Part 4: Commencement of Proceedings

4A: Commencement of Proceedings 47. Documents to be filed at the Registry 48. Information to be provided in cause papers and documents that are filed in the Registry 49. Identification numbers to be stated in cause papers 50. Endorsements on originating processes and other documents 51. Distribution of applications 52. Summonses 53. Notice of Proceedings 4B: Proceedings under the Adoption of Children Act 2022 54. Submission of supporting documents 4C: Proceedings under the Mental Capacity Act 2008 55. Definitions of this Part 56. Documents to be filed 57. Where permission is not required to make an application 58. Where permission is required to make an application 59. Applications involving the appointment of deputies 60. Application for statutory wills 61. Uncontested applications for certain specified matters 4D: Proceedings under the Status of Children (Assisted Reproduction Technology) Act 2013 62. Proceedings under the Status of Children (Assisted Reproduction Technology) Act 2013 4E: Proceedings under the Voluntary Sterilisation Act 1974 63. Proceedings under the Voluntary Sterilisation Act 1974

All documents to be filed in the Registry must have the title “In the Family Justice Courts of the Republic of Singapore”.

Parties are to refer to paragraph 3(4) of the Family Justice Courts Practice Directions 2015 for the documents which will continue to be filed at the Legal Registry of the Supreme Court.

This paragraph shall apply to all cause papers and documents that are not filed using the Electronic Filing Service.

To facilitate the contacting of solicitors having conduct of an action or matter by members of the staff of the Family Justice Courts, the following information must be inserted on the cover sheet or the backing sheet of all cause papers and documents filed in the Registry in the format set out below:

(Name of solicitor(s) having conduct of action or charge of matter) (Name of law firm) (Address of law firm) Email: (Email address of solicitor / law firm) Tel: (Contact telephone number) Ref: (File reference of law firm)

The information is to be inserted as a block near the bottom of the cover sheet or near the bottom right hand corner of the backing sheet.

Parties named in the title of the documents

Where a party to any proceedings in the Family Justice Courts first files a document in such proceedings, he or she shall state his or her identification number, in parentheses, in the title of the document immediately below or after his or her name. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in the title of the documents in parentheses below or after the name of the party to which it applies.

Parties not named in the title of the documents

Where a party to any proceedings in the Family Justice Courts first files a document in such proceedings, and the name of the party does not appear in the title of the document but does appear in the body of the document, then the identification number of the party should be stated, in parentheses, below or after the first appearance of his or her name in the document. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in parentheses immediately below or after the first appearance of the name of the party to which it applies in the subsequent document.

Documents filed by two or more parties

Sub-paragraphs (1) and (2) shall apply, with the necessary modifications, to documents which are filed by more than one party.

Identification numbers for non-parties

If any person (living or dead), any entity or any property is in part or in whole the subject matter of any proceedings, or is affected by any proceedings, but is not a party thereto, and the name of such person, entity or property is to appear in the title of the documents filed in the proceedings, the party filing the first document in the proceedings must state the identification number of such person, entity or property in parentheses immediately below or after the name of the same. Thereafter, all documents subsequently filed in the proceedings by any party shall include this identification number in parentheses immediately below or after the name of the person, entity or property to which it applies. If the party filing the first document in the proceedings is unable, after reasonable enquiry, to discover the identification number of the person, entity or property, he or she may state immediately below or after the name of the same “(ID Unknown)”. All documents subsequently filed by any party shall then contain these words in parentheses below or after the name of this person, entity or property.

Special cases

The following directions shall apply in addition to the directions contained in sub-paragraphs (1) to (4):

where a party is represented by a litigation representative or guardian in adoption or deputy, sub-paragraphs (1) to (3) shall apply to the litigation representative or guardian in adoption or deputy as if he or she were party to the proceedings, and the identification numbers of the party, the litigation representative and / or guardian in adoption and / or deputy must be stated below or after the name of each, as appropriate; (b) where parties are involved in any proceedings as the personal representatives of the estate of a deceased person, sub-paragraphs (1) to (3) shall apply to the deceased person as if he or she were a party; and (c) where more than one identification number applies to any party, person, entity or property, all the identification numbers shall be stated in any convenient order.

Identification numbers

When entering the identification number in the Electronic Filing Service, the full identification number, including the letters before and after the number should be entered.

