phase 2 conflation of modes of proceedings_24 mar

8/7/2019 Phase 2 Conflation of Modes of Proceedings_24 Mar

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Conflation of Modes of

Commencement

Of Proceedings and Interlocutory

Applications


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Overview of Scope of Amendments

Simplification of Procedural Rules

To reduce the four present modes to just two: writ

and OS

Modernisation of language and

standardisation of phraseology


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Reform of the Rules of Court

22May 2004: Recommendation by ROCWP.

27May 2005: ROCWP Report No 3 of2005presented to Rules Committee.

9 June 2005: Law Society informed byRegistrar, Supreme Court.

June 2005: Consultation with AGC, IPTO,Family Court and Ministry of Law onconsequential amendments to relevantprimary/subsidiary legislation.


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Reform of the Rules of Court

28 July 2005: Report approved by Rules

Committee. 1 January 2006: First phase covering Rules

of Court & Legal Profession Rules

1 April 2006: Second Phase to coverBankruptcy Rules, Companies & LLP(Winding Up) Rules, Companies Regulations& Matrimonial Proceedings Rules


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Only 2 Modes of Commencement

Writ of summons and originating summons.

Writ of summons for factual disputes.

OS for non-factual disputes and for originating

applications to the court under any statute.

Order5 Rules of Court.

Originating motions and petitions will be

abolished.


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Originating Summonses

No appearance to be entered to OS.

Inter partes & ex parte OS: Forms 4 & 5

As a general rule, originating summonses tobe heard in chambers in the first instance: O28 r2 Subject to the courts discretion or any written law

or practice direction that certain classes be heardin open court


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Interlocutory Applications

The summons is to be the sole mode for

interlocutory applications

As a general rule, summonses to be heard in

chambers: O 32 r11

Subject to the courts discretion or any written lawor practice direction that certain summonses be

heard in open court.


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Catch-all provision

Section 41A Interpretation Act:

This clause will deem the change in the event of

any omission in amending the relevant legislation.


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Conflation of Modes ofConflation of Modes of

Commencement of Proceedings:Commencement of Proceedings:

Changes to Insolvency ProceedingsChanges to Insolvency Proceedings

Phase IIPhase II

(with effect from 1 April 2006)(with effect from 1 April 2006)


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AgendaAgenda

Changes to EFS

Overview of amendments to proceedings

relating to:(a) bankruptcy

(b) Winding up of companies and limited liability partnerships

(c) Judicial management of companies.

Impact on practice


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(A) Overview of Amendments to(A) Overview of Amendments to

Bankruptcy ProceedingsBankruptcy Proceedings

Bankruptcy Act (Cap 20) and the BankruptcyBankruptcy Act (Cap 20) and the Bankruptcy

Rules (Cap 20, Rule 1)Rules (Cap 20, Rule 1)


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Applications to be made by originatingsummons supported by affidavit

Affidavit to be filed at the same time as the

OS (RR 106(1) and 138)

Date of hearing is annotated directly onto the

OS (R 107)


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Limited validity period for the purpose of service (R11A)

12 months: where leave to serve OS out of jurisdiction is

required

6 months: in all other cases

Application for extension ofvalidityApplication for extension ofvalidity

May be extended for such period not exceeding 12 months at

any one time

OS to be marked with stamp in Form 1A showing the period of

extension granted

Renewed OS to be filed electronically


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Creditors bankruptcy applicationCreditors bankruptcy application

NB: all other procedural requirements remainunchanged. E.g. Filing of affidavit of service ofSD/Bankruptcy application; affidavit of non-satisfaction

Form 2 of Bankruptcy Rules

No longer petitioning creditor and debtor

But plaintiff and defendant

Form 3: to be used for filing the supporting affidavit


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IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

Bankruptcy O.S. No )of 2006 )

In the matter of the Bankruptcy Act (Chapter 20)

And

In the matter of BBB (NRIC No. S2222222B)

Between

ABC(NRIC No. S1111111A)

Plaintiff.

And

BBB(NRIC No. S2222222B)

Defendant.

CREDITORS BANKRUPTCY APPLICATION

Let all parties concerned attend before the Registrar in Chambers on ________________________ (date/time) on the hearing of an application by theplaintiff that a bankruptcy order be made against BBB.

