No. S 813
PART 1
Preliminary
Division 1 — Citation, application, definitions and forms
Citation and commencement
1.These Rules may be cited as the Family Justice Rules 2014 and shall come into operation on 1 January 2015.
Application
2.Except as otherwise provided in these Rules, these Rules apply to all proceedings in the Family Division of the High Court, the Family Courts and the Youth Courts, whether such proceedings are commenced before, on or after 1 January 2015, in so far as the matters to which these Rules relate are within the jurisdiction of those Courts.
Definitions
[S 409/2018 wef 20/06/2018]
“attend” includes the appearance by any person using electronic, mechanical or other means permitted by the Court;
“bailiff” includes the Registrar and any clerk or other officer of the Family Justice Courts charged with the duties of a bailiff in the Family Justice Courts;
“Civil Procedure Convention” means the conventions set out in the First Schedule, and includes any convention, treaty or agreement of any description or any provision of such convention, treaty or agreement between different States relating to civil procedure in the court;
“District Judge” means a District Judge who is designated by the Chief Justice as a judge of the Family Court under section13 of the Act;
“family proceedings” has the same meaning as in section2(1) of the Act;
“folio” means 100 words, each figure being counted as one word;
“Judge” means a judge of the Family Division of the High Court, a judge of a Family Court or a judge of a Youth Court and includes, in cases where he is empowered to act, a Registrar, as the case may require;
“Magistrate” means a Magistrate who is designated by the Chief Justice as a judge of the Family Court under section13 of the Act;
“officer” means an officer of the Family Justice Courts;
[S 409/2018 wef 20/06/2018]
“originating summons” means every summons for the commencement of proceedings other than a writ of summons;
“pleading” does not include an originating summons, a summons or a preliminary act;
“practice directions” means any practice directions for the time being issued by the Registrar;
“receiver” includes a manager or consignee;
“Registry” means the Registry of the Family Justice Courts;
[S 322/2022 wef 25/04/2022]
[S 322/2022 wef 25/04/2022]
“scheduled territories” has the meaning assigned to it by the Exchange Control Act (Cap.99);
“sign”, in relation to the signing of documents by a Judge, Registrar or other officer of the Family Justice Courts, includes the affixing of a facsimile signature of the Judge, Registrar or other officer, as the case may be;
“solicitor” has the same meaning as in the Legal Profession Act (Cap.161) and includes the Attorney‑General where he is a party to or appears on behalf of the Government in any proceedings;
“summons” means every summons in a pending cause or matter;
“working day” means any day other than a Saturday, Sunday or public holiday;
“writ” means a writ of summons.
(a) | means the Family Division of the High Court, a Family Court or a Youth Court, or a judge of the Family Division of the High Court, a judge of a Family Court or a judge of a Youth Court, whether sitting in Court or in Chambers; and |
(b) | includes in cases where he is empowered to act, the Registrar. |
(3)Paragraph(2) shall not be taken as affecting any provision of these Rules and, in particular, rule 552, which defines and regulates the authority and jurisdiction of the Registrar.
(4)For the purposes of these Rules, a person who has attained 18years of age but who is below 21years old, and who is not otherwise under any legal disability, shall not be considered to be a minor or a person under disability in relation to any legal proceeding or action which, by virtue of section36 of the Civil Law Act (Cap.43), he may, in his own name and without a litigation representative3, bring, defend, conduct or intervene in as if he were of full age.
Construction of references to provisions of Rules, etc.
[S 322/2022 wef 25/04/2022]
(2)Except where the context otherwise requires, any reference in these Rules to any written law is to be construed as a reference to that written law as amended, extended or applied by or under any other written law.
Construction of references to action, etc., for possession of immovable property
5.Except where the context otherwise requires, references in these Rules to an action or a claim for the possession of immovable property are to be construed as including references to proceedings against the Government for an order declaring that the plaintiff is entitled as against the Government to the immovable property or to possession of the immovable property.
Forms
(a) | any reference to a form by a number is to be construed as a reference to the current version of the form bearing that number set out in the practice directions; and |
(b) | any reference to a “relevant Form” for any purpose for which a specific form is required to be used means the current version of the relevant form for that purpose set out in the practice directions. |
(2)Subject to rule 920(5), the forms set out in the practice directions must, where applicable, be used, with such variations as the circ*mstances of the particular case require.
Practice directions
7.Practice directions may make additional provisions in relation to the requirements for any application in the Family Justice Courts which is specified in those practice directions.
Endnotes
8.Where any expression in these Rules is marked with an endnote number (for example — “attestation6”), the endnote bearing the corresponding number in the Second Schedule will apply in relation to that expression.
Construction of references to party, etc., in person
(a) | a reference to a person, plaintiff or party who sues or acts in person, to a defendant or party who appears, defends or acts in person, to an appellant or a respondent who appears, who does not or fails to appear or who acts in person, or to a litigant in person includes a reference to—
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(b) | a reference to the doing of any thing by any such person, plaintiff, party, defendant, appellant, respondent or litigant (called in this sub‑paragraph the specified person) includes—
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(a) | the officer has been duly authorised by the company, variable capital company or limited liability partnership to act on its behalf in that matter or proceeding; and [S 459/2020 wef 15/06/2020] |
(b) | it is appropriate to give such leave in the circ*mstances of the case. [S 459/2020 wef 15/06/2020] |
(a) | the officer has been duly authorised by the unincorporated association to act on its behalf in that matter or proceeding; and |
(b) | it is appropriate to give such leave in the circ*mstances of the case. |
(a) | stating—
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(b) | exhibiting a copy of any document of the company, variable capital company, limited liability partnership or unincorporated association by which the officer was authorised to act on its behalf in that matter or proceeding; and [S 459/2020 wef 15/06/2020] | ||||||
(c) | made by any other officer of the company, variable capital company, limited liability partnership or unincorporated association. [S 459/2020 wef 15/06/2020] |
(a) | any matter or proceeding commenced in the Family Division of the High Court and any appeal from that matter or proceeding; |
(b) | any matter or proceeding commenced in a Family Court and any appeal from that matter or proceeding; |
(c) | any appeal commenced in the Family Division of the High Court from any family proceedings commenced in a District Court; and |
(d) | any appeal commenced in the Family Division of the High Court from any family proceedings commenced in a Magistrate’s Court, |
whether or not that matter, proceeding or appeal was commenced before, on or after 1 January 2015.
“company” means a company incorporated under the Companies Act (Cap.50);
(a) | the Court of Appeal, if the relevant matter or proceeding is any appeal referred to in paragraph(5)(a) to the Court of Appeal, in respect of which no leave or permission has been given under paragraph(2) or (3), or under Order1, Rule9(2) or (3) of the Rules of Court 1996 or Order 4, Rule 3(3) or (4) of the Rules of Court 2021, by a court below; [S 322/2022 wef 25/04/2022] | ||||
(aa) | the Appellate Division of the High Court, if the relevant matter or proceeding is any appeal referred to in paragraph(5)(a) to the Appellate Division of the High Court, in respect of which no leave or permission has been given under paragraph(2) or (3), or under Order1, Rule9(2) or (3) of the Rules of Court 1996 or Order 4, Rule 3(3) or (4) of the Rules of Court 2021, by a court below; [S 1081/2020 wef 02/01/2021] [S 322/2022 wef 25/04/2022] | ||||
(b) | the High Court before 2 January 2021 or the General Division of the High Court on or after that date, if the relevant matter or proceeding is—
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(c) | a Family Court, if the relevant matter or proceeding is any matter, proceeding or appeal referred to in paragraph(5)(b); |
“limited liability partnership” means a limited liability partnership registered under the Limited Liability Partnerships Act (Cap.163A);
“manager”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;
(a) | in relation to a company or variable capital company, means any director or secretary of the company or variable capital company, or a person employed in an executive capacity by the company or variable capital company; [S 459/2020 wef 15/06/2020] |
(b) | in relation to a limited liability partnership, means any partner in or manager of the limited liability partnership; |
(c) | in relation to an unincorporated association (other than a partnership or a registered trade union), means the president, the secretary, or any member of the committee of the unincorporated association; or |
(d) | in relation to a registered trade union, has the same meaning as in the Trade Unions Act; |
“partner”, in relation to a limited liability partnership, has the same meaning as in the Limited Liability Partnerships Act;
[S 459/2020 wef 15/06/2020]
[S 459/2020 wef 15/06/2020]
Division 2 — Effect of non‑compliance
Non‑compliance with Rules
(a) | shall be treated as an irregularity; and |
(b) | shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order in the proceedings. |
(a) | set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings or any document, judgment or order in those proceedings, or exercise its powers under these Rules to allow such amendments (if any) to be made; and |
(b) | make such order (if any) dealing with the proceedings generally as it thinks fit. |
(3)The Court may make an order under paragraph(2) on such terms as to costs or otherwise as it thinks just.
(4)The Court must not wholly set aside any proceedings or the originating process by which the proceedings were begun on the ground that the proceedings were required by these Rules to be begun by some other originating process.
Application to set aside for irregularity
(a) | within a reasonable time; and |
(b) | before the party applying has taken any fresh step after becoming aware of the irregularity. |
(2)An application under this rule may be made by summons and the grounds of objection must be stated in the summons or supporting affidavit.
Division 3 — Time
“Month”means calendar month
12.Without prejudice to the Interpretation Act (Cap. 1), in its application to these Rules, the word “month”, where it occurs in any judgment, order, direction or other document forming part of any proceedings in Court, means a calendar month unless the context otherwise requires.
Reckoning periods of time
(2)Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
(3)Where the act is required to be done within or not less than a specified period before a specified date, the period ends immediately before that date.
(4)Where the act is required to be done a specified number of clear days before or after a specified date, at least that number of days must intervene between the day on which the act is done and that date.
(5)Where, apart from this paragraph, the period in question, being a period of 7 days or less, would include a day other than a working day, that day shall be excluded.
Time expires on day other than working day
14.Where the time prescribed by these Rules, or by any judgment, order or direction, for doing any act expires on a day other than a working day, the act shall be in time if done on the next working day.
Extension, etc., of time
(2)The Court may extend any such period referred to in paragraph (1) although the application for extension is not made until after the expiration of that period.
(3)The period within which a person is required by these Rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by written consent without an order of Court, unless the Court specifies otherwise.
(a) | any action or matter is required to be set down for trial or hearing; or |
(b) | any notice of appeal is required to be filed. |