Conflation of Modes of Commencement Of Proceedings and Interlocutory Applications
Overview of Scope of Amendments • Simplification of Procedural Rules • To reduce the four present modes to just two: writ and OS • Modernisation of language and standardisation of phraseology
Reform of the Rules of Court • 22 May 2004: Recommendation by ROCWP. • 27 May 2005: ROCWP Report No 3 of 2005 presented to Rules Committee. • 9 June 2005: Law Society informed by Registrar, Supreme Court. • June 2005: Consultation with AGC, IPTO, Family Court and Ministry of Law on consequential amendments to relevant primary/subsidiary legislation.
Reform of the Rules of Court • 28 July 2005: Report approved by Rules Committee. • 1 January 2006: First phase covering Rules of Court & Legal Profession Rules • 1 April 2006: Second Phase to cover Bankruptcy Rules, Companies & LLP (Winding Up) Rules, Companies Regulations & Matrimonial Proceedings Rules
Only 2 Modes of Commencement • Writ of summons and originating summons. • Writ of summons for factual disputes. • OS for non-factual disputes and for originating applications to the court under any statute. • Order 5 Rules of Court. • Originating motions and petitions will be abolished.
Originating Summonses • No appearance to be entered to OS. • Inter partes & ex parte OS: Forms 4 & 5 • As a general rule, originating summonses to be heard in chambers in the first instance: O 28 r 2 • Subject to the court’s discretion or any written law or practice direction that certain classes be heard in open court
Interlocutory Applications • The summons is to be the sole mode for interlocutory applications • As a general rule, summonses to be heard in chambers: O 32 r 11 • Subject to the court’s discretion or any written law or practice direction that certain summonses be heard in open court.
Catch-all provision • Section 41A Interpretation Act: • This clause will deem the change in the event of any omission in amending the relevant legislation.
Transitional provisions • Pending motions/petitions before the court on 1 January 2006 or 1 April 2006 • No conversion to originating summons. • Court given the power to order conversion to either writ, originating summons or summons • Sections 82 of the Supreme Court of Judicature Act and 70 of the Subordinate Courts Act
Conflation of Modes of Commencement of Proceedings: Changes to Insolvency Proceedings Phase II (with effect from 1 April 2006)
Agenda • Overview of amendments to proceedings relating to: • bankruptcy • Winding up of companies and limited liability partnerships • Judicial management of companies. • Changes to EFS • Impact on practice
(A) Overview of Amendments to Bankruptcy Proceedings Bankruptcy Act (Cap 20) and the Bankruptcy Rules (Cap 20, Rule 1)
Bankruptcy Proceedings • Applications to be made by originating summons supported by affidavit • Affidavit to be filed at the same time as the OS (RR 106(1) and 138) • Date of hearing is annotated directly onto the OS (R 107)
Bankruptcy Proceedings • Limited validity period for the purpose of service (R11A) • 12 months: where leave to serve OS out of jurisdiction is required • 6 months: in all other cases • Application for extension of validity • May be extended for such period not exceeding 12 months at any one time • OS to be marked with stamp in Form 1A showing the period of extension granted • Renewed OS to be filed electronically
Creditor’s bankruptcy application NB: all other procedural requirements remain unchanged. E.g. Filing of affidavit of service of SD/Bankruptcy application; affidavit of non-satisfaction • Form 2 of Bankruptcy Rules • No longer “petitioning creditor” and “debtor” • But “plaintiff” and “defendant” • Form 3: to be used for filing the supporting affidavit
Debtor’s bankruptcy application • Form 9 of Bankruptcy Rules: OS NB: requirement of filing a Statement of Affairs together with an affidavit verifying the statement of affairs remains. • Form 10: to be used for filing the supporting affidavit
Other applications under the Bankruptcy Rules • Parties referred to as “plaintiff” and “defendant” • Rule 97: application to set aside statutory demand • No change • Application to be made by way of OS • To use Form 4 of Appendix A of the Rules of Court – inter partes originating summons
Other applications under the Bankruptcy Rules • All interlocutory applications to be made using Form 60 of the Rules of Court • Rule 11: every interlocutory application in the course of bankruptcy application shall be made by summons