Dated this 1st day of April 2006.Registrar

his summons is taken out by GGG & Partners, solicitor for the said plaintiff whosedress is 10, Rules Lane, Singapore 123456.

ote: This summons shall be served together with an affidavit in support of th plication. This summons may not be served more than 6 calendar months after the

bove date unless renewed by order of the Court.


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Endorsement

This application has been filed in court on the 1 st day of April 2006.

If you intend to oppose this application you must, not later than 3 days before the dayfixed for hearing,

a) file in court a notice specifying the grounds on which you object to themaking of a bankruptcy order;

b) send a copy of the notice to the plaintiff or his solicitor at theabovementioned address; and

c) send a copy of the notice to the Official Assignee at 45, Maxwell Road,#06-11, The URA Centre (East Wing), Singapore 069118.

If a defendant does not attend personally or by his counsel or solicitor at the timend place abovementioned such order will be made as the Court may think just and

expedient.


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BANKRUPTCY ACT

(CHAPTER 20)

BANKRUPTCY RULES


Bankruptcy O.S. No )of 2006 )

In the matter of the Bankruptcy Act (Chapter 20)

And

In the matter of BBB (NRIC No. S2222222B)

Between

ABC(NRIC No.S1111111A)

Plaintiff.

And

BBB(NRIC No.

S2222222B)

Defendant.

AFFIDAVIT IN SUPPORT OF

CREDITORS BANKRUPTCY APPLICATION

I, XYZ (NRIC No. S11111111A), of 123, Rules Road, Singapore 123123,do affirm and say as follows:

1. I am the Assistant Vice-President of the Plaintiff. I am duly authorised by the Plaintiffto make this affidavit on its behalf. A copy of the authority given to me is annexed hereto andmarked A. I have been dealing with the matters giving rise to this application and have therequisite knowledge of the matters re ferred to in this affidavit.

2. The Defendant is domiciled in Singapore and has within the period of one yearimmediately preceding the date of the application been residing at Blk 234, Court Road, #01-01, Singapore 234234.


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3. The defendant is justly and truly indebted to me/us in the aggregate sum of $100,000full particulars of which are set out in the annexure to this application.

4. The above-mentioned debt is for liquidated sum payable immediately and thedefendant appears to be unable to pay it.

5. On 1 March 2006, a statutory demand was personally served upon the defendant by inrespect of the abovementioned debt. Twenty-one days have lapsed since the service of thedemand and to the best of my knowledge and belief, the demand has neither been compliedwith nor set aside in accordance with the Bankruptcy Rules and no application to set aside ioutstanding.

6. I do not, nor does any person on my behalf, hold any security on the debtors estate,

or any part thereof, for the payment of the above-mentioned sum.

7. There has been no stay of execution in respect of this debt.

Affirmed by the abovenamed )XYZ )on the 1

stday of April 2006 )

Before me

Commissioner for Oaths


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Debtors bankruptcy applicationDebtors bankruptcy application

NB: requirement of filing a Statement of Affairs

together with an affidavit verifying the statement of

affairs remains.

Form 9 of Bankruptcy Rules: OS

Form 10: to be used for filing the supporting

affidavit


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Rule 134FORM 9

BANKRUPTCYACT

(CHAPTER20)

BANKRUPTCYRULES

I

T

I

OURT OF T

REPUBLI

OF

I

PORE

Bankruptcy )

O.

.

o )Of20 )(

eal)

DEBTORS BANKRUPTCYAPPLICATION

In the matter of the Bankruptcy

ct (

ap 20)

nd

In the matter of

Applicant

Let all parties concerned attend before the Judge/Registrar on(date/time), on the hearing of the application by that

1. a bankruptcy order be made against myself, (State name); and

2. (state name of trustee of bankruptcy) be appointed as trustee of mybankruptcy estate hose certificate of consent to act is annexedhereto

ated this day of 20

Registrar

his summons is taken out by of solicitorfor the said applicant hose address is . (or here the applicant appears in person)

his summons is taken out by the said applicant ho resides at and istate occupation) and (if the applicant does not reside ithin the

urisdiction) hose address for service is

ote: This summons shall be served together ith an affidavit in support of the

plication. This summons may not be served more than 6 calendar months aftere above date unless rene ed by order of the

ourt.


