Digest 4

A. Introduction

1.   The judge-led powers in the Family Justice Rules 2024 (FJR 2024) have been enhanced. This is in line with one of the key recommendations in the Report of the Committee to Review and Enhance Reforms in the Family Justice System (the RERF Report), to strengthen judicial control over family proceedings.

2.   To achieve this, legislative amendments have been made to the Family Justice Act 2014 (FJA), which came into force at the same time as the FJR 2024. Under the new section 11A of the FJA, the court can disallow the filing of any further application or any document in support of an application without the court’s permission, when it is satisfied that the filing will or is likely to (a) impede the just, expeditious or economical resolution or disposal of the matter; or (b) have an adverse effect on the welfare of a child. This is also provided for in the FJR 2024, where the court can impose any condition which a party must satisfy before filing any originating application, summons or other document, whether in the same proceedings or other proceedings. This strengthens the court’s judge-led powers in rule 22(2) of the FJR 2014 and provides the court with enhanced powers to weed out unmeritorious applications which unnecessarily protract proceedings, thereby reducing costs and protecting the interests of the child.

3.  Further, the new section 11B of the FJA also empowers the court to make any order on its own motion on any issue arising in any cause or matter, including orders of a substantive nature. This means that the judge-led powers extend beyond only procedural orders. The court may dispense with the requirement to file a formal summons and allow the application to be made orally instead. It can also summarily deal with any issue in the proceedings at a case conference to ensure the welfare of the child, even if no application has been filed and no evidence has been adduced. To ensure due process and fairness to parties, the court must ensure that parties have an opportunity to be heard before making any orders. Collectively, these ensure that the court can address the immediate or urgent needs of the family. 

4.   In addition, the court now has greater control over the adducing of evidence from vulnerable witnesses under its judge-led arsenal of powers. The new section 11C of the FJA provides protection to a larger pool of vulnerable witnesses in more types of court proceedings. The court, if satisfied that the questioning of the vulnerable witness is unduly intimidating or oppressive, has enