18. Binding summaries (P. 2, r. 18)

The applicant and the respondent must, after all affidavits mentioned in Rule 16 have been filed and within any time that the Court may direct, sign and file a binding summary in Form 17 setting out a summary of the parties’ respective positions in any proceedings arising from or relating to any matrimonial application or any originating application filed in relation to an application made under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969, as the case may be.

The summary of a party’s position (called in this Rule the party’s summary) in the binding summary —

must not be inconsistent with the party’s position in that party’s written submissions;

must not make or contain any submissions that may take the other party by surprise;

must not set out any evidence, or refer to any evidence which is not set out in any affidavit allowed under Rule 16; and

where the party’s summary refers to any evidence set out in any affidavit allowed under Rule 16 in support of the party’s position on any issue, must include accurate references to the affidavit or part of the affidavit in which that evidence is set out.

A party is bound by his or her position as set out in the party’s summary unless the Court otherwise allows.

The Court may treat the evidence in respect of which a party has included references in the party’s summary in accordance with paragraph (2)(d) as conclusive as to the evidence that party relies upon in support of his or her position on any issue.

Where the binding summary discloses any material fact or question of law as agreed by the applicant and the respondent, the Court may make any orders on that fact or question of law that it thinks fit.

A party must not amend the binding summary except with the Court’s approval.

The Court may, if it thinks fit in an appropriate case, dispense with the filing of the binding summary.

The applicant and the respondent must, after all affidavits mentioned in Rule 16 have been filed and within any time that the Court may direct, sign and file a binding summary in Form 17 setting out a summary of the parties’ respective positions in any proceedings arising from or relating to any matrimonial application or any originating application filed in relation to an application made under section 121B of the Act or section 17A(2)(c) of the Supreme Court of Judicature Act 1969, as the case may be.

The summary of a party’s position (called in this Rule the party’s summary) in the binding summary —

must not be inconsistent with the party’s position in that party’s written submissions;

must not make or contain any submissions that may take the other party by surprise;

must not set out any evidence, or refer to any evidence which is not set out in any affidavit allowed under Rule 16; and

where the party’s summary refers to any evidence set out in any affidavit allowed under Rule 16 in support of the party’s position on any issue, must include accurate references to the affidavit or part of the affidavit in which that evidence is set out.

A party is bound by his or her position as set out in the party’s summary unless the Court otherwise allows.

The Court may treat the evidence in respect of which a party has included references in the party’s summary in accordance with paragraph (2)(d) as conclusive as to the evidence that party relies upon in support of his or her position on any issue.

Where the binding summary discloses any material fact or question of law as agreed by the applicant and the respondent, the Court may make any orders on that fact or question of law that it thinks fit.

A party must not amend the binding summary except with the Court’s approval.

The Court may, if it thinks fit in an appropriate case, dispense with the filing of the binding summary.