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Other applications under theOther applications under the

Bankruptcy RulesBankruptcy Rules

Parties referred to as plaintiff and defendant

Rule 97: application to set aside statutory demand No change

Application to be made by way of OS

To use Form 4 of Appendix A of the Rules of Court inter partes originating summons


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Other applications under theOther applications under the

Bankruptcy RulesBankruptcy Rules

All interlocutory applications to be madeusing Form 60 of the Rules of Court

Rule 11: every interlocutory application inthe course of bankruptcy application shall be

made by summons


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(B)(B) OverviewOverview of of AmendmentsAmendments toto

WindingWinding UpUp proceedingsproceedings

Winding up oflimited liability partnerships under the

Limited Liability Partnerships Act 2005 (No 5 of 2005)

and Limited Liability (Winding Up) Rules 2005 (S

532/2005)

Winding up ofcompanies under section 410 of theCompanies Act (Cap 50) and the Companies (Winding

Up) Rules (Cap 50, Rule 1)


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Winding up proceedingsWinding up proceedings

CWU

LWU

EFS Case type


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Open Court see Rules 5 of Companies

(Winding Up) Rules and Limited LiabilityPartnership (Winding Up) Rules

Originating Summons (instead of originating

petition) supported by affidavit


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Affidavit to be filed together with originating

summons: see rules 25, Companies (Winding Up)

Rules and Limited Liability Partnerships (Winding

Up) Rules.

To state the relief sought for

Supporting facts that are currently in the petition are

to be averred to in the supporting affidavit

Affidavit:

Originating Summons:


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Party is to be named as applicant in the

originating summons (previously

petitioner)

Voluntary winding up applications (Form 2):


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FORM 2

Rule 22


CWU O.S. No. )of 20 )

(Seal).

In the Matter of the Companies Act (Chapter 50)

AND

In the Matter of _____________________

Applicant

ORIGINATING SUMMONS

Let all parties concerned attend before the Judge on __________________________(date/time) on the hearing of an application by the applicant that:

(1) a winding up order be made against the applicant; [and

(2) __________________________ be appointed as liquidator of the applicant].

Dated this day of 20 .

Registrar.

This summons is taken out by ofsolicitor for the applicant whose address is

Note: This summons shall be served together with an affidav it in support of the application.

This summons may not be served more than 6 ca lendar months after the above da te unless renewed by order of theCourt.


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Parties should be referred to as plaintiff anddefendant (previously petitioner andrespondent)

All other winding up applications (Form 3)


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F O R M 3

R u l e 2 2

I N T H E H I G H C O U R T O F T H E R E P U B L I C O F S IN G A P O R E

C W U O . S . N o . )

o f 2 0 )

( S e a l ) .

I n t h e M a t te r o f t h e C o m p a n i e s A c t (C h a p t e r 5 0 )

A N D

I n t h e M a t te r o f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

B e t w e e n

P l a i n t i f f .

a n d

D e fe n d a n t .

O R I G I N A T IN G S U M M O N S

L e t a l l p a r t ie s c o n c e r n e d a t te n d b e f o r e th e J u d g e o n _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( d a t e /t im e )o n t h e h e a r i n g o f a n a p p l i c a t i o n b y t h e p l a i n t i ff t h a t :

( 1 ) a w i n d i n g u p o r d e r b e m a d e a g a i n s t t h e d e f e n d a n t ; [ a n d

( 2 ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b e a p p o i n t e d a s l iq u i d a t o r o f t h e d e f e n d a n t ] .

D a t e d t h i s d a y o f 2 0 .

R e g i s t r a r .

T h i s s u m m o n s i s t a k e n o u t b y o f

s o l i c it o r f o r t h e p l a i n t i ff w h o s e a d d r e s s i s

N o t e : T h i s s u m m o n s s h a l l b e s e r v e d t o g e t h e r w i t h a n a f f id a v i t in s u p p o r t o f t h e a p p l i c a t io n .T h i s s u m m o n s m a y n o t b e s e rv e d m o r e th a n 6 c a le n d a r m o n t h s a ft e r t h e a b o v e d a te u n l e ss r e n e w e d b y o r d e r

o f t h e C o u r t .I f a d e f e n d a n t d o e s n o t a t t e n d p e r s o n a l l y o r b y h i s c o u n s e l o r s o l ic i t o r a t t h e ti m e a n d p l a c e a b o v e m e n t i o n e ds u c h o r d e r w i ll b e m a d e a s t h e C o u r t m a y t h i n k j u s t a n d e x p e d i e n t.


