant paragraphs in the grounds of decision]. 5 authorities cited in the grounds.

6.

Urgency and importance to client

6.1

Urgency

Abduction was made without consent and child is en-route to Australia

6.2

Importance to client

To prevent child from being taken away

6.3

Amount involved

Not applicable.

7.

Time and labour expended

7.1

Number of letters/ faxes/emails exchanged between the parties

Plaintiff to Defendant: 15

7.2

Number of letters/ faxes/emails to client

30

7.3

Meetings with opposing counsel

Not applicable.

7.4

Time spent

40

7.5

Others

Not applicable.

8.

Counsel and solicitors involved

8.1

Counsel and solicitors

Defendant to Plaintiff: 10 Plaintiff to court: 2

Plaintiff: Mr ABC, 15 years standing Defendant: Ms GHI, 10 years standing

8.2

Certificate of more than 2 counsel

9.

Costs claimed

No.

9.1

Amount claimed

[Please refer to the sample used for trials and modify as appropriate.]

Section 2: Work done for taxation No.

Item

Description

Remarks

10.

Work done

Drawing up bill of costs, perusing documents and vouchers, attending taxation and drawing up Registrar’s certificate.

11.

Amount claimed

[Please refer to the sample used for trials and modify as appropriate.]

Section 3: Disbursements No.

Date

Description and amount claimed

Remarks

12.

15/5/04

Disbursements on which GST is not chargeable Originating Summons (court fee): $ xxx

13.

15/5/04

Affidavit (court fee): $ yyy Disbursements on which GST is chargeable [State nature of disbursement and amount claimed.]

[ ]

xxxx

Total amount claimed for disbursements on which GST is not chargeable: $ aaa. Total amount claimed for disbursements on which GST is chargeable: $ bbb [Please refer to the sample used for trials and modify as appropriate.]

Summary Total claimed for bill: [Please refer to the sample used for trials and modify as appropriate.]

Dated this

day of Solicitors for

20

.

[State the party for whom the bill is filed]. To:

Sample C Sample bill of costs for non-contentious business IN THE FAMILY JUSTICE COURTS OF THE REPUBLIC OF SINGAPORE Bill of Costs No. of 20 GST Reg. No. : 12345 In the matter of

SAMPLE BILL OF COSTS FOR NON-CONTENTIOUS BUSINESS

Applicant: Nature of bill: Basis of taxation: Basis for taxation:

Solicitors for ABC Solicitor and client Indemnity basis Pursuant to the written consent from the client vide letter dated [ annexed hereto under section 120(3) of the Legal Profession Act

Section 1: Work done other than for taxation No.

Item

Description

1.

The work done

1.1

Nature of work

Advice on client’s claim for access to grandchild.

1.2

Scope of brief (including relevant court orders, if any)

To ascertain the relationship and background between client and parents of child and to give advice on what remedies are available to client.

1.3

Period of work

From 5 June 2014 to 30 August 2014.

2.

Complexity of matter

2.1

Legal issues

Whether client has a right claim for access.

2.2

Factual issues

What was the longstanding arrangement and relationship between client and grandchild.

2.3

Complexity

Mother of the child has a pending PPO application against the client.

2.4

Amount involved

Not applicable

3.

Time and labour expended

Remarks

]

3.1

3.2

3.3

Number of letters/ faxes/emails exchanged with others

4 letters to parents of the child

Number of letters/ faxes/emails to client

20 emails from applicant to client.

Meetings with client

2 meetings:

2 letters from parents of the child

20 emails from client to applicant.

1 hour on [date]. 2 hours on [date].

3.4

Meetings with other parties (by class)

Not applicable.

3.5

Documents (including legal opinions)

Draft Pleadings - 6 pages

3.6

Time spent

10 hours

3.7

Other relevant work

Not applicable.

4.

Counsel and solicitors involved

4.1

Solicitor

5.

Costs claimed

5.1

Amount claimed

Opinion – 3 pages

Mr GHI, 18 years standing

$ ____ [Please refer to the sample used for trials and modify as appropriate.]

Section 2: Work done for taxation No.

Item

Description

6.

Work done

Drawing up bill of costs, perusing documents and vouchers, attending taxation and drawing up Registrar’s certificate.

7.

Amount claimed

$ _____ [Please refer to the sample used for trials and modify as appropriate.]

Section 3: Disbursements

Remarks

No.

Date

Description and amount claimed

Remarks

Disbursements on which GST is not chargeable 8.

xxxx

[Nature of each disbursement and the amount claimed.] Disbursements on which GST is chargeable

9.

xxxx

[Nature of each disbursement and the amount claimed.]

10.

-

Total amount claimed: $ ____ [Please refer to the sample used for trials and modify as appropriate.]

Summary Total claimed for bill: [Please refer to the sample used for trials and modify as appropriate.]

Dated this

day of

20

[Applicant]. To:

.