Digest 2

1.  Under the Family Justice (General) Rules 2024 (“General Rules”), there is only a single mode of commencement for all civil proceedings, with a common set of stipulated timelines applying to most cases. 

2.  All cases will be commenced by way of an Originating Application (OA). There is no Originating Claim filed under the General Rules. The case flow for most cases will generally be reduced to 4 key steps:

• First, a person (the applicant) commences an action by filing an OA, supported by an affidavit (the supporting affidavit). 
• Second, the applicant serves the OA on the affected party known as the respondent. 
• Third, the respondent will file his response in a reply affidavit within 14 days after being served if service was effected in Singapore, or 28 days after being served if service was effected overseas. 
• Fourth, the case proceeds for a hearing based on the supporting affidavit and the reply affidavit.

3.  With this change, the process is simplified and parties will generally only file one affidavit each.

Validity of the originating application under the General Rules

4.   The validity of the originating application is now six months beginning with its date of issue. 

5.  Except in a special case, the court will only extend the validity of the originating application once by a further six months. 

6.  The application for extension of the validity of the originating application must be filed before the originating application expires.  

Calculation of Time

7.  Non-court days are excluded in the calculation of time only where the period in question is 6 days or less. If the period in question is 7 days, this means 7 calendar days including non-court days. 

8.  When service is effected after 5.00pm on any day, service is considered effected on the following day. 

Variation, rescission and setting aside of final orders

9.  This table sets out the manner in which an application should be filed if a party intends to vary, rescind or set aside final orders: