Part 25: Contentious Proceedings Under the Family Justice (Probate and Other Matters) Rules 2024

219. Definitions 220. Judge led approach in resolving disputes and case management 221. Attendance of solicitors at case conferences 222. Documents to be filed for case conferences 223. Overview of amicable resolution of dispute 224. Amicable resolution offer and response to amicable resolution offer 225. Powers of the Court to direct mediation 226. Mediation conducted by the Court 227. Court-ordered private mediation 228. Transfer of proceedings 229. Appeals

In Part 25:

“2014 Order” means the Family Justice (Family Proceedings before Family Division of High Court) Order 2014; (b) “probate action” means an action for the grant of probate of the will, or letters of administration of the estate, of a deceased person or for the revocation of such a grant or for an order pronouncing for or against the validity of an alleged will, not being an action which is non-contentious.

The overarching purpose of case management is to facilitate the resolution of disputes in accordance with the ideals set out in Part 3, Rule 1(2) of the Family Justice (Probate and Other Matters) Rules 2024 (“Ideals”).

Parties to a proceeding and their solicitors are required to conduct all proceedings in a way that is consistent with the overarching purpose.

The parties and their solicitors are obliged to cooperate with, and assist, the Court in achieving the overarching purpose and, in particular, in identifying the real issues in dispute as early as possible and in dealing with those issues efficiently.

Case conferences will be fixed for all originating claims and contentious originating applications filed in the Family Justice Courts. At the case conference, in addition to the matters set out in Part 2, Rule 6 of the Family Justice (Probate and Other Matters) Rules 2024, the matters to be considered may include the following, where applicable:

the parties’ cases and causes of action; (b) whether the causes of action are within the jurisdiction of the Family Justice Courts; (c) the value of the estate; (d) the transfer of proceedings to the Family Division or the Family Courts (as the case may be); (e) the issues in the action; (f) the capacity in which any party sues or is sued; (g) service of documents; (h) the exchange of affidavits of testamentary scripts; (i) whether pleadings are to be amended or supplementary affidavits to be filed in view of the information disclosed in the affidavits of testamentary scripts; (j) the identification of any person who is not a party to the action but who will or may be affected by any judgment given in the action (“Person Affected”); (k) the issuance and service of a notice of action on any Person Affected; (l) the filing of pleadings, affidavit or affidavit of testamentary scripts by any Person Affected who has filed a notice of intention to contest or not contest the claim; (m) the likelihood of settlement of the contested issues; (n) whether parties have or are attempting to resolve the dispute by amicable resolution; (o) whether directions are required to facilitate the parties’ attempt to resolve the dispute by amicable resolution; (p) whether directions under Part 5, Rule 4 of the Family Justice (Probate and Other Matters) Rules 2024 are to be given for parties to attempt to resolve any dispute by amicable resolution with a Person Affected who has not filed a notice of intention to contest or not contest the claim; (q) the filing of affidavits, summonses and any other necessary documents; (r) the filing of the single application pending trial and the matters to be dealt with under such an application; (s) the witnesses who will be called and whether they need interpretation; (t) the number of days required for the hearing and the fixing of hearing dates; and (u) the administrative arrangements for the next hearing (e.g. whether interpreters are required etc.).

A case conference referred to in Order 9, Rule 1 of the Rules of Court 2021 should be attended by lead counsel, or a solicitor who is familiar with the case and has sufficient authority to make decisions. Otherwise, the Court may stand down or adjourn the case conference until a solicitor who has sufficient knowledge and authority is present.

A case conference is generally conducted by the Registrar, but the Registrar may refer any matter at any time to the assigned Judge in that action, or if there is none, to any Judge. A case conference conducted by the Registrar is referred to as a Registrar’s Case Conference (“RCC”).

Pre-Case Conference Questionnaire

The Pre-Case Conference Questionnaire (“PCQ”) is intended to facilitate the Court’s discussion with parties at the case conferences on the various issues, timelines and milestones for each case. Solicitors or parties who are not legally represented should familiarise themselves with the PCQ and be ready to address the Court on the issues relevant to the parties’ respective cases.

Unless the Court otherwise directs, each party must file the PCQ in the manner and form set out in Form 179 of Appendix C of these Practice Directions, to the extent possible, 1 week before the first RCC. Parties are to confer and discuss the matters in the PCQ, including agreed positions (if any) before filing the PCQ.

Unless otherwise directed by the Court, the first RCC will be fixed:

in a case where the respondent is to be served in Singapore, 8 weeks after the originating claim or originating application is issued; or (b) in a case where an originating claim or originating application is to be served out of Singapore, 12 weeks after the originating claim or originating application is issued.

At the first RCC, the PCQ will be discussed with the Registrar. The Registrar may direct parties to update or supplement parts of the PCQ at a later stage, if necessary.

List of Issues

At an appropriate stage of the proceedings, the Court may direct the parties to file a List of Issues (“LOI”) which may also be included in the PCQ.

The LOI is a neutral case management tool which identifies the principal issues in dispute and enables the Court and parties to determine matters such as the scope of production of documents and the scope of factual and expert evidence (if any) which should be adduced. The LOI will be continually reviewed and refined by the Court and the parties at the case conferences as the case progresses.

Where both parties are not legally represented, the Court may work with the parties on the drafting of the LOI during the case conference.

Expert Witness Template

Prior to the RCC where the issue of expert evidence (if any) is discussed, the parties are to fill in an Expert Witness Template in Form 180 of Appendix C of these Practice Directions.

The Expert Witness Template requires the parties to provide information such as the general information pertaining to the proposed expert(s), the list of issues to be referred to the proposed expert(s), the proposed timelines for the proposed expert(s) to render his or her opinion, and the proposed duration for the expert(s)’ evidence at trial.

Parties are to comply with Order 12 of the Rules of Court 2021 if they intend to adduce expert evidence for court proceedings. Parties must furnish to their intended expert witnesses, prior to any appointment, a copy of the Note to Expert Witness in Form 181 of Appendix C of these Practice Directions.

Position on an order under Order 9, Rule 8(1) of the Rules of Court 2021

Order 9, Rule 8(1) of the Rules of Court 2021 states:

Affidavits of evidence-in-chief (O. 9, r. 8) 8.—

In appropriate cases, the parties will be required to indicate at the RCC whether they have any objection to an order under Order 9, Rule 8(1) of the Rules of Court 2021 being made in their case.

Single application pending trial checklist (SAPT Checklist)

At least 2 weeks before the date of the RCC where the issue of the filing of the SAPT will be discussed, or within such other period as the Court may direct, the Court may direct parties to complete the SAPT Checklist. A sample SAPT Checklist can be found in Form 182 of Appendix C of these Practice Directions. The SAPT Checklist is intended for parties to indicate their preferred sequence of the matters set out in the SAPT.

The parties must fill in the SAPT Checklist in the following manner:

At the point of filing the SAPT, the applicant must complete columns A, B and C of the SAPT Checklist and serve it on the respondent. (b) The parties are to confer on the applicant’s proposed sequence for the matters to be heard as set out in column C of the SAPT Checklist. (c) Where the parties agree on the proposed sequence for the matters to be heard as set out in column C of the SAPT Checklist, the respondent is to indicate this in column D of the SAPT Checklist. (d) Where the respondent does not agree to the whole or any part of the applicant’s proposed sequence for the matters to be heard as set out in column C of the SAPT Checklist, the applicant is to include brief reasons for the applicant’s position, and the respondent is to set out in column D of the SAPT Checklist the respondent’s proposed sequence for the matters to be heard as well as brief reasons for the respondent’s position.

The respondent must file the completed SAPT checklist at least 1 week before the date of the RCC where the issue of the filing of the SAPT will be discussed, or within such other period as the Court may direct.

