PART 3: QUASI-CRIMINAL PROCEEDINGS

3A: General

23. Definitions

24. Application of this Part 3

25. Application of Practice Directions

26. Bundles of authorities

27. Request for Court records

28. Change of solicitors

29. Other requests

30. Payment in and out of Court

31. Absence of respondent – Category 1 proceedings, Category 2 proceedings and Category 3B proceedings

3B: Category 1 Proceedings

32. Alternative dispute resolution

33. Pre-hearing matters

34. Service of summons under Part 8 of the Women’s Charter 1961 (except an application made under section 69 or 70)

35. Documents and affidavits in respect of proceedings under Parts 7 and 8 of the Women’s Charter 1961

36. Appointment of maintenance record officer

37. Referral for assessment

38. Showing proof of payment

39. Interlocutory applications

3C: Category 2 Proceedings

40. Definitions

41. Application for transmission of Singapore maintenance order

42. Application under section 4 or 5 of the Act

43. Pre-hearing matters

3D: Category 3 Proceedings

44. Pre-hearing matters

45. Interlocutory applications

46. Title of proceedings

3A: General

23. Definitions

In Part 3, unless the context otherwise requires:

(a) “authorised user” has the meaning given by Part 28, Rule 2 of the Family Justice (General) Rules 2024;

(b) “Category 1 proceedings” has the meaning given by Part 3, Rule 2 of the Family Justice (General) Rules 2024;

(c) “Category 2 proceedings” has the meaning given by Part 3, Rule 2 of the Family Justice (General) Rules 2024;

(d) “Category 3 proceedings” has the meaning given by Part 3, Rule 2 of the Family Justice (General) Rules 2024;

(e) “Category 3A proceedings” has the meaning given by Part 3, Rule 2 of the Family Justice (General) Rules 2024;

(f) “Category 3B proceedings” has the meaning given by Part 3, Rule 2 of the Family Justice (General) Rules 2024;

(g) “Category 4 proceedings” has the meaning given by Part 3, Rule 2 of the Family Justice (General) Rules 2024.

24. Application of this Part 3

(1) The directions in paragraphs 25, 26 and 27 of these Practice Directions apply in relation to proceedings mentioned in Part 3, Rule 1 of the Family Justice (General) Rules 2024.

(2) The directions in paragraphs 28, 29 and 30 of these Practice Directions apply in relation to Category 1 proceedings, Category 2 proceedings and Category 3 proceedings only.

(3) The directions in paragraph 31 apply in relation to Category 1 proceedings, Category 2 proceedings and Category 3B proceedings only.

(4) The directions in Part 3B apply in relation to Category 1 proceedings only.

(5) The directions in Part 3C apply in relation to Category 2 proceedings only.

(6) The directions in Part 3D apply in relation to Category 3 proceedings only.

25. Application of Practice Directions

(1) The following parts / paragraphs of these Practice Directions apply with necessary modifications to Category 1 proceedings:

Part 1

Part 4A, except paragraph 53

Part 5, paragraph 67

Part 7, paragraphs 78, 79 and 80 (except sub-paragraphs 1(b), 1(g), 1(i) and (4))

Part 13, paragraphs 104, 105, 106, 110, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123(9), 123(10), 123(14), 124 (except sub-paragraphs (6) and (11)), 125, 126, 127, 128, 132, 133, 134, 135, 136, 137, 138, 139 and 140

Part 16

Part 18

Part 20

Parts 21A and 21C

Part 22

Part 27

(2) Part 8, excluding paragraphs 92 and 94(3), applies to all maintenance proceedings, in addition to the parts / paragraphs set out in sub-paragraph (1).

(3) The following parts / paragraphs of these Practice Directions apply with necessary modifications to Category 2 proceedings:

Part 1

Part 5, paragraph 67

Part 7, paragraphs 78, 79 and 80 (except sub-paragraphs 1(b), 1(g), 1(i) and (4))

Part 13, paragraphs 104, 105, 106, 110, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123(9), 123(10), 123(14), 124 (except sub-paragraphs (6) and (11)), 125, 126, 127, 128, 132, 133, 134, 135, 136, 137, 138, 139 and 140

Part 16

Part 18

Part 20

Parts 21A and 21C

Part 22

Part 27

(4) The following parts / paragraphs of these Practice Directions apply with necessary modifications to Category 3 proceedings:

