Family Justice Courts Practice Directions

LAST UPDATED: 01 MARCH 2024

Contents

Part I – Preliminary

1. Introduction

• Citation

• Applicability

• Citation of Legislation in Proceedings

• Updating

• Forms

• Registrar’s Circulars

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

• Parties named in the title of the documents

• Parties not named in the title of the documents

• Documents filed by two or more parties

• Identification numbers for non-parties

• Special cases

• Identification numbers

• Guidelines for the selection of identification numbers

• Inability to furnish identification number at the time of filing a document

• Meaning of document

• Non-compliance

Part III – Judge-led Approach in Resolving Family Disputes

6. Judicial Case Management

• Introduction

• Purposes

• Principles

• Key elements

• Interlocutory applications

• Case conferences

• Communications with Court

7. Guidance on Direct Judicial Communications in International Family

• Introduction

• Overarching Principles

• Procedure and Safeguards

• Initiating the Communication

• The Form of Communications and Language Difficulties

• Written Communications

• Oral Communications

• Post Communications

• Keeping Central Authority informed of judicial communications

Part IV – Processes relating to Children

8. Child Representative

8A. Parenting Coordinator

9. Examination of children

10. Arrangements for the welfare of children

10A. Service on the immigration and Checkpoints Authority (“ICA”) with Court Orders or Injunctions restraining or prohibiting the taking of child out of jurisdiction

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

• Bankruptcy status of both parties

• Statement of Particulars

• Counterclaim

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

• How to apply for simplified uncontested divorce proceedings

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)

• Bundle of documents

• Bundle of authorities

• Opening statements

• Timeline for tendering documents

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

Part VII – Proceedings under Part VII and VIII of Women’s Charter

23. Alternative dispute resolution

23A. Offer to Resolve in maintenance applications

24. Pre-hearing matters

24A. Service of summons under Part VIII of Women’s Charter (except an application made under section 69 or 70)

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

25A. Appointment of Maintenance Record Officer

25B. Referral for assessment

26. Hearing of maintenance proceedings in chambers

Part VIIA – Electronic Filing Service under Division 68A of Part 18 of the Family Justice Rules

26A. Application

26B. Establishment of Electronic Filing Service and appointment of network service provider

26C. Authorised users and authorised agents

26D. Electronic filing of written complaints

26E. Documents

26F. Documents which cannot be converted into electronic format

26G. Amendment of documents

26H. Limits on size and number of documents submitted using electronic filing service

26I. Bundles of Authorities

26J. Change of Solicitors

26K. Request for Court Records

26L. Other Requests

26M. Showing proof of payment

26N. Payment in and Out of Court

Part VIII – Adoption of Children

27. Commencement documents

• Filing of commencement documents

• Contents of the affidavit in support of the originating summons

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

• Application

• 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)

• Service of application on named defendants

• The plaintiff’s supporting affidavit

• Applications subsequent to the filing of the originating summons in proceedings under the ICAA

• Form of Order of Court

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

• The prayers

• The supporting affidavit by the plaintiff or applicant and the deputies

• The doctor’s affidavit exhibiting the medical report

• The affidavit by the successor deputy or deputies

55. Application subsequent to the appointment of deputy

56. Application relating to lasting power of attorney

57. Application for statutory wills

58. Litigation representative in mental capacity proceedings

59. Where P ceases to lack capacity or dies

• Application to end proceedings

• Applications where proceedings have concluded

• Procedure to be followed when P dies

• Final report by deputy

60. Applications subsequent to the filing of the originating summons in mental capacity proceedings

61. Order of Court

61A. Uncontested applications for certain specified matters

Part XII – Probate Proceedings

62. Applications for grant of probate or letters of administration

• Filing of originating summons and supporting documents

• Rejection of documents

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 XIIA – Vulnerable Adults Act

71A. Applications under Vulnerable Adults Act

71B. Forms to be filed

71C. Application for Court Records

71D. Pre-hearing matters

Part XIII- General Procedure

72. Originating Summonses

• Forms for originating summonses

• Originating summons to be heard in open Court

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

• Originating Summons for leave to file Writ under section 94 of the Women’s Charter

• Summons for leave to file additional Ancillary Matters Affidavits

• Summons to vary child-related orders

• Summons to vary maintenance orders made under Part X of Women’s Charter

78. Personal service of processes and other documents

79. Substituted and Dispensation of Service

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

• Application for substituted service by way of prepaid AR registered post / ordinary post

• Application for substituted service by way of email

• Application for substituted service by way of advertisement

• Application for 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

• Location of electronically stored documents

• Definition of metadata information

• Time to consider electronic discovery issues during general discovery

• Requests for discovery

• Applications for discovery

• Matters to which regard shall be had in determining whether discovery or inspection is necessary

• Form of list

• Inspection of electronically stored documents

• Inspection of computer databases and electronic media or recording devices

• Supply of copies of electronically stored documents

• Requests for the supply of copies

• Applications for the supply of copies

• Restriction on use of privileged document, inspection of which has been inadvertently allowed

• Costs

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 generally

• Time for filing of documents

• General requirements as regards documents filed for use in Court

• Bundle of authorities

89. [deleted]

90. Documents for use in trials

• Time for filing of documents under rule 567(1) of the Family Justice Rules

• Mode of filing documents

• Bundle of documents

• Core bundle of documents

• Opening statements

• Bundle of authorities

91. Hearing in Chambers

92. Written Submissions and Bundle of Authorities for Special Date hearings

93. Citation of written judgments

• Use of judgments as authorities in submissions

• Use of judgments from foreign jurisdictions

• Citation practice

• The neutral citation system for local judgments

• Ancillary provisions

94. Submissions and examinations by leading and assisting counsel

95. Amendment of documents

• General requirements for amendment of any document

• Colour scheme for amendments

• Amendment for third time or more

• Cases to which the requirements in sub-paragraphs (1) and (2) do not apply

• Amendment endorsements on electronic forms

• Amendments made on original writ or originating summons (where amendments are not numerous or lengthy)