Directions may be given by the Court for the soft copy of the SAPT Checklist in Microsoft Word format to be sent via email to the Registry.

The Court will then issue the directions on the SAPT to inform parties of the sequence of the matters to be heard for the SAPT.

It is the professional duty of solicitors to advise their clients to consider the amicable resolution of the dispute as well as to give their clients sufficient information about the different ways in which their disputes may be resolved using an appropriate form of amicable resolution. In this connection, the attention of solicitors is drawn to Rule 17(2)(e) of the Legal Profession (Professional Conduct) Rules 2015.

The guidelines in Appendix D of the Supreme Court Practice Directions 2021 on advising clients about amicable resolution of disputes apply.

The amicable resolution of the dispute must be considered before the commencement and during the course of any action or appeal in order to facilitate the just, expeditious and economical disposal of cases. This is especially where amicable resolution of the dispute may save costs, achieve a quicker resolution and be a surer way of meeting the parties’ needs.

To ensure that parties are in compliance with Part 5, Rules 1 and 2 of the Family Justice (Probate and Other Matters) Rules 2024 and that the Court is apprised of the same, solicitors are required to state in the PCQ, in particular under Section 4 (Settlement and Amicable Resolution of Dispute Options), whether amicable resolution has been attempted and if so, when and the form of amicable resolution attempted by the parties. The PCQ is to be submitted before the first RCC.

The attention of solicitors as well as all the parties is drawn to Part 16, Rule 4(c) of the Family Justice (Probate and Other Matters) Rules 2024. Solicitors should advise their clients on potential adverse costs orders for any unreasonable refusal to engage in amicable resolution.

A party who wishes to attempt mediation or any other means of amicable resolution of the dispute should file and serve on all relevant parties an amicable resolution offer in Form 183 of Appendix C of these Practice Directions. The party in receipt is to respond by filing and serving the Response to Amicable Resolution Offer in Form 184 of Appendix C of these Practice Directions.

If all the parties are willing to attempt amicable resolution of the dispute, directions may be given by the Court, including an adjournment of pending proceedings in Court with stipulated timelines for the completion of the amicable resolution process.

If the Court orders a party to submit a sealed document setting out the party’s reasons for refusing to attempt amicable resolution pursuant to Part 5, Rule 3(3) of the Family Justice (Probate and Other Matters) Rules 2024, the party is to file the sealed document through the Electronic Filing Service into the electronic case file under “ADR Sealed Document” within 7 days after the date of the order of Court, unless the Court otherwise directs. The “ADR Sealed Document” does not need to be served on the other party or parties to the case.

The “ADR Sealed Document” will be sealed upon acceptance by the Registry. Apart from the filing party, the “ADR Sealed Document” will not be available for inspection by any other party or the trial Court, until the issue of costs of the action is to be considered.

Solicitors must ensure that their clients are fully informed of the option of using amicable resolution before attending the case conference. They are expected to advise their clients and to take instructions on the desirability of referring the dispute to amicable resolution.

In any proceedings before the Court, it may direct that parties attend mediation pursuant to section 26(9) of the Family Justice Act 2014 to encourage parties to resolve the matter amicably and assist parties in reaching an agreement or to narrow the issues in contention.

It is the professional duty of solicitors to advise their clients about mediation. Mediation shall be considered at the earliest possible stage in order to facilitate an amicable resolution of the dispute.

The types of mediation which the Court may direct are as follows:

Type of mediationCriteriaWho conducts the mediation?For more details, refer to:

This paragraph applies to mediations conducted by the Court.

Parties and their solicitors (if any) must personally attend all mediation sessions.

For all mediation sessions, parties and their solicitors (if any) are to prepare a summary for mediation prior to the mediation for submission and discussion during the mediation, together with all relevant documents as may be directed by the Court.