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Where validity of OS has been extended, before it

is served, it must be marked with an official stamp

in Form 3A (R17A(4))

Rule 17A which provides for validity of OS:

6 months for the purpose of serviceApplication to renew OS if not served within 6

months

May be extended for such period not exceeding 6

or12 months (similar to O 7 r5 of Rules of Court)

Renewed OS to be filed electronically


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e.g. requirement of advertising the winding up

application seven clear days before the

hearing of the winding up application remains

NO amendments made to other

procedures/ time-lines


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Summary: Winding Up proceedingsSummary: Winding Up proceedings

Type of changes Existing Companies (Winding Up)

Rules

Amended Companies (Winding

Up) Rules

Mode of commencement Originating petition and affidavitverifying petition

Originating summons (OS) withsupporting affidavit

Form to be

used

Application by

company

Form 2 (petition) and Form 7(affidavit)

Form 2 (OS) and Form 5 (affidavit)

Application by

other person

Form 3 (petition by unpaid creditor onsimple contract) and Form 7

(affidavit)

Form 3 (OS) and Form 5 (affidavit)

When to file supporting affidavit Within 4 days after petition ispresented

To be filed together with OS

Names of

parties on

originating

process

Application by

company

Petitioner Applicant

Application by

other person

Petitioner and respondent Plaintiff and defendant

Validity of originating process No validity period 6 months (for purpose of service)


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(C) Overview of amendments to(C) Overview of amendments to

Judicial management proceedingsJudicial management proceedings

Section 227A of the Companies ActSection 227A of the Companies Act

(Cap 50) and the Companies(Cap 50) and the Companies

Regulations (Cap 50, Regulation 1)Regulations (Cap 50, Regulation 1)


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From 1 April 2006, EFS case type will switch (from

OP) to OS

Rule 30 of the Companies Regulations (JudicialManagement) application for JM order to bemade by OS (Form 63A)

Supporting facts to be deposed to in affidavit

supporting OS (Form 63B)

Supporting affidavit to be filed together with OS


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Pursuant to Order28, Rule 2 of the Rules of

Court, the Registrar has directed in paragraph

29(6)(p) of the Supreme Court Practice Directions(2006 Ed) that these applications are to be heard

in open Court.

Open Court

JM applications will continue to be heard in openCourt in the first instance


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Impact on practiceImpact on practice


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Impact on practiceImpact on practice

No changes in fee structure

Changes mostly pertain to mode of

commencement


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Amendments of pending Motions, PetitionsAmendments of pending Motions, Petitions

and SICsand SICs

Amendments using existing (old) forms and

procedure

For cases pending or applications filed priorto 1 April 2006


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Changes to EFSChanges to EFS


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Schedule of changesSchedule of changes

31March 2006 (Friday):

EFS will be shut down from 2359 hours toimplement the necessary technical modificationsto EFS

No EFS filing of any documents relating to Phase

2 proceedings

Other documents not relating to Phase 2 maycontinue to be filed


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Schedule of changes

1 April 2006 (Saturday):

Legal Registry will be open from 0900 hours to 1230hours

Urgent applications relating to Phase 2 to see Duty

Registrar for leave to file hard copies

Leave may be granted upon undertaking to fileelectronically when EFS filing resumes

Where necessary, request to backdate documents to 1

April 2006 should be made when documents are filed

electronically


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Please note:

Schedule of changesSchedule of changes

manual filing of documents will not be processed after1230hours on 1 April 2006

For urgent applications relating to Phase 2 proceedings which

will be time-barredif not filed between 1230 hours on 1 April 2006

and 2000 hours on 2 April 2006, they may be sent to the Supreme

Court Registry via e-mail to [email protected]

Once EFS server is activated, documents should be filed with a

request to backdate time of filing

Legal Registry reserves the right not to backdate documents

where applications are not genuinely urgent


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Schedule of changes

2 April 2006 (Sunday):

Front end filing resumed by 2000 hours

CrimsonLogic Helpdesk: Hotline 68877888 will continue to answer all queries

concerning filing procedure in EFS and other technicaldifficulties arising from the legislative changes.

No legal advice will be provided.


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The EndThe End

Thank you.Thank you.

AR Yeong Zee KinAR Yeong Zee Kin

AR Chung Yoon JooAR Chung Yoon Joo

ARDorcas QuekARDorcas Quek

phase 2 conflation of modes of proceedings_24 mar

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