Conflation of Modes of Commencement

1
Conflation of Modes of Commencement

• Of Proceedings and Interlocutory Applications

2
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

3
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.

4
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

5
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.

6
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 courts discretion or any written
  law or practice direction that certain classes be
  heard in open court

7
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 courts discretion or any written
  law or practice direction that certain summonses
  be heard in open court.

8
Catch-all provision

• Section 41A Interpretation Act
• This clause will deem the change in the event of
  any omission in amending the relevant legislation.

9
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

10
Conflation of Modes of Commencement of
Proceedings Changes to Insolvency Proceedings

• Phase II
• (with effect from 1 April 2006)

11
Agenda

• Overview of amendments to proceedings relating
  to
• bankruptcy
• Winding up of companies and limited liability
  partnerships
• Judicial management of companies.

• Impact on practice

• Changes to EFS

12
(A) Overview of Amendments to Bankruptcy
Proceedings

• Bankruptcy Act (Cap 20) and the Bankruptcy Rules
  (Cap 20, Rule 1)

13
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)

14
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

15
Creditors bankruptcy application

• 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

• NB all other procedural requirements remain
  unchanged. E.g. Filing of affidavit of service of
  SD/Bankruptcy application affidavit of
  non-satisfaction

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20
Debtors bankruptcy application

• Form 9 of Bankruptcy Rules OS

• Form 10 to be used for filing the supporting
  affidavit

• NB requirement of filing a Statement of
  Affairs together with an affidavit verifying the
  statement of affairs remains.

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22
Other applications under the Bankruptcy Rules

• 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

• Parties referred to as plaintiff and defendant

23
Other applications under the Bankruptcy Rules

• Rule 11 every interlocutory application in the
  course of bankruptcy application shall be made by
  summons

• All interlocutory applications to be made using
  Form 60 of the Rules of Court

24
(B) Overview of Amendments to Winding Up
proceedings

• 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 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)

25
Winding up proceedings

• EFS Case type

• CWU
• LWU

26
Winding up proceedings

• Originating Summons (instead of originating
  petition) supported by affidavit

• Open Court see Rules 5 of Companies (Winding
  Up) Rules and Limited Liability Partnership
  (Winding Up) Rules

27
Winding up proceedings

• Originating Summons

• To state the relief sought for

• Affidavit

• Supporting facts that are currently in the
  petition are to be averred to in the supporting
  affidavit

• Affidavit to be filed together with originating
  summons see rules 25, Companies (Winding Up)
  Rules and Limited Liability Partnerships (Winding
  Up) Rules.

28
Winding up proceedings

• Voluntary winding up applications (Form 2)

• Party is to be named as applicant in the
  originating summons (previously petitioner)

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Winding up proceedings

• All other winding up applications (Form 3)

• Parties should be referred to as plaintiff and
  defendant (previously petitioner and
  respondent)

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32
Winding up proceedings

• Rule 17A which provides for validity of OS

• 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)

• Where validity of OS has been extended, before it
  is served, it must be marked with an official
  stamp in Form 3A (R17A(4))

• Renewed OS to be filed electronically

33
Winding up proceedings

• NO amendments made to other procedures/ time-lines

• e.g. requirement of advertising the winding up
  application seven clear days before the hearing
  of the winding up application remains

34
Summary Winding Up proceedings
35
(C) Overview of amendments to Judicial management
proceedings

• Section 227A of the Companies Act (Cap 50) and
  the Companies Regulations (Cap 50, Regulation 1)

36
Judicial management proceedings

• Rule 30 of the Companies Regulations (Judicial
  Management) application for JM order to be made
  by OS (Form 63A)

• Supporting facts to be deposed to in affidavit
  supporting OS (Form 63B)
• Supporting affidavit to be filed together with OS

• From 1 April 2006, EFS case type will switch
  (from OP) to OS

37
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.

38
Impact on practice
39
Impact on practice

• Changes mostly pertain to mode of commencement

• No changes in fee structure

40
Amendments of pending Motions, Petitions and SICs

• For cases pending or applications filed prior to
  1 April 2006

• Amendments using existing (old) forms and
  procedure

41
Changes to EFS
42
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

43
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

44
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-barred if 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_at_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

45
Schedule of changes

• 2 April 2006 (Sunday)
• Front end filing resumed by 2000 hours
• CrimsonLogic Helpdesk
• Hotline [phone] 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.

46
The End

• Thank you.
• AR Yeong Zee Kin
• AR Chung Yoon Joo
• AR Dorcas Quek