The terms of any agreement reached will be recorded by the Judge-Mediator or mediator at a mediation session. In appropriate cases, a consent order may be recorded by the Judge-Mediator at a mediation session or any other Judge upon the confirmation of the terms by the parties and / or their solicitors. In relation to a probate action, the parties are to consider the steps they wish to take under Part 7, Rule 17 of the Family Justice (Probate and Other Matters) Rules 2024 when an agreement to settle the matter has been reached.

Mediation will be conducted on a without prejudice basis. All communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law. If the dispute is not resolved at the mediation session, the Judge-Mediator or any other Judge will give the necessary directions to enable the case to proceed to trial or hearing, and the case will be heard by a Judge other than the Judge-Mediator conducting the mediation.

Where there is a disagreement between the parties on the terms of the agreement which were recorded at mediation, either party may write in for a clarification before the Judge-Mediator.

This paragraph applies to private mediations ordered by the Court.

The Registrar or the Judge may order that parties in proceedings which meet the criteria in paragraph 225(3)(a) attend private mediation conducted, at parties’ election, by the Singapore Mediation Centre or the Law Society Mediation Scheme (collectively referred to as “Assigned Private Mediator(s)”), unless parties have agreed upon a mediator (“Agreed Private Mediator”). The Registrar or the Judge may also make any orders necessary, including any orders relating to the choice of mediator (if parties are unable to agree) and pertaining to the payment for the mediation and its related fees.

For mediations conducted by the Assigned Private Mediator(s), the Registrar or the Judge may give directions and timelines for parties to agree on a mediation date and to exchange case information, documents and mediation briefs. The Registrar or the Judge will fix a return date for parties and / or solicitors to update the Court on the outcome of the private mediation.

For mediations conducted by the Agreed Private Mediator, the parties or their solicitors are to inform the Registrar or the Judge of the identity of their Agreed Private Mediator, the management of the mediation and the agreed date for mediation. The Registrar or Judge may make any order necessary for the timely and efficacious disposal of the case, including fixing return dates for the parties or their solicitors to update the Court, and / or re-directing the case to the Assigned Private Mediator(s).

Parties and their solicitors (if any) must personally attend all mediation sessions, unless otherwise stated by the private mediator.

If the dispute is resolved at private mediation, the parties and / or solicitors may apply for:

grant of a consent order in accordance with paragraph 129(1) to (4) and 129(8) of these Practice Directions; or (b) an order for trial of the claim on affidavit or discontinuance pursuant to Part 7, Rule 17 of the Family Justice (Probate and Other Matters) Rules 2024.

If the dispute is not resolved at the private mediation, the Registrar or the Judge will give the necessary directions at the return date to enable the case to proceed accordingly.

Where a claim filed in the Family Division is not within the classes of family proceedings specified in the 2014 Order to be heard and determined by the Family Division, solicitors should bring this to the attention of the Registrar and apply by summons or at the hearing of a case conference for an order that the action be transferred to a Family Court for trial or hearing under section 29(2) of the Family Justice Act 2014.

In determining whether to transfer a case filed in the Family Courts to the Family Division under section 29(1) of the Family Justice Act 2014, the Court will take into account whether:

the claim is within the classes of family proceedings specified in the 2014 Order to be heard and determined in the Family Division; (b) there is an important question of law; (c) the matter is a test case; and / or (d) there is any other sufficient reason to transfer the proceedings.

Location of appeals counter and tendering of documents

The appeals counter of the Registry is located in the Family Registry of the Family Justice Courts Building.

Request for further arguments before Judge

All requests for further arguments pursuant to Part 12, Rule 18 or Part 13, Rule 19 of the Family Justice (Probate and Other Matters) Rules 2024 must be made by way of request filed through the Electronic Filing Service and should, either in the request electronic form or a document attached to the request:

state the party making the request; (b) identify the Judge who heard the appeal; (c) specify when the order concerned was made (if the request is made after the Judge has given his or her decision); (d) state the provision of law under which the request is made; (e) set out the proposed further arguments briefly, together with any authorities; and (f) include a copy of each of the authorities cited.

