Singapore legislation

Section 33

of Employment Claims Act 2016

Section 33

Rules of Court

Amended by40/201940/2019

(1)

The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court —

(a)

to regulate and prescribe —

(i)

the procedure and practice to be followed —

(A)

in an application under section 7(2) to a District Court for a settlement agreement mentioned in section 7(1) to be registered in that Court;

(B)

in an application under section 7(4) to a District Court to set aside the registration in a District Court of a settlement agreement mentioned in section 7(1);

(C)

in the tribunals and the Registry;

(D)

in an application under section 17(1) to the General Division of the High Court, a District Court or a Magistrate’s Court for any proceedings before a tribunal, or a counterclaim in those proceedings, to be transferred to the General Division of the High Court, a District Court or a Magistrate’s Court (as the case may be);

(E)

in an appeal to the General Division of the High Court under section 23 against an order made by a tribunal under section 22(1);

(F)

in an application to a District Court for leave under section 23(2) to appeal to the General Division of the High Court against an order made by a tribunal under section 22(1); or

(G)

in an application to the General Division of the High Court or a District Court for a stay of execution under section 24 of an order made by a tribunal under section 22(1); and

(ii)

any matters incidental to or relating to any such procedure and practice;

(b)

to provide for the enforcement of orders of the tribunals;

(c)

to provide for fees and costs for the proceedings mentioned in paragraph (a); and

(d)

to prescribe any matters required by this Act to be prescribed by Rules of Court made under this section.

Amended by40/2019

(2)

Without limiting subsection (1), the Rules of Court made under this section may provide for the following matters:

(a)

the part of the business and the jurisdiction and powers of a tribunal magistrate which may be transacted and exercised by a Registrar;

(b)

the form and content of documents to be used, the sealing of documents, the service of documents, and the giving of notices, for proceedings in a tribunal or court;

(c)

the manner in which and time within which any act, application to a tribunal, claim or appeal under this Act is to be done, lodged or made;

(d)

the functions, powers and duties of the tribunals, a Registrar and other officers of the tribunals or the Registry, including in relation to —

(i)

the service of documents and giving of notices;

(ii)

the enlargement or abridgement of time for the doing of any act or for taking any proceedings; and

(iii)

the conduct of proceedings;

(e)

the manner in which, and the time within which, an application to a tribunal or a claim may be heard, and the circumstances and manner in which claims may be heard together;

(f)

the withdrawal and amendment of claims;

(g)

the summoning of witnesses and the payment of witnesses from public funds or otherwise;

(h)

the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings or on any application to a tribunal in connection with or at any stage of any proceedings before a tribunal;

(i)

the transfer of proceedings from a tribunal to a court;

(j)

the joinder of parties in proceedings before a tribunal;

(k)

the cases in which a person absent, but having an interest in a claim, is to be bound by an order of a tribunal or a Registrar made in relation to that claim;

(l)

the circumstances in which an order of a tribunal or a Registrar may be made for the representation of an absent person by a party to the proceedings before a tribunal;

(m)

the circumstances in which any decision, direction or order of a tribunal or a Registrar may be set aside, and the procedure for setting aside any such decision, direction or order;

(n)

the circumstances in which any decision, direction or order of a Registrar may be appealed against, and the procedure for appeals from a Registrar to a tribunal and from a tribunal to the General Division of the High Court;

(o)

the scales of allowances, costs and fees to be taken, or paid to any party or witness, in any proceedings before a tribunal or a Registrar;

(p)

the fees to be charged for anything done by a tribunal or a Registrar, or for any service rendered by the Registry, under or by virtue of this Act;

(q)

the waiver, refund or remission, whether wholly or in part, of any fee provided for in those Rules of Court;

(r)

the circumstances (in addition to those mentioned in section 22(2)) in which costs may be awarded in any proceedings before a tribunal or a Registrar, and any other matters relating to the costs of those proceedings.

Amended by40/2019

(3)

The Rules of Court made under this section may, instead of providing for any matter, refer to any provision made or to be made for that matter by practice directions issued for the time being by the registrar of the State Courts.

(4)

All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.