Singapore legislation

Regulation 5

of Family Justice (Probate and Other Matters) Rules 2024

Regulation 5

Case conference (P. 2, r. 5)

Subregulation 1

A case conference will be fixed after an originating claim or an originating application is issued.

Subregulation 2

The Court may direct a party to attend the case conference personally, in addition to the party’s solicitor.

Subregulation 3

If no party attends the case conference or if the claimant is absent, the Court may dismiss the action.

Subregulation 4

If the claimant attends the case conference but has not served the claimant’s originating claim or originating application on the defendant, the Court may —

(a)

dismiss the action if it is not satisfied that the claimant has taken reasonable steps to effect service expeditiously; or

(b)

order the claimant to serve the action or to apply for substituted service, and fix another case conference.

Subregulation 5

If the claimant attends the case conference but the defendant is absent, the Court may —

(a)

where the claimant has filed an originating claim — give directions for the claimant to set down the action for trial and for the claim to be tried on affidavit evidence; or

(b)

where the claimant has filed an originating application — give judgment for the claimant if the claimant proves that the originating application has been served on the defendant.

Subregulation 6

If both the claimant and defendant attend the case conference but the defendant has not filed and served his or her defence or affidavit, the Court may —

(a)

where the claimant has filed an originating claim — give directions for the claimant to set down the action for trial and for the claim to be tried on affidavit evidence; or

(b)

give further directions for the filing and service of the defence or the defendant’s affidavit.

Subregulation 7

Where, at any time during a case conference, the parties agree to a resolution of all or any of the issues in dispute in the proceedings, the Court may enter judgment in the proceedings or make any order to give effect to that resolution.

Subregulation 8

The Court will consider whether there is scope for the parties to resolve their dispute other than by litigation.

Subregulation 9

If the defendant is challenging the jurisdiction of the Court, the Court will —

(a)

direct the defendant to file and serve the necessary application with a supporting affidavit;

(b)

direct the claimant to file and serve any affidavit in reply, with no further affidavits to be filed without the Court’s approval; and

(c)

fix the application for hearing after all affidavits have been filed and served.

Subregulation 10

Where —

(a)

a notice of action has been served on any person; and

(b)

the person files a notice of intention to contest or not contest the claim and becomes a defendant to the action,the Court may give directions for the person to file and serve his or her defence or affidavit.

Subregulation 11

A case conference may be adjourned, either generally or to a particular date, as may be appropriate.