A copy of the request should be furnished to all parties to the appeal.

All requests should be addressed to the Registrar.

Appeals from decisions by District Judge or Magistrate under Part 12, Division 3 of the Family Justice (Probate and Other Matters) Rules 2024

Where an appeal is filed under Part 12, Division 3 of the Family Justice (Probate and Other Matters) Rules 2024, each party is to tender 1 hard copy each of his or her written submissions and bundle of authorities (if any) to the Registry within the timelines prescribed in Part 12, Rule 21 of the Family Justice (Probate and Other Matters) Rules 2024.

The written submissions filed under Part 12, Rule 21(5) of the Family Justice (Probate and Other Matters) Rules 2024 should not exceed 35 pages (including the cover page and table of contents). The written submissions must include a cover page and a table of contents. Where the Court allows the prescribed page limit to be exceeded, fees are payable under the Third Schedule to the Family Justice (Probate and Other Matters) Rules 2024.

The party must, in lieu of the bundle of authorities, file a list of authorities (that corresponds to the table of contents of the hard copy of the bundle of authorities) into the case file using the Electronic Filing Service within the timelines prescribed in Part 12, Rule 21(5) of the Family Justice (Probate and Other Matters) Rules 2024. The bundle of authorities (whether in hard copy of soft copy) must comply with the requirements under paragraphs 101(5) to (11) of the Supreme Court Practice Directions 2021. In particular, where the bundle of authorities consists of more than 1 volume:

the table of contents of all volumes of the bundle of authorities must be placed at the beginning of Volume A; and (b) each volume must have a table of contents indicating the authorities that are contained in that volume.

Appeals from District Court and Magistrate’s Court to Family Division under Part 13 of the Family Justice (Probate and Other Matters) Rules 2024

Where an appeal is filed under Part 13 of the Family Justice (Probate and Other Matters) Rules 2024, the appellant must tender 1 hard copy each of the following documents to the Despatch Office at Level 1, Supreme Court Building not less than 5 working days before the hearing of the appeal:

the record of appeal, the appellant’s Case, the appellant’s core bundle of documents and the appellant’s bundle of authorities; and (b) if applicable, the appellant’s Reply (if any), the second core bundle (if necessary) and the appellant’s second bundle of authorities (if any).

Where an appeal is filed under Part 13 of the Family Justice (Probate and Other Matters) Rules 2024, the respondent must tender 1 hard copy each of the respondent’s Case, the respondent’s core bundle of documents (if necessary) and the respondent’s bundle of authorities to the Despatch Office at Level 1, Supreme Court Building not less than 5 working days before the hearing of the appeal

The table below sets out the prescribed page limits under Part 13, Rule 11 of the Family Justice (Probate and Other Matters) Rules 2024 of the following documents:

S/NDocumentPrescribed page limit(a)Appellant’s Case35 pages(b)Appellant’s core bundle of documents (excluding the written judgment or grounds of decision of the lower Court and the extracted order of the lower Court)55 pages(c)Respondent’s Case35 pages(d)Respondent’s core bundle of documents35 pages(e)Appellant’s Reply20 pages(f)Appellant’s second core bundle25 pages

The page limits set out in the table at sub-paragraph (10) include the cover page and table of contents. The appellant’s Case, the respondent’s Case and the appellant’s Reply must each include a cover page and a table of contents. Where the Court allows the prescribed page limit referred to at sub-paragraph (10) to be exceeded, fees are payable under the Third Schedule to the Family Justice (Probate and Other Matters) Rules 2024.

The contents of the appellant’s core bundle of documents must be arranged in the following separate volumes:

Volume A – A table of contents listing the documents included in Volumes 1 and 2, the certified copy of the written judgment or grounds of decision of the lower Court, and the extracted order of the lower Court. (b) Volume B – All other documents referred to in Part 13, Rule 2 of the Family Justice (Probate and Other Matters) Rules 2024 and a table of contents listing the documents included therein.

