Supreme Court of Judicature (Protection from Harassment) Rules 2021

In these Rules, unless the context otherwise requires —

In these Rules, unless the context otherwise requires, the following words have the meanings given by section 2(1) of the Act:“administrator”, “author”, “communication”, “correction (administrator) order”, “correction order”, “court”, “disabling order”, “entity”, “general correction order”, “interim disabling order”, “interim notification (administrator) order”, “interim notification order”, “interim stop publication (administrator) order”, “interim stop publication order”, “internet intermediary”, “offending communication”, “online location”, “Protection from Harassment Court”, “Protection from Harassment Court Judge”, “publish”, “Registrar”, “related person”, “statement”, “stop publication (administrator) order”, “stop publication order”, “targeted correction order” and “targeted interim notification order”.

In these Rules, any reference to a numbered form is a reference to the form bearing the corresponding number set out in the Second Schedule.

Subject to paragraphs (2), (3) and (4), Part 2 applies to a claim or counterclaim commenced in the Protection from Harassment Court on or after 1 June 2021 and PH proceedings arising from such a claim or counterclaim (called in this rule the relevant proceedings).

Part 2 does not apply if —

Part 2 does not apply to —

A Protection from Harassment Court may discontinue PH proceedings commenced under Part 2 and direct the PH proceedings to be refiled in the Protection from Harassment Court in accordance with Part 3.

Subject to paragraph (2) and rule 6, Part 3 applies to —

Part 3 does not apply to PH proceedings in the Protection from Harassment Court to which Part 2 applies under rule 3.

Subject to paragraph (3), an individual must authenticate the individual’s identity using Singpass in order to access the electronic filing service to carry out an online transaction involving the individual.

Subject to paragraph (3), a person who is authorised by an entity to carry out through the electronic filing service an online transaction involving the entity must authenticate the identity of the entity using Corppass in order to access the electronic filing service to carry out that transaction for the entity.

The Registrar may, on application by a party that is unable to authenticate the party’s identity using Singpass or Corppass, issue the party with a username and password to enable the party to access the electronic filing service to carry out an online transaction involving the party.

A party that is issued a username and password under paragraph (3) —

An individual must not facilitate the use, by any other person, of the individual’s Singpass credentials to access the electronic filing service.

An entity must not facilitate the use, by any unauthorised person, of the Corppass credentials of the entity to access the electronic filing service.

If an appropriate Form or document is submitted through the electronic filing service, the appropriate Form or document is treated as filed on the date and at the time the first part of the transmission of the appropriate Form or document is received in the electronic filing service.

Despite paragraph (1), where the submission of an appropriate Form or document through the electronic filing service is unsuccessful or delayed because of a failure or inability of the electronic filing service to transmit or process the appropriate Form or document, the Registrar may —

Every application under paragraph (2)(a) must be accompanied by proof, to the satisfaction of the Registrar, of the matters relied on to support the application.

Where an appropriate Form or document rejected under rule 13(6) is refiled through the electronic filing service, the appropriate Form or document is treated as filed only on the date on which it is subsequently accepted for filing by the Registrar, and not before.

This rule applies where the Registrar has notified any of the following persons (called in this rule the notified person) that the notified person has been given the right to access the electronic filing service to view any document served on the party in relation to simplified proceedings specified in the notice:

A notice given by the Registrar to the notified person through the electronic filing service is treated as served on the notified person 24 hours after the time the Registrar sends the notice to that notified person through the electronic filing service.

Any party required to serve a document on the notified person in relation to the simplified proceedings may serve the document on the notified person by submitting that document through the electronic filing service, and that document is treated as served on the notified person 24 hours after the time that document is treated as filed under rule 10.

Every appropriate Form or document relating to simplified proceedings required to be filed must be submitted through the electronic filing service, unless the Registrar directs otherwise.

Every appropriate Form must contain the particulars, and be accompanied by the documents, specified in the appropriate Form or by a judge or the Registrar, as the case may be.

An appropriate Form may be used in any particular case with such variations as the circumstances of that case require.

Every appropriate Form marked with the word “seal” must bear the seal of the State Courts.

If a document to be filed or received in simplified proceedings is not in the English language, it must be accompanied by a translation of the document verified by the statement of a person qualified to translate the document, before the document may be filed or received in the simplified proceedings.

An appropriate Form or document may be rejected by the Registrar if the appropriate Form or document does not comply with this Part or with any practice directions mentioned in rule 14.