(B) Overview of Amendments to Winding Up proceedings • Winding up of limited liability partnerships under the Limited Liability Partnerships Act 2005 (No 5 of 2005) and Limited Liability (Winding Up) Rules 2005 (S 532/2005) • Winding up of companies under section 410 of the Companies Act (Cap 50) and the Companies (Winding Up) Rules (Cap 50, Rule 1)
Winding up proceedings • CWU • LWU • EFS Case type
Winding up proceedings • Open Court – see Rules 5 of Companies (Winding Up) Rules and Limited Liability Partnership (Winding Up) Rules • Originating Summons (instead of originating petition) supported by affidavit
Winding up proceedings • OriginatingSummons: • Affidavit to be filed together with originating summons: see rules 25, Companies (Winding Up) Rules and Limited Liability Partnerships (Winding Up) Rules. • To state the relief sought for • Affidavit: • Supporting facts that are currently in the petition are to be averred to in the supporting affidavit
Winding up proceedings • Party is to be named as “applicant” in the originating summons (previously petitioner) • Voluntary winding up applications (Form 2):
Winding up proceedings • Parties should be referred to as “plaintiff” and “defendant” (previously petitioner and respondent) • All other winding up applications (Form 3)
Winding up proceedings • Rule 17A which provides for validity of OS: • Where validity of OS has been extended, before it is served, it must be marked with an official stamp in Form 3A (R17A(4)) • 6 months for the purpose of service • Application to renew OS if not served within 6 months • May be extended for such period not exceeding 6 or 12 months (similar to O 7 r 5 of Rules of Court) • Renewed OS to be filed electronically
Winding up proceedings • e.g. requirement of advertising the winding up application seven clear days before the hearing of the winding up application remains • NO amendments made to other procedures/ time-lines
(C) Overview of amendments to Judicial management proceedings Section 227A of the Companies Act (Cap 50) and the Companies Regulations (Cap 50, Regulation 1)
Judicial management proceedings • Rule 30 of the Companies Regulations (Judicial Management) – application for JM order to be made by OS (Form 63A) • From 1 April 2006, EFS case type will switch (from OP) to OS • Supporting facts to be deposed to in affidavit supporting OS (Form 63B) • Supporting affidavit to be filed together with OS
Judicial management proceedings • Open Court • JM applications will continue to be heard in open Court in the first instance • Pursuant to Order 28, Rule 2 of the Rules of Court, the Registrar has directed in paragraph 29(6)(p) of the Supreme Court Practice Directions (2006 Ed) that these applications are to be heard in open Court.
Impact on practice • No changes in fee structure • Changes mostly pertain to mode of commencement
Amendments of pending Motions, Petitions and SICs • Amendments using existing (old) forms and procedure • For cases pending or applications filed prior to 1 April 2006
Schedule of changes • 31 March 2006 (Friday): • EFS will be shut down from 2359 hours to implement the necessary technical modifications to EFS • No EFS filing of any documents relating to Phase 2 proceedings • Other documents not relating to Phase 2 may continue to be filed
Schedule of changes • 1 April 2006 (Saturday): • Legal Registry will be open from 0900 hours to 1230 hours • Urgent applications relating to Phase 2 – to see Duty Registrar for leave to file hard copies • Leave may be granted upon undertaking to file electronically when EFS filing resumes • Where necessary, request to backdate documents to 1 April 2006 should be made when documents are filed electronically
Schedule of changes • Please note: • manual filing of documents will not be processed after 1230 hours on 1 April 2006 • For urgent applications relating to Phase 2 proceedings which will be time-barredif not filed between 1230 hours on 1 April 2006 and 2000 hours on 2 April 2006, they may be sent to the Supreme Court Registry via e-mail to Supcourt_QSM@supcourt.gov.sg • Once EFS server is activated, documents should be filed with a request to backdate time of filing • Legal Registry reserves the right not to backdate documents where applications are not genuinely urgent
Schedule of changes • 2 April 2006 (Sunday): • Front end filing resumed by 2000 hours • CrimsonLogic Helpdesk: • Hotline 6887 7888 will continue to answer all queries concerning filing procedure in EFS and other technical difficulties arising from the legislative changes. • No legal advice will be provided.
The End Thank you. AR Yeong Zee Kin AR Chung Yoon Joo AR Dorcas Quek