Each volume of the appellant’s and respondent’s core bundles of documents and the second core bundle must start at page 1. All pages (including, where applicable, the cover page, table of contents, separator sheets and exhibit sheets) must be paginated such that the printed page numbers correspond to the page numbers in the soft copy Portable Document Format (PDF) version of the document that is filed through the Electronic Filing Service, the page number must be inserted at the top right hand corner of the page, and, where there are multiple volumes, each separate volume must start at page 1, and every page in that volume must be numbered consecutively.

The party must, in lieu of the bundle of authorities, file a list of authorities (that corresponds to the table of contents of the hard copy of the bundle of authorities) into the case file using the Electronic Filing Service within the relevant prescribed timelines under Part 13, Rule 9 of the Family Justice (Probate and Other Matters) Rules 2024. The bundle of authorities (whether in hard copy of soft copy) must comply with the requirements under paragraphs 101(5) to (11) of the Supreme Court Practice Directions 2021. In particular, where the bundle of authorities consists of more than 1 volume:

the table of contents of all volumes of the bundle of authorities must be placed at the beginning of Volume I; and (b) each volume must have a table of contents indicating the authorities that are contained in that volume.

Appeals from Registrar to Judge in chambers

Where an appeal is filed under Part 12, Divisions 2 and 4 of the Family Justice (Probate and Other Matters) Rules 2024, each party is to tender 1 hard copy each of his or her written submissions and bundle of authorities (if any) to:

the Despatch Office at Level 1, Supreme Court Building for proceedings filed in the Family Division; or (b) the Registry at the Family Court Building for proceedings filed in the Family Courts

within the timelines prescribed in Part 12, Rules 16(5) and 25(5) of the Family Justice (Probate and Other Matters) Rules 2024.

The written submissions filed under Part 12, Rules 16(5) and 25(5) of the Family Justice (Probate and Other Matters) Rules 2024 should not exceed 35 pages (including the cover page and table of contents). The written submissions must include a cover page and a table of contents. Where the Court allows the prescribed page limit to be exceeded, fees are payable under the Third Schedule to the Family Justice (Probate and Other Matters) Rules 2024.

The party must, in lieu of the bundle of authorities, file a list of authorities (that corresponds to the table of contents of the hard copy of the bundle of authorities) into the case file using the Electronic Filing Service within the timelines prescribed in Part 12, Rules 16(5) and 25(5) of the Family Justice (Probate and Other Matters) Rules 2024. The bundle of authorities (whether in hard copy or soft copy) must comply with the requirements under paragraphs 101(5) to (11) of the Supreme Court Practice Directions 2021. In particular, where the bundle of authorities consists of more than 1 volume:

the table of contents of all volumes of the bundle of authorities must be placed at the beginning of Volume I; and (b) each volume must have a table of contents indicating the authorities that are contained in that volume.

Use of presentation slides for all proceedings before the Family Division of the High Court

Subject to approval by the Court, parties may utilise presentation slides to assist in oral submissions before the Court. Presentation slides may be projected in the courtroom or hearing chambers when oral submissions are made. Presentation slides must comply with the following standards:

Typeface

A clear typeface such as Arial or Times New Roman must be used; care should be taken to ensure that the font used is of at least a size equivalent to Arial font size 32. Bold and italicised fonts should be used sparingly.

Colours

There should be sufficient contrast between the slide background and text: it is preferable to use black or dark fonts with a light background. The colours used in slide backgrounds should be muted and preferably monochromatic.

Animation and sounds

Animation of slides or elements within a slide should be avoided; similarly, sounds should not be incorporated in the presentation slides unless they are necessary.

Corporate logos

Corporate logos of the law practice may be displayed on the presentation slides. Care should be taken to ensure that the size and location of corporate logos do not distract from the substance of the presentation slides.