The Registrar may issue practice directions for the purposes of this Part.

Documents required to be filed for the purposes of this Part must comply with the requirements of, and contain the information and particulars of parties or other persons required by, every applicable practice direction issued by the Registrar.

The Registrar may communicate with any party to simplified proceedings —

Where a party designates an electronic mail address, or agrees to communicate with the Registrar by a means of communication mentioned in paragraph (1)(c) or (d), that party must monitor that means of communication for any communication from the Registrar to that party, until the conclusion of the simplified proceedings involving that party.

A claim is made by filing the appropriate Form through the electronic filing service.

At the time of filing a claim, the claimant must —

The claimant must serve a copy of the claim and every document mentioned in paragraph (2)(b) on —

The claimant must file a declaration of service in the appropriate Form within 8 days after the date of service in accordance with paragraph (3).

The Protection from Harassment Court may grant an expedited protection order, an interim stop publication (administrator) order, an interim stop publication order, an interim notification (administrator) order or an interim notification order despite the failure to serve the claim or any document in accordance with this rule.

A person on whom a claim is served and who intends to file a response to a claim must, within 14 days after being served with the claim and the claimant’s documents, file and serve on the claimant —

At the time of filing a response, the person making the response must pay the applicable fee.

The person who files a response must file a declaration of service in the appropriate Form within 8 days after the date on which the response is served on the claimant.

A person on whom a claim is served and who intends to make a counterclaim must file and serve on the claimant a counterclaim in the appropriate Form.

At the time of filing a counterclaim, the person making the counterclaim must pay the applicable fee.

This Part (except rule 17(1)) applies to a counterclaim as if —

Where a counterclaim is filed in accordance with this rule, the Registrar must fix a case management conference or hearing, as appropriate, for both the claim and the counterclaim.

A counterclaim may be proceeded with regardless of whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.

Where the whole or part of a counterclaim is relied on as a response to the whole or part of a claim under section 11 of the Act for damages (including enhanced damages under section 11A of the Act), a Protection from Harassment Court may —

Paragraph (2) applies where 2 or more claims are pending before a Protection from Harassment Court, and it appears to the Protection from Harassment Court or Registrar —

The Protection from Harassment Court or Registrar may order any of the claims mentioned in paragraph (1) —

A claimant may amend the claim once (without the consent of any other party or permission of a Protection from Harassment Court or the Registrar) by filing the amended claim with the Registry if the claim has not been served on any of the persons required to be served under rule 17(3).

In any other case, a claimant may amend a claim which has been served only —

A person may amend a response which has been served —

A Protection from Harassment Court or the Registrar may grant permission for a claim or response to be amended under paragraph (2)(b) or (3)(b), as the case may be —

The amended claim under paragraph (2) or amended response under paragraph (3) must be filed with the Registry within 7 days after —

An amended claim must be served on every party and person required to be served the claim under rule 17(3) within the time mentioned in paragraph (5).

An amended response must be served on the claimant within the time mentioned in paragraph (5).

A declaration of service in the appropriate Form must be filed with the Registry within 8 days after the date of service in accordance with paragraph (6) or (7), as the case may be.

Paragraph (2) does not allow a claim to be amended to include any additional intended relevant party who was not identified in the claim.

Subject to this rule, the other provisions of these Rules (except Part 3) apply to an amended claim or amended response under this rule as they apply to a claim under rule 17 or a response under rule 18, as the case may be.

A claimant may discontinue a claim or withdraw any part of a claim (without the consent of any other party or the permission of a Protection from Harassment Court or the Registrar) by filing a notice in the appropriate Form, if the claim has not been served on any of the persons required to be served under rule 17(3).

In any other case, a claimant may discontinue a claim, or withdraw any part of a claim, after filing the claim only —

A party who has filed a response under rule 18 may withdraw the response by filing a notice in the appropriate Form with the Registry if the response has not been served on the claimant.

Where a response has been served on the claimant, that party may not withdraw the response, except —

The fact that a claim has been discontinued or withdrawn, in and of itself —

A Protection from Harassment Court or the Registrar may order the discovery and production of any document at any stage of simplified proceedings before the Court or Registrar (as the case may be) if the Court or Registrar considers that the order is necessary either for the fair disposal of the claim or for the saving of costs.

