Appeal against a decision by a Family Courts district judge or magistrate (FJR 2014)

Division 57/58 (HCF/RA)

Division 59 (HCF/DCA)

Division 60 (HCF/RAS)

What type of appeal is it?

1. Registrar in Family Court to district judge in Family Court (Division 57); or

2. Registrar in the Family Division of the High Court (HCFD) to judge in HCFD (Division 58).

Judge of the Family Court to judge in HCFD

Judge of the Family Court to judge in HCFD

Decision appealed against

Appeal against orders listed in Rule 821 of the FJR 2014, including but not limited to the following:

1. A final order for ancillary relief, pursuant to a writ of divorce, judicial separation or nullity;

2. Variation of a final order for ancillary relief;

3. A protection order (PPO);

4. A maintenance order, enforcement or variation of a maintenance order (MSS);

5. An order for interim judgment, judicial separation or nullity;

6. Any order relating to the child pursuant to an application under the Guardianship of Infants Act; and

7. Others (as this list is not exhaustive, please refer to the FJR 2014 for the exhaustive list).

Applies to other orders that are not listed in Rule 821 of the FJR 2014.

What document do I have to prepare?

Notice of Appeal in Form 165

Notice of Appeal in Form 165

Notice of Appeal in Form 165

When must I submit the document?

Within 14 days after the date of the judgment, order or decision.

Do I need to provide security for costs?

No

$3,000

No

How do I provide the security for costs?

Security for costs must be deposited with the Accountant-General's Department (AGD).

If you are represented by a lawyer for the appeal, you may consult your lawyers on the filing of an undertaking for the security for costs on your behalf.

If you are not represented by a lawyer for the appeal, you may follow the relevant process, depending on how your case was filed in the Family Courts.

Appeals against cases filed in eLitigation and cases filed manually.

If you have been filing documents through the LawNet & CrimsonLogic Service Bureau, then your case is an eLitigation case.

If your case was concluded before 2004, your case is a manual case.

Visit the LawNet & CrimsonLogic Service Bureau and file a Direction to Accountant-General for Payment-In (Payment-In) and obtain a copy of the declaration form. You will be required to make a return trip to the LawNet & CrimsonLogic Service Bureau to collect the accepted Payment-In.

After the Payment-In is accepted by the court, you will need to make the bank transfer of the deposit. You should ensure that the transfer is successful before emailing a copy of the accepted Payment-In, signed declaration form, and proof of bank transfer to VITAL_FS_Receivable@vital.gov.sg. Upon successful receipt of the documents, VITAL will issue a receipt. E-payments are strongly encouraged. The processing time for the security deposit submission is 1 clear working day.

Note: The appeal timeline will continue to run during any processing time. Please contact VITAL directly if the processing time is longer than expected.

You will receive a receipt for the deposit. You will need to submit this receipt when filing the appeal.

How do I file the document?

All documents must be electronically filed at the LawNet & CrimsonLogic Service Bureau. Filing fees will be charged.

Does an appeal stay the order?

Filing an appeal does not stay the enforcement of the order (stop the orders) and you must apply to the court for specific orders for a stay pending the appeal, which will be determined on its merits.

How do I withdraw my appeal?

You may withdraw the appeal by filing a Notice of Withdrawal through eLitigation. The estimated filing fees is $50.

You will be required to indicate the following:

1. Whether the other party consents to the withdrawal.

2. Whether cost issues have been agreed on or are outstanding.

3. Whether there are any other outstanding issues.

What should I do?

The LawNet & CrimsonLogic Service Bureau will issue the endorsed copy of the appeal documents filed to you, and you (the appellant) must serve a copy of the Notice of Appeal on the other party (the respondent) without delay and within 14 days after the decision.

What happens next?

1. The court will notify parties when a hearing date is scheduled.

2. The court will notify parties of the documents that need to be filed and the deadlines.

3. Parties may file the necessary request for notes of evidence / certified transcript should they require the hearing transcripts.

The court will inform you when the record of proceedings is ready for collection. Some charges may apply.

The court will inform you when the notes of evidence / certified transcript is ready for collection. Some charges may apply.

When do I have to file the next documents?

For the appellant:

Within 7 working days from the date of the court's notification.

For the appellant:

Within 1 month when you are informed that the record of proceedings is available.

For the appellant:

Within 7 working days when you are informed that the notes of evidence / certified transcript is available.

For the respondent:

Within 7 working days from the date of the court’s notification.

For the respondent:

Within 1 month from service of the documents from the appellant.

For the respondent:

Within 7 working days from service of the documents from the appellant.

What if I missed the deadline?

If you miss the deadline, you will need permission from the court to extend the time for filing.

You should do this as soon as possible, either in writing or via a formal application. If you are unsure, you should make a written request to the Registry of the Family Justice Courts for guidance.

1. If the appellant does not file the documents in time, the appeal will be deemed withdrawn.

2. If the deadline for the Appellant’s Case has not yet expired but you know you require more time to do so, you should file a summons application in the appeal, for an extension.