• Amendment of case title to add a party

96. Waiting time for the hearing of matters

97. Request for urgent hearing dates or urgent hearings prior to the filing of the application through the Electronic Filing Service

98. Requesting a hearing date through the Electronic Filing Service

99. Written submissions for contested inter partes applications in chambers

100. Adjournment or vacation of hearing dates and part-heard cases

101. Requests for further arguments before the Judge or Registrar

102. Absence of parties and mode of hearing

103. Production of record of hearing

• Record of Trials

• Request for Digital Audio Recording and Transcription Service for Hearings other than Trials

• Applications for Digital Audio Recording and Transcription Service

104. Use of electronic and other devices

105. Application of Court records and certification of transcripts for family matters

106. Access to case file, inspection, taking copies of documents and conducting searches

• Access by parties to a case file

• File inspection by non-parties or parties who are not registered users

• Obtaining certified true copies of documents

• Electronic cause books and registers maintained by the Registry

107. Personal Data

• Consent to collection, use or disclosure of personal data

• Access to, and correction of, personal data contained in documents filed with, served on, delivered or otherwise conveyed to the Registrar

• Access to, and correction of, personal data contained in electronic cause books and registers maintained by the Registry

108. Witnesses

• Issuance of subpoenas

• Release of witness upon completion of evidence

108A. Giving of evidence by person outside Singapore through live video or live television link in any court proceedings (other than proceedings in a criminal matter)

109. Form of affidavits

• Affidavits filed electronically

• Affidavits that are not filed electronically

• Hard copy affidavits

110. Exhibits to affidavits

• Non-documentary exhibits

• Exhibits to affidavits filed electronically

• Exhibits to affidavits that are not filed electronically

111. Swearing or affirming of affidavits, statutory declarations and oaths

112. Effect of non-compliance

113. Objections to the contents of affidavits of evidence-in-chief

114. Draft orders of Court

115. Unnecessary extraction of orders of Court

116. Draft consent orders

• Orders relating to disposition or transfer of property

• Recording of consent orders

• Content of the draft consent order

• Recording a consent order in the manner set out in sub-paragraph (3)(a) to (c)

• Recording a consent order in the manner set out in sub-paragraph (3)(d)

• Extracting an Order granted by Consent

117. Judgment Interest

• Interest on costs

• Pre-judgment non-contractual interest

• Interest under an order of court made under Part 18 Division 26 of the Family Justice Rules

118. Filing of writs of execution through the Electronic Filing Service

119. Sale of immovable property

120. Writs of execution & writs of distress – movable property

121. Requests for the Bailiff’s Attendance

122. Examination of Judgment Debtor

123. Committal proceedings

124. Appeals

125. Filing of records of appeal and written cases

• Filing of records of appeal and written cases for appeals filed to the Family Division of the High Court under Part 18 Division 60 of the Family Justice Rules

• Filing of records of appeal and written cases for appeals to the Family Division of the High Court under Part 18 Division 59 of the Family Justice Rules

• Filing of written submissions for appeals against registrars in the Family Division of the High Court under Part 18 Division 58 of the Family Justice Rules

126. Appeals before the Family Division of the High Court from tribunal or person under Part 18 Division 55 of the Family Justice Rules

127. Skeletal arguments for appeals before the Family Division of the High Court

128. Use of presentation slides for all proceedings before the Family Division of the High Court

• Typeface

• Colours

• Animation and sounds

• Corporate logos

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

• Consolidated, transferred or converted cases in civil proceedings

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

• Direction to Accountant-General for Payment In or Payment Out

• Request for information on balance of monies paid into Court

156. Electronic payment of Court fees

• Implementation of electronic means for payment of Court fees

• Modes of payment by electronic means

• Scope of payment by electronic means

• Registrar’s discretion

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

159A. Request for urgent hearing before Duty Judge

• Request for urgent hearing before Duty District Judge or Assistant Registrar of the Family Justice Courts

• Request for urgent hearing before Judge of the Family Division of the High Court

160. Attendance of solicitors in Court

161. Use of Video or Telephone Conferencing for Hearings

• Guidelines for Video and Telephone Conferencing

• Directions for Hearing by Video and Telephone Conferencing

• Conduct of Hearing

161A.Technology Facilities in Supreme Court Building

• Use of the Video Conference Facilities and the Mobile Infocomm Technology Facilities

• Applications to use the Video Conference Facilities and Usage of Additional Equipment

• Applications to use the Mobile Infocomm Technology Facilities

• Fees

162. Absence from Court on medical grounds

163. Publication of & Reports and Comments on Court Cases

164. Citation of Case Numbers

165. The Electronic Queue Management System and Central Display Management System

166. Precedence and preaudience of Senior Counsel

167. Court dress

• Trials in Court

• Hearings in Chambers

• Mediations

168. Requests and Other Correspondence

• General Correspondence

• Request to adjourn, reschedule or vacate a hearing date

169. Requests for Court interpreters

• Family Division of the High Court

• Family Courts

• Translation

170. Authorisation for collection of mail and Court documents

Part XV – Litigants in Person

171. The Family Court Friend Scheme

Appendix A: Forms

Appendix B: Discovery and Inspection of Electronic Documents

Appendix C: Sample Bills of Costs