Guidelines for the selection of identification numbers

The following guidelines should be followed in deciding on the appropriate identification number.

Natural person with Singapore identity card For a natural person who is a Singapore citizen or permanent resident, the identification number is the number of the identity card issued under the National Registration Act 1965. The 7-digit number as well as the letters at the front and end should be stated. For example, “(NRIC No. S1234567A)”. (b) Natural person with FIN number For a natural person (whether a Singapore citizen or permanent resident or not) who has not been issued with an identity card under the National Registration Act 1965, but has been assigned a FIN number under the Immigration Regulations, the identification number is the FIN number. The number should be preceded by the prefix “FIN No.” (c) Natural person: birth certificate or passport number For a natural person (whether a Singapore citizen or permanent resident or not) who has not been issued with an identity card under the National Registration Act 1965 or assigned a FIN number, the identification number is the birth certificate or passport number. The number should be preceded by either of the following, as appropriate: “(Issuing country) BC No.” or “(Issuing country) PP No.” (d) Natural person: other numbers For a natural person who is not a Singapore citizen or permanent resident, and has not been assigned a FIN number and does not have a birth certificate or passport number, the identification number is the number of any identification document he or she may possess. Both the number as well as some descriptive words which will enable the nature of the number given and the authority issuing the identification document to be ascertained should be stated. For example, “Japanese Identification Card No.” (e) Deceased person For a deceased natural person, the identification number shall be as set out in sub-paragraphs (7)(a) to (d). However, if such numbers are not available, the identification number is the death registration number under the Registration of Births and Deaths Rules or the equivalent foreign provisions, where the death is registered abroad. The number as well as the following words should be stated: “(Country or place of registration of death) Death Reg. No.” (f) Company registered under the Companies Act 1967 For a company registered under the Companies Act 1967, the identification number is the Unique Entity Number (UEN). (g) Company registered outside Singapore For a company registered outside Singapore which is not registered under the Companies Act 1967, the identification number is the registration number of the company in the country of registration. (h) Business registered under the Business Names Registration Act 2014 &x20;For a body registered under the Business Names Registration Act 2014, the identification number is the UEN number. (i) Limited liability partnership registered under the Limited Liability Partnerships Act 2005 For a limited liability partnership registered under the Limited Liability Partnerships Act 2005, the identification number is the UEN number. (j) Other bodies and associations &x20;For any other body or association, whether incorporated or otherwise, which does not fall within sub-paragraphs 7(f) to (i), the identification number is any unique number assigned to the body or association by any authority. Both the number as well as some descriptive words which will enable the nature of the number given and the authority assigning the number to be ascertained should be stated. For example, “Singapore Trade Union Reg. No. 123 A”. (k) No identification numbers exist Where the appropriate identification numbers prescribed by sub-paragraphs (7)(a) to (j) do not exist, the following words should be stated immediately below or after the name of the party, person or entity concerned: “(No ID No. exists)”.

Inability to furnish identification number at the time of filing a document

If a party who wishes to file a document is unable at the time of filing to furnish the necessary identification numbers required by this paragraph, the party may indicate “(ID No. Not Known)” at the time of filing. However, when the necessary identification numbers have been obtained, the party will have to furnish the necessary identification numbers to the Registry through the Electronic Filing Service.

Meaning of document

To avoid doubt, the words “document” and “documents” when used in this paragraph include all originating processes filed in the Family Justice Courts regardless of whether they are governed by the Family Justice (General) Rules 2024.

Non-compliance

Any document which does not comply with this paragraph may be rejected for filing by the Registry.

Where it is necessary to include endorsements on any document, the directions in this paragraph apply.

Endorsements are normally made on originating processes and other documents to show renewal and amendments. Such endorsements on originating processes and other documents do not require the Registrar’s signature as they are made pursuant to either an order of Court or the Family Justice (General) Rules 2024. The Registrar should therefore not be asked to sign such endorsements.

For documents that are filed through the Electronic Filing Service as electronic forms composed online:

Solicitors should select the appropriate endorsement, and check the accuracy of the electronic form in the preview stage before filing the originating process or other document. The acceptance by the Registry of electronic forms composed online does not affect the regularity of any endorsements on the document. (b) Where endorsements can be made prior to the filing or issuance of a document, those endorsements must be incorporated into the document before the document is filed or issued. (c) Where endorsements must be made on a document which has already been filed or issued, a fresh copy of the document containing the relevant endorsements must be prepared, and the document must be re-filed or re-issued, as the case may be. An example of this would be renewals of originating applications.

All applications in chambers (including originating applications and summonses) shall be filed without specifying whether the application is to be heard before a Judge or the Registrar.

A party filing a summons without notice must indicate in the summons that it is without notice. A party filing a summons “by consent” must file the consent of all other parties to the matter in the relevant form.

After the filing of any summons without notice or “by consent” summons, the application will be examined by the Judge or Registrar as the case may be. If the Judge or Registrar is satisfied that the application is in order and all other requirements have been complied with, the Judge or Registrar may make the order(s) applied for without the attendance of the applicant or his or her solicitor.

Summonses that are filed using the Electronic Filing Service will be routed to the inbox of the applicant solicitor’s Electronic Filing Service account. Where the summons is filed through the service bureau, it may be collected at the service bureau. Enquiries by telephone will not be entertained.

Where a summons is filed in a matter for which a trial or hearing date has already been fixed, the summons must include a special request informing the Court of the trial or hearing date(s).

This paragraph applies to all originating applications except originating applications for:

orders under the Protection from Harassment Act 2014; and (b) an appeal against the decision of a tribunal, an application for a case to be stated or an application by way of case stated.

An originating application is to be served with the applicable Notice of Proceedings (“NOP”), which sets out important information to the recipient on subsequent steps which he or she should take.

The table below sets out the applicable NOP which should be used depending on the nature of the originating application:

| Nature of application | NOP to be used | | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------- | | Originating application for orders under the Mental Capacity Act 2008 (Non-simplified) | NOP (Organisation) if service is to be effected on an organisation providing residential accommodation to P | | | NOP (General) for all other relevant persons and parties | | Originating application for orders under the Mental Capacity Act 2008 (Simplified) (i.e. a simplified application filed pursuant to Part 5, Rule 8 of the Family Justice (General) Rules 2024) | NOP (Organisation) if service is to be effected on an organisation providing residential accommodation to P | | | NOP (Simplified) for all other relevant persons and parties who had not given prior consent | | Originating application for divorce (Simplified)Originating application for judicial separation (Simplified) | NOP (Simplified) | | All other originating applications | NOP (General) |

While the correct version of the NOP is designed to be issued along with the originating application, the applicants are reminded to verify the accuracy of the information within the NOP. The crucial details include the correct timeline for the recipient’s response and the correct version of the NOP.

Generation of NOP

For an originating application for orders under the Mental Capacity Act 2008 (Simplified), the NOP (Simplified) can be generated in the iFAMS with the originating application when the originating application is issued. Otherwise, the applicant shall prepare the NOP using the relevant URL link in the iFAMS or the relevant forms in these Practice Directions.

For all other originating applications to which this paragraph applies, the NOP can be generated in the IELS in 2 ways: (a) with the originating application when the originating application is issued; or (b) as a separate court document.

Where the child has been issued a physical birth certificate, the original birth certificate and the original translation of the birth certificate (if any) of the child shall be submitted to the Adoption Counter of the Family Registry at least 7 working days prior to the hearing of the originating application accompanied with a cover letter in the prescribed format in Form 69 of Appendix A of these Practice Directions.

Where the child has been issued a digital or electronic birth certificate, sub-paragraph (1) does not apply. To avoid doubt, where the child has been issued a digital or electronic birth certificate that cannot be verified (e.g. by way of a QR code), the Court may direct the applicants to furnish evidence in support of the authenticity of the child’s birth certificate.

In this Part 4C, unless the context otherwise requires, “Act” means the Mental Capacity Act 2008.

The Court may reject any document filed if there are errors or if the document does not comply with the Family Justice (General) Rules 2024, these Practice Directions, or any other directions made by the Court.

&x20;(2) The explanatory text in Form 59 of Appendix A of these Practice Directions shall be excluded from the originating application. In addition, where a choice is set out in the form (e.g. deputy / deputies), the inapplicable choice shall be deleted.

If the applicant falls or believes himself or herself to fall within the categories of persons who do not require permission to file an application, this shall be stated in the supporting affidavit. Relevant documents, such as copies of birth certificates or marriage certificates, of the lasting powers of attorney or of the Court orders appointing the deputies shall be exhibited to support the averment that no permission is required for an application under the Act.