Where any party claims privilege in relation to or objects to the production of any document, the Protection from Harassment Court or Registrar may —

If any party fails to comply with an order (made under this rule or otherwise) by a Protection from Harassment Court or the Registrar for the discovery or production of any document, the Court or Registrar may make such order as the Court or Registrar thinks fit, including an order that the claim be dismissed or the response be struck out, as the case may be.

Where any documents have been filed and served on any person under rule 17, 18, 19, 21 or 22, further documents may be filed or served under that rule in the same action only with the permission of a Protection from Harassment Court or the Registrar.

Subject to paragraph (1), no other documents may be filed or served at any stage of simplified proceedings except with the permission of a Protection from Harassment Court or the Registrar.

A Protection from Harassment Court or the Registrar may, at any time after a claim is filed, direct any party to the simplified proceedings to appear before the Court or Registrar, for the Court or Registrar to make such order or give such directions as the Court or Registrar thinks fit for the just, expeditious and economical disposal of the cause or matter.

The orders and directions that the Protection from Harassment Court or Registrar (as the case may be) may make or give under paragraph (1) include one or more of the following:

All parties to simplified proceedings must be informed of the date and time appointed for them to appear before the Protection from Harassment Court or Registrar by way of a notice in accordance with the appropriate Form, and each party must comply with all directions contained in such notice.

In addition, where any party fails to comply with any order made or direction given by the Protection from Harassment Court or Registrar, the Court or Registrar may make such order as the Court or Registrar thinks just including, in particular, an order dismissing the claim or striking out the response (as the case may be) or granting permission to enter judgment on the claim or any part of the claim.

All simplified proceedings are to be conducted in private unless otherwise ordered by the Protection from Harassment Court.

Simplified proceedings before a Protection from Harassment Court or the Registrar may be conducted in an informal manner and the Court or Registrar (as the case may be), when dealing with a claim, may adopt a judge‑led approach.

A Protection from Harassment Court or the Registrar —

For the purpose of facilitating the fair and expedient determination of any matter in simplified proceedings before the Protection from Harassment Court or Registrar, the Court or Registrar (as the case may be) may make an order or a direction for the modification or exclusion of any provision of these Rules or the Rules of Court in relation to those proceedings.

Subject to the directions of or terms imposed by the Protection from Harassment Court or Registrar, for the purposes of any hearing before a Protection from Harassment Court or the Registrar, a party to simplified proceedings may —

A party may be represented by any of the following persons:

An application for permission required under paragraph (1)(c) or (2)(e), (f) or (g) must be made by filing the appropriate Form.

The decision of the Protection from Harassment Court or Registrar on any application for permission under paragraph (3) is final and is not subject to any appeal.

A Protection from Harassment Court or the Registrar may, on such terms as the Court or Registrar thinks just, by order extend or abridge the period within which a person is required or authorised by these Rules, or by any decision, direction or order of a Protection from Harassment Court or the Registrar, to do any act in simplified proceedings before a Protection from Harassment Court.

The period mentioned in paragraph (1) may be extended although the application for extension is not made until after the expiration of that period.

This rule does not apply to any periods relating to —

Where any parties to simplified proceedings have reached a settlement acceptable to those parties, they may notify the Registrar that they wish to record a consent order.

A Protection from Harassment Court may record the consent order without requiring the parties to appear before the Protection from Harassment Court.

Where the Protection from Harassment Court has recorded a consent order under paragraph (2), the Registrar must inform the parties of —

A Protection from Harassment Court may, on its own motion or on the application of a party to the simplified proceedings, correct an order made by the Court, or correct a statement of the Court’s grounds for making the order, to the extent necessary to rectify any of the following things:

For the purposes of computing time for filing an appeal from an order corrected under paragraph (1), time runs from the date of the original order that was made by the Protection from Harassment Court, unless the Court orders otherwise.

A Protection from Harassment Court or the Registrar may, on the Court’s or Registrar’s own motion or upon the application of a party to the simplified proceedings in the appropriate Form, summon any person by a summons in the appropriate Form —

The applicable fee is payable on filing an application to summon a witness under paragraph (1).

The Protection from Harassment Court may determine —

Every summons issued under rule 33 must be served on the witness to be summoned.

A summons must not be served on any witness outside Singapore.

The obligation on a witness summoned under rule 33 to attend any hearing extends to any time and place to which the hearing may be adjourned.

A Protection from Harassment Court or the Registrar may direct a party who served the summons to file a declaration of service in the appropriate Form.