3. If the deadline for the Appellant’s Case has already expired, you will need to apply to file an originating summons in the HCFD, for an extension of time. If the appellant or respondent does not file the documents in time, he/she will need permission from the court to extend the time for filing.

If you miss the deadline, you will need permission from the court to extend the time for filing.

You should do this as soon as possible, either in writing or via a formal application. If you are unsure, you should make a written request to the Registry of the Family Justice Courts for guidance.

What documents do I have to file?

For the appellant:

1. Written submissions

2. Bundle of authorities / list of authorities

For the appellant:

1. Record of appeal

2. Appellant’s Case

3. Core bundle (where necessary)

4.Bundle of authorities / list of authorities

For the appellant:

1. Record of appeal

2. Appellant’s submissions

3. Core bundle (where necessary)

4. Bundle of authorities / list of authorities

For the respondent:

1. Written submissions

2. Bundle of authorities / list of authorities

For the respondent:

1. Respondent’s Case

2. Core bundle (where necessary)

3. Bundle of authorities / list of authorities

For the respondent:

1. Respondent’s submissions

2. Core bundle (where necessary)

3. Bundle of authorities / list of authorities

Do I have to print out hard copies?

Directions will be issued by the court on tendering the necessary hardcopies in due course.

What if I decide to stop my appeal?

You may withdraw the appeal by filing a notice of withdrawal through eLitigation. The estimated filing fees is $50.

You will be required to indicate the following:

1. Whether the other party consents to the withdrawal.

2. Whether cost issues have been agreed on or are outstanding.

3. Whether there are any other outstanding issues.

What should I include in my written submissions?

You should include all points you wish to make to the appellate court in support, or to resist an appeal.

What is a bundle of authorities?

This is a compilation of authorities for the appeal, including case authorities, statutes and law journal articles.

You may file a list of authorities that correspond with the bundle to be given to the court.

What is a record of appeal?

The record of appeal must consist of a copy of each of the following:

1. The Notice of Appeal;

2. The certificate of payment of security for costs;

3. The record of proceedings;

4. The affidavits of evidence‑in‑chief;

5. The documents in the nature of pleadings. These may include the statement of claim, defence, reply, counterclaim or defence to counterclaim; and

6. The judgment or order you are appealing against.

The record of appeal must consist of a copy of each of the following:

1. The Notice of Appeal;

2. The certified copy of the grounds of decision, if any;

3. The certified copy of the notes of evidence;

4. The originating process and all subsequent pleadings;

5. The affidavits filed or referred to by parties for the hearing and any other documents, so far as relevant to the matter decided and the nature of the appeal; and

6. The judgment or order appealed from.

What should I include in my Appellant’s Case/submissions?

Appellant’s Case:

1. Circumstances out of which the appeal arises;

2. Issues arising in the appeal;

3. Your contentions (arguments) for the appeal and the authorities (relevant cases, statutes, subsidiary legislation and other materials) that support your arguments; and

4. Reasons for the appeal.

Appellant’s submissions:

1. The circumstances out of which the appeal arises;

2. The issues arising in the appeal;

3. The contentions to be argued by the party filing it and the authorities in support thereof; and

4. The reasons for or against the appeal, as the case may be.

What should I include in my Respondent’s Case/ submissions?

Respondent’s Case:

1. Summary of the contentions to be made on appeal and orders you seek from the appellate judge;

2. Submissions on the facts and legal issues. You should highlight any new points that were not raised before;

3. References to the record of appeal and core bundle should be included in the right hand margin;

4. Explain why the decision should be changed (if you did not file an appeal) or if it should be upheld but for other reasons that the judge did not rely on;

5. Costs orders and quantum of costs; and

6. Name and signature of the respondent/respondent’s lawyer.

Respondent’s submissions:

1. Summary of the contentions to be made on appeal and orders you seek from the appellate judge;

2. Submissions on the facts and legal issues. You should highlight any new points that were not raised before;

3. References to the record of appeal and core bundle should be included in the right hand margin;

4. Explain why the decision should be changed (if you did not file an appeal) or if it should be upheld but for other reasons that the judge did not rely on;

5. Costs orders and quantum of costs;

6. Name and signature of the respondent/respondent’s lawyer.

Where   a record of appeal exceeds 1000 pages, a core bundle may be filed may be filed and served together with the record of appeal.

The core bundle shall, if necessary, contain a copy of:

1. specific documents from the record of appeal or portions thereof that are of particular relevance to any question in the appeal or that will be referred to at the appeal; and

Where the record of appeal exceeds 1000 pages, a core bundle shall be filed.

The core bundle filed by the appellant shall not exceed 100 pages and the supplemental core bundle filed by the respondent shall not exceed 50 pages.

The core bundle shall, if necessary, contain a copy of:

1. specific documents from the record of appeal or portions thereof that are of particular relevance to any question in the appeal or that will be referred to at the appeal; and

If your appeal is allowed, you may get some or all of the changes to the original order you have asked for.

Either party can go to the LawNet & CrimsonLogic Service Bureau and extract the order, whether or not the outcome of the appeal is in your favour.

If costs orders have been made against you (the appellant), it will be deducted and the remainder (if any) will be released to you.