Where permission is required to make an application, that prayer must be included in the main application itself. There is no requirement for a separate application for permission. The grounds upon which the applicant is relying to obtain such permission must be stated clearly in the supporting affidavit. The Court will decide whether to grant such permission based on the grounds relied upon by the applicant.

The prayers

It must be stated clearly in the originating application whether the declaration sought in respect of P’s lack of capacity concerns either P’s personal welfare or P’s property and affairs or both.

The applicant shall ensure that the originating application, the supporting affidavit and the doctor’s affidavit exhibiting the medical report are consistent as to whether P lacks capacity in relation to his or her personal welfare or his or her property and affairs or both.

If there is more than one deputy sought to be appointed, the originating application must state whether the deputies are to act jointly or jointly and severally.

The powers sought for the deputies are to be drafted appropriately to suit the purpose of each application.

Any other specific orders or reliefs that are required on the particular facts of each case are to be included.

The supporting affidavit by the applicant and the deputies

If there is more than one applicant or proposed deputy, a single affidavit shall be made by all the applicants or proposed deputies. The applicants or proposed deputies shall not file separate supporting affidavits.

The doctor’s affidavit exhibiting the medical report

The application shall also be accompanied by a doctor’s affidavit and medical report.

In order to assist the Court, the medical report shall:

distinguish clearly between observations or conclusions based on information given to the doctor and those that are based on the doctor’s examination of P; (b) contain a clear opinion as to whether P lacks capacity in relation to the matters specified in the application; (c) be current and must comply with the following requirements: (i) the medical report must have been prepared less than 6 months before the date of the application to Court; and (ii) the medical report must be based on an examination of P by the doctor less than 12 months before the date of the report; (d) contain a clear opinion on P’s prognosis; and (e) contain sufficient information to justify the doctor’s opinions and conclusions.

The affidavit by the successor deputy or deputies

If the applicant seeks to apply for the appointment of a successor deputy or deputies, the application must also be accompanied by an affidavit of the proposed successor deputy or deputies in Form 62 of Appendix A of these Practice Directions.

The application for a statutory will under section 23(1) of the Act shall be accompanied by a supporting affidavit which includes the following information and exhibits:

a copy of the draft will; (b) a copy of the existing will or codicil (if any); (c) any consents to act by proposed executors; (d) details of P’s family, preferably in the form of a family tree, including details of the full name and date of birth of each person included in the family tree; (e) a schedule showing details of all of P’s assets and properties, with up to date valuations; (f) an up to date report of P’s medical condition, life expectancy, likelihood of requiring increased expenses in the foreseeable future, and testamentary capacity; and (g) an explanation as to why it is necessary or desirable for the Court to execute the will on behalf of P.

The Court may direct that any other material or information is to be filed by the applicant and if it does, the material or information is to be set out in a supplementary affidavit.

The application shall also be accompanied by a doctor’s affidavit and medical report, both of which must comply with paragraph 59(8) of these Practice Directions.

The applicant must name as a respondent:

any beneficiary under an existing will or codicil who is likely to be materially or adversely affected by the application; (b) any beneficiary under the proposed will or codicil who is likely to be materially or adversely affected by the application; (c) any prospective beneficiary under P’s intestacy where P has no existing will; and (d) any donee under a lasting power of attorney executed by P or any Court-appointed deputy of P.

Once an order is made for a statutory will, the applicant must file a copy of the will for sealing by the Court. The statutory will is considered valid only with the seal of Court.

A specified matter application under Part 5, Rule 8 of the Family Justice (General) Rules 2024 shall be made via the iFAMS under “Mental Capacity Act Application”.