Part 1

Part 4A, except paragraph 53

Part 5, paragraph 67

Part 7, paragraphs 78, 79 and 80 (except sub-paragraphs 1(b), 1(g), 1(i) and (4))

Part 13, paragraphs 104, 105, 106, 110, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123(9), 123(10), 123(14), 124 (except sub-paragraphs (6) and (11)), 125, 126, 127, 128, 132, 133, 134, 135, 136, 137, 138, 139 and 140

Part 16

Part 18

Part 20

Parts 21A and 21C

Part 22

Part 27

(5) The following parts / paragraphs of these Practice Directions apply with necessary modifications (including the modification in sub-paragraph (6)) to Category 4 proceedings:

Part 1

Part 7, paragraphs 78, 79 (except sub-paragraphs (6) to (10)) and 80 (except sub-paragraphs 1(b), 1(g), 1(i) and (4))

Part 13 (Court Hearings and Evidence), paragraphs 104, 106, 110, 112, 113, 114, 115, 116, 117, 119, 120, 121, 124 (except sub-paragraphs (6) and (11)), 125(1), 126, 127, 128, 132, 133, 134, 135, 136, 137, 138, 139 and 140

Part 18 (Costs), paragraphs 150, 151, 152, 154(1) and 157

Part 20

Parts 21A and 21D

Part 22

Part 27

(6) For Category 4 proceedings, any reference to filing of documents, requests or correspondence through the Electronic Filing Service in these Practice Directions is to be read as a reference to submission to the Registry via email to [e-mail] or submission of hard copies.

26. Bundles of authorities

(1) Any party to the proceedings or his or her solicitor shall submit their own bundle of authorities. In this regard, paragraphs 124(7) to (10) of these Practice Directions shall be complied with.

(2) The bundle of authorities shall be submitted to the Court and served on all relevant parties at least 3 working days before trial.

(3) Notwithstanding any directions in these Practice Directions to the contrary, bundles of authorities shall not be filed electronically.

27. Request for Court records

(1) In relation to any Category 1 proceedings, Category 2 proceedings or Category 3 proceedings:

(a) An application for a copy of any part of the record of any proceedings by authorised users for a case registered in the iFAMS or migrated to the iFAMS must be made via the iFAMS under “Request for Court records”.

(b) An application for a copy of the document mentioned in sub-paragraph (1)(a) by an applicant who is not an authorised user must be made in Form 48 of Appendix A of these Practice Directions.

(2) In relation to any Category 4 proceedings, an application for a copy of any part of the record of any proceedings by a party to the proceedings or the appointed solicitor must be made in Form 48 of Appendix A of these Practice Directions.

(3) The party making the request shall provide the reasons for the request and documents in support of the request, where applicable. Any request which does not comply with the directions in this paragraph may be rejected. The approval of such requests shall be at the discretion of the Court.

(4) Upon consideration of the request by the Court, parties will be notified of the outcome of the request or given directions by the Court as the case may be, where appropriate.

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

28. Change of solicitors

(1) In the case where a solicitor is to be discharged with the client’s consent, the solicitor should attach the letter of authorisation from the client permitting him or her to file the Notice of Change of Representation on the client’s behalf.

(2) Despite anything in Part 3 of the Family (General) Justice Rules 2024 or the filing of a Notice of Change of Representation, parties may be directed by the Court to attend mediation or counselling at the first mention for any application. Parties are therefore required to attend the first mention for any application, unless the Court otherwise directs that their presence is dispensed with.

(3) Where a solicitor files a Notice of Change of Representation which leads to the client being self-represented, he or she is to inform the client of the date and time of the next mention or hearing date and that the client is to attend Court for the said mention or hearing, as the case may be.

(4) The Director of Legal Aid or a solicitor assigned to act for an aided person under the Legal Aid and Advice Act 1995 need not file the notice of appointment or the notice of ceasing to act as the Grant of Aid or cancellation of Grant of Aid will be filed with the Registry.

29. Other requests

(1) The following requests for a case registered via the iFAMS must be made via the iFAMS:

(a) Requests for permission to leave jurisdiction;

(b) Requests to cancel a warrant of arrest;

(c) Requests to change court appointments;

(d) Requests to restore or reinstate a struck-off case; and / or

(e) Requests to withdraw an application.

(2) The party making any of the requests in sub-paragraph (1) should provide the reasons for the request and documents in support of the request, where applicable. Any request which does not comply with the directions in this paragraph may be rejected. The approval of such requests shall be at the discretion of the Court.