A protection order, an expedited protection order, a stop publication (administrator) order, a stop publication order, an interim stop publication (administrator) order or an interim stop publication order must be served on every relevant party.

An order mentioned in paragraph (1) served on any additional relevant party, who was not identified in the order, must be served together with a notification in the appropriate Form naming that additional relevant party.

Where an order mentioned in paragraph (1) is to apply to another additional relevant party, who was not identified in the order or in a notification served under paragraph (2), a further notification naming that other additional relevant party must be served on that other additional relevant party with the order.

Where a party wishes to amend a notification filed and served by that party under this rule (called the earlier notification) in respect of a person named in the notification, the party may file another notification (called the amended notification) in the appropriate Form to amend and replace the earlier notification.

The party filing the amended notification must serve it on each person on whom the earlier notification was served.

Every notification, further notification or amended notification mentioned in paragraph (2), (3) or (4) must be filed before it is served, and such filing may be done without the permission of the Protection from Harassment Court.

In this rule, “additional relevant party” means —

A decision, a direction or an order given or made by a Protection from Harassment Court or the Registrar in the absence of a party may be set aside by the Court or Registrar (as the case may be) on the application of that party.

An application to set aside a decision, a direction or an order under paragraph (1) must be made by filing the appropriate Form with the facts and evidence in support of the application within —

The applicant must, at the time the application is filed, pay the applicable fee.

The applicant must serve the application on —

A person who intends to reply to the application must, within 7 days after being served with the application under paragraph (4), file and serve on the applicant a reply in the appropriate Form containing the facts and evidence in reply.

The Protection from Harassment Court or Registrar hearing the application —

Where any party or person does not appear at the hearing of the application, despite being served the application under paragraph (4), the Protection from Harassment Court or Registrar may hear the application and make a decision in the absence of that party or person, even if the interests of that party or person may be prejudicially affected by the decision.

An application under the Act to vary, suspend or cancel any order made in relation to simplified proceedings must, unless the Protection from Harassment Court or Registrar allows otherwise, be made by filing the appropriate Form with the facts and evidence in support of the application.

The applicant must serve the application on —

The Protection from Harassment Court may —

Any order made by a Protection from Harassment Court pursuant to the application must be served by the applicant —

An appeal lies to a judge from any decision, direction or order of the Registrar.

The appeal must be brought by filing, and serving on every other party to the claim to which the decision, direction or order appealed against relates, a notice in the appropriate Form to attend before the Protection from Harassment Court on a date specified in the notice.

The applicant must, at the time the notice is filed, pay the applicable fee.

Unless a Protection from Harassment Court or the Registrar orders otherwise, the notice must be —

Unless a Protection from Harassment Court or the Registrar directs otherwise, an appeal under this rule does not operate as a stay of the simplified proceedings in which the appeal is brought.

An application for permission to appeal from a Protection from Harassment Court must be made in the appropriate Form.

Unless a Protection from Harassment Court orders otherwise, the application must be filed within 7 days after the date on which the award or order being appealed against was made or given.

The applicant for permission must, at the time the application is filed, pay the applicable fee.

The applicant for permission must serve the application on —

Where any person served under paragraph (4) intends to oppose the application, that person must within 14 days after being served with the application, file and serve on the applicant for permission a response in the appropriate Form.

Where the applicant for permission or any party or person served with the application under paragraph (4) does not appear at the hearing of the application for permission, a Protection from Harassment Court may hear the application and make a decision in the absence of the applicant, party or person, even if the interests of the applicant, party or person may be prejudicially affected by the decision.

A Protection from Harassment Court may, at any time after the application for permission to appeal is filed, convene a case management conference or direct the applicant and any other party to appear before the Court for a case management conference, for the Court to make such orders or give such directions as the Court thinks fit for the just, expedient and economical disposal of the application, including the grant of permission to withdraw the application or a consent order.

Where a Protection from Harassment Court refuses an application for permission, the Court may order the applicant for permission to pay costs (including disbursements) to all or any of the other parties, but the costs (excluding disbursements) ordered to be paid to each party must not exceed $1,000.

Where no person has been served with the application under paragraph (4), the applicant for permission may, without the permission of a Protection from Harassment Court, withdraw the application by filing the appropriate Form with the Registry.

Where any person has been served with the application under paragraph (4), the applicant for permission may withdraw the application by —

Where an application is withdrawn under paragraph (10), a Protection from Harassment Court may order the applicant for permission to pay to any other party such costs and disbursements as may be just.