The specified matters to which Part 5, Rule 8 of the Family Justice (General) Rules 2024 apply are the appointment of a deputy / deputies to make decisions on P’s behalf in relation to one or more of the following matters:

To consent to medical treatment for P; (b) To consent to dental treatment for P. (c) To decide where and with whom P is to live; (d) To decide on care services for P; (e) To decide on travelling arrangements for P; (f) To open a bank account for P; (g) To close P’s bank account; (h) To place P’s money in fixed deposit accounts in P’s bank; (i) To terminate GIRO arrangements linked to P’s bank account; (j) To cancel P’s credit cards; (k) To pay P’s debts; (l) To rent out P’s property; (m) To decide on upgrading or renovation of P’s property; (n) To lodge a Notice of Death in respect of P’s property; (o) To apply for a replacement Certificate of Title in respect of P’s property; (p) To purchase insurance policies for P; (q) To place P’s monies in a trust for P; (r) To apply to and / or communicate with and / or make agreements with any Government agency or agency or entity designated by the Government to administer the matter in question on behalf of P to the extent to which P would have been able to if P had mental capacity, and to receive monies paid to P by any government agency or agency or entity designated by the government in relation to the aforesaid; (s) To obtain information relating to P; (t) To decide and act for P in relation to Central Provident Fund matters; (u) To receive monies paid to P on a regular basis by the Central Provident Fund Board; (v) To enter into contracts for P; (w) To conduct legal proceedings in P’s name or on P’s behalf; (x) Provided that the total amount received is no more than $80,000, to do one or more of the following: (i) To withdraw monies from P’s bank account; (ii) To surrender, claim, receive and / or administer P’s insurance monies; (iii) To sell P’s shares; (iv) To sell P’s motor vehicle. (y) To receive up to $60,000 of P’s monies from the Central Provident Fund Board in addition to monies paid to P on a regular basis by the Central Provident Fund Board.

A medical report filed by P’s doctor in support of a specified matter application under Part 5, Rule 8 of the Family Justice (General) Rules 2024 is to be filed through the iFAMS under “Mental Capacity Act Application”. In order to assist the Court, the medical report must be current and must comply with the following requirements:

the medical report must have been prepared less than 6 months before the date of the application to Court; and (b) the medical report must be based on an examination of P by the doctor less than 12 months before the date of the report.

In this Part 4D, unless the context otherwise requires, “Act” means the Status of Children (Assisted Reproduction Technology) Act 2013.

The affidavit in support of an application under section 10 or 15 of the Act for the determination or declaration of parenthood must:

state the grounds of the application; (b) include any information which may assist the Court in determining the application; (c) state whether the applicant has made a previous application under the Act in respect of the same relevant child, and if so, to provide particulars of that application including any order of Court made in that application; (d) include a Statement in Form 70 of Appendix A of these Practice Directions; and (e) include any document for proving the matters stated in the affidavit.

The supporting affidavit referred to in sub-paragraph (2) must verify the information in the Statement referred to in sub-paragraph (2)(d).

The affidavit in support of an application for permission of the Court referred to in section 10(2)(d) of the Act must:

state the grounds of the application; (b) include any information which may assist the Court in determining the application; (c) state whether the applicant has made a previous application under the Act in respect of the same relevant child, and if so, to provide particulars of that application including any order of Court made in that application; and (d) include any document for proving the matters stated in the affidavit.

In this Part 4E, unless the context otherwise requires:

“Act” means the Voluntary Sterilisation Act 1974; (b) “relevant person” means a person who lacks capacity, within the meaning of section 4 of the Mental Capacity Act 2008, to consent to undergoing any treatment for sexual sterilisation

The affidavit in support of an application under section 3(2)(d) or (e) of the Act must contain the following:

if the application is made under section 3(2)(d) of the Act, an authenticated copy of the marriage certificate or the entry in the register of marriages in respect of the applicant and the relevant person; (b) if the application is made under section 3(2)(e) of the Act and the applicant is a parent of the relevant person, an authenticated copy of the birth certificate of the relevant person; (c) if the application is made under section 3(2)(e) of the Act and the applicant is a guardian of the relevant person, such evidence to show that the applicant has been entrusted with the care and custody of the relevant person; (d) a statement by the applicant that he or she has received, from the registered medical practitioner who will be carrying out the treatment for sexual sterilisation, a full and reasonable explanation as to the meaning and consequences of that treatment, and that the applicant clearly understands the meaning and consequences of that treatment; (e) a report from the registered medical practitioner who will be carrying out the treatment for sexual sterilisation stating that: (i) the relevant person who is to undergo such treatment lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 to consent to that treatment; (ii) he or she has given the applicant a full and reasonable explanation as to the meaning and consequences of that treatment; and (iii) such treatment is in his or her professional opinion necessary in the best interests of the relevant person.