(3) Upon consideration of the request by the Court, parties will be notified of the outcome or given directions by the Court as the case may be, where appropriate.

30. Payment in and out of Court

Where an appeal is to be filed under Part 19, Division 4 of the Family Justice (General) Rules 2024 against an order made for proceedings to which this paragraph applies, the application for payment in and out of Court of the security deposit is to be made via the iFAMS under “Payment of money into Court” or “Payment of money out of Court”, as the case may be.

31. Absence of respondent – Category 1 proceedings, Category 2 proceedings and Category 3B proceedings

(1) A summons for an application under Category 1 proceedings, Category 2 proceedings and Category 3B proceedings must be endorsed with a statement of the matters set out in Part 3, Rule 15(2) of the Family Justice (General) Rules 2024.

(2) To avoid doubt, where the Court hears an application mentioned in sub-paragraph (1) in the absence of the respondent, the Court may:

(a) examine the applicant and any witness called in support of the application; and

(b) make an order if the Court is satisfied that the requirements for making the order have been met.

(3) Where an order is made in the absence of the respondent, the order must be accompanied by a memorandum stating that the respondent may apply to revoke or rescind an order that was made in the absence of the respondent.

3B: Category 1 Proceedings

32. Alternative dispute resolution

(1) Pursuant to section 26(9) of the Family Justice Act 2014, the Court may direct parties to attend mediation for maintenance matters or counselling 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 counselling session. Parties in maintenance proceedings should bring the documents referred to at paragraph 35(3) of these Practice Directions to facilitate discussion during the mediation.

(3) Mediation and counselling 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. The mediation notes will therefore 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 judge of the Family Court who will give the necessary directions to enable the case to proceed to trial.

33. Pre-hearing matters

(1) The applicant and respondent must inform the judge of the Family Court 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) Applications for disclosure for maintenance cases;

(b) Applications for stay of proceedings for maintenance cases;

(c) 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;

(d) 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;

(e) Challenges to expert reports; and

(f) Related proceedings which are pending in any court including the Syariah Court.

(2) All applications in relation to Parts 7 and 8 of the Women’s Charter 1961 under Part 3 of the Family Justice (General) Rules 2024, other than for (a) the main applications and interlocutory applications in family violence and maintenance proceedings and (b) applications for disclosure, shall be made via the iFAMS under “Other applications”.

(3) An application for disclosure under Part 3, Rule 21 of the Family Justice (General) Rules 2024 is to be made via the iFAMS under “Applications for disclosure”.

(4) The applicant and respondent 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.

(5) An application by a party for a Summons to a Witness to give evidence must be made via the iFAMS under “Application for summons to give evidence”.

(6) The party applying for a Summons to a Witness to give evidence must provide the reasons for the application. Any application which does not comply with the directions in this paragraph may be rejected. The approval of such applications shall be at the discretion of the Court.

34. Service of summons under Part 8 of the Women’s Charter 1961 (except an application made under section 69 or 70)

(1) The prior written consent of the party referred to in Part 3, Rules 9(3)(a) and 9(4)(a) of the Family Justice (General) Rules 2024 shall be in Form 24 of Appendix A of these Practice Directions. This Form can be submitted in its physical form or by using the QR Code provided for this purpose which is made available at the Court premises and also found on the Singapore Courts website at http://www.judiciary.gov.sg.

(2) In the event of any change to the party’s details in Form 24, such as email address; mobile telephone number; or if there is a change in the party’s position with regard to his or her consent for service of the summons; it shall be for the party to notify the Court of the changes within 7 days of such change by email sent to: [e-mail]. The said email must make reference to the relevant case numbers and be copied to the other party in the proceedings. If there is revocation of consent, the date of revocation shall be taken to be the date of the email unless it is otherwise specified to take effect on a later date.

(3) The party will thereafter receive an acknowledgement from the Family Justice Courts.

35. Documents and affidavits in respect of proceedings under Parts 7 and 8 of the Women’s Charter 1961

(1) Affidavits to be filed under Part 3, Rule 19(1)(a) or 19(2) of the Family Justice (General) Rules 2024 should contain only facts relevant to the application and shall, as far as possible, be in Form 27, 28A, 28B, 28C, 28D, 28E or 28F (as the case may be) of Appendix A of these Practice Directions. Parties may depart from the standard form to meet their case as necessary.

(2) 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.

(3) In maintenance proceedings under Part 8 of the Women’s Charter 1961, each party must provide the list of required documents set out in Form 28A, 28B, 28C, 28D, 28E or 28F (as the case may be) in his or her affidavit or statement.

Medical report required in an application under section 69(1A)

(4) In an application under section 69(1A) of the Women’s Charter 1961, the applicant must include a medical report given by a registered medical practitioner in his affidavit or statement.

(5) The Court may, in its discretion, allow a medical report given by a foreign doctor, if the Court is satisfied that there is good reason to do so.

(6) The Court may require a report mentioned in sub-paragraph (5) to be accompanied by documentary evidence of the foreign registration of the foreign doctor giving the report.

(7) In this paragraph:

(a) “foreign doctor” means an individual who is duly authorised or registered to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory; and

(b) “foreign registration”, in relation to a foreign doctor, means the authorisation or registration of the foreign doctor to practise medicine in a state or territory other than Singapore by a foreign authority having the function conferred by law of authorising or registering individuals to practise medicine in that state or territory.

36. Appointment of maintenance record officer

(1) Upon the making of an order for the appointment of a maintenance record officer, unless the Court orders otherwise, the parties to the proceedings shall prepare an additional set of required documents as set out in the applicable affidavit / statement in Form 28A, 28B, 28C, 28D, 28E or 28F (as the case may be) and such other documents as the Court may direct.

(2) The documents referred to in sub-paragraph (1) shall be submitted to the Court prior to the hearing of the application and in accordance with such directions as the Court may give.

(3) Upon the appointment of the maintenance record officer, the officer shall contact the parties directly to make the necessary arrangements and appointments for the purpose of preparing a report under Part 3, Rule 20(1) of the Family Justice (General) Rules 2024. The parties shall keep to the appointments to avoid any postponement of the hearing of the application.

(4) A request by a maintenance record officer under Part 3, Rule 20(2) of the Family Justice (General) Rules 2024 must be made in Form 29 of Appendix A of these Practice Directions and served on the party against whom production of the documents is sought and the other party.

(5) Unless the Court directs otherwise, a copy of the report under Part 3, Rule 20(1) of the Family Justice (General) Rules 2024 shall be prepared and be submitted to the Court and the parties not less than 7 working days before the hearing of the application.

37. Referral for assessment

Notwithstanding that an application under Part 8 of the Women’s Charter 1961 has not been made, an applicant may, with his or her consent, be referred by the Registry for an assessment to ascertain the financial circumstances of the applicant or the respondent or both prior to the making of such application.

38. Showing proof of payment

(1) Where an order for enforcement of maintenance arrears provides for a party to show proof of payment via the iFAMS, the party required to show proof of payment may do so via the iFAMS under “Show proof of payment of maintenance”.

(2) The Court will notify the party required to show proof of payment through either one or more of the following modes of communication – letter, email or mobile phone text message if the proof of payment is satisfactory. The notification of the Court’s acceptance of proof of payment will not be communicated orally over the telephone.

(3) If the proof of payment via the iFAMS is for any reason unsatisfactory, the Court may reject the proof of payment and notify the party required to show proof of payment, by the modes of communication specified in sub-paragraph (2).

(4) To avoid doubt, if the proof of payment via the iFAMS is rejected, or if the party required to show proof of payment does not receive any notification from the Court exempting him from attending Court on the acceptance of the proof of payment, the party must attend personally at the Maintenance Mediation Chambers, Level 2 of the Family Justice Courts to show proof of payment on or before the date specified in the order of Court.

39. Interlocutory applications

Pursuant to Part 3, Rule 12(1)(a) of the Family Justice (General) Rules 2024, Part 3, Rule 12 applies to the following interlocutory applications arising in the course of any Category 1 proceedings:

(a) An application to recuse a Judge;

(b) An application to challenge the jurisdiction of the Court;

(c) An application to stay the proceedings;

(d) An application to strike out the whole or part of an affidavit;

(e) An application to strike out the whole or part of an application made under Part 3, Rule 12 of the Family Justice (General) Rules 2024;

(f) An application under section 28(1) of the Family Justice Act 2014;

(g) An application for permission under section 62A of the Evidence Act 1893; and

(h) An application for an extension of time.

3C: Category 2 Proceedings

40. Definitions

In this Part, unless the context otherwise requires:

(a) “Act” means the Maintenance Orders (Reciprocal Enforcement) Act 1975; and

(b)“Singapore maintenance order” means a maintenance order made by a court in Singapore, and includes a provisional order made by a court in Singapore and confirmed under section 4(5) of the Act by a competent court in a reciprocating country.

41. Application for transmission of Singapore maintenance order

(1) An application under section 3(1) of the Act for a Singapore maintenance order to be sent to a reciprocating country must:

(a) if there are arrears under the Singapore maintenance order, contain a statement of the arrears and the manner in which the amount in arrears is calculated;

(b) specify the date on which the Singapore maintenance order was made;

(c) contain such particulars as are known to the payee under the Singapore maintenance order of the whereabouts of the payer under the order;

(d) specify any matters likely to assist in the identification of the payer; and

(e) be accompanied by:

(i) a recent photograph of the payer, if such a photograph is available to the payee;

(ii) a copy of the Singapore maintenance order;

(iii) an undertaking by the payee to be responsible personally for such expenses, as may be incurred and where requested by the responsible authority in the reciprocating country, for the service of the Singapore maintenance order on the payer under the order; and

(iv) any other document for the purpose of enforcement of the Singapore maintenance order in the reciprocating country.

(2) The payee must, on receiving notification from the Registrar of the amount of the expenses in sub-paragraph (1)(e)(iii), pay that amount to such person as the Registrar may direct.

42. Application under section 4 or 5 of the Act

(1) An application made under section 4(1) of the Act against a person residing in a reciprocating country or an application under section 5 of the Act to vary a Singapore maintenance order must be accompanied by:

(a) an undertaking by the applicant to be responsible personally for such expenses, as may be incurred and where requested by the responsible authority or a court (as the case may be) in the reciprocating country, for the service of a provisional order, made by a court in Singapore upon hearing the application, on the payer under the order; and

(b) any other document for the purpose of confirmation of the provisional order in the reciprocating country.

(2) The applicant must, on receiving notification from the Registrar of the amount of the expenses in sub-paragraph (1)(a), pay that amount to such person as the Registrar may direct.

43. Pre-hearing matters

(1) The applicant and respondent 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.

(2) An application by a party for a Summons to a Witness to give evidence must be made via the iFAMS under “Application for summons to give evidence”.

(3) The party applying for a Summons to a Witness to give evidence must provide the reasons for the application. Any application which does not comply with the directions in this paragraph may be rejected. The approval of such applications shall be at the discretion of the Court.

3D: Category 3 Proceedings

44. Pre-hearing matters

(1) The applicant and respondent (if any) in the proceedings must inform the Court dealing with a case conference on the matter or the Judge presiding over the case of all relevant matters that may affect the hearing of the case including, but not limited to, the following matters:

(a) applications relating to the same vulnerable adult in other proceedings;

(b) related proceedings which are pending in any Court;

(c) 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; and

(d) challenges to expert reports.

(2) The Court may, in its discretion, allow an unsworn statement to be filed for use at the hearing of the application in lieu of an affidavit.

Summons to a Witness

(3) The applicant and respondent are to make their own arrangements for the witnesses they intend to call to give evidence at the hearing of the application, including applying for a Summons to a Witness where necessary.

(4) An application by a party for a Summons to a Witness to give evidence must be made via the iFAMS under “Application for summons to give evidence”.

(5) The party applying for a Summons to a Witness to give evidence must provide the reasons for the application. Any application which does not comply with the directions in this paragraph may be rejected. The approval of such applications shall be at the discretion of the Court.

45. Interlocutory applications

Pursuant to Part 3, Rule 12(1)(a) of the Family Justice (General) Rules 2024, Part 3, Rule 12 applies to the following interlocutory applications arising in the course of any Category 3 proceedings:

(a) An application to recuse a Judge;

(b) An application to challenge the jurisdiction of the Court;

(c) An application to stay the proceedings;

(d) An application to strike out the whole or part of an affidavit;

(e) An application to strike out the whole or part of an application made under Part 3, Rule 12 of the Family Justice (General) Rules 2024;

(f) An application under section 28(1) of the Family Justice Act 2014;

(g) An application for permission under section 62A of the Evidence Act 1893; and

(h) An application for an extension of time.

46. Title of proceedings

Every affidavit, statement, notice or other document in any proceedings under Division 1, 2 or 3 of Part 2 of the Vulnerable Adults Act 2018 (other than an application under section 12 for an order under section 14(1)(e), (f), (g) or (h), or an application under section 17 to vary, suspend or revoke such an order) must be entitled in the matter of the vulnerable adult concerned, naming the vulnerable adult, and in the matter of the Vulnerable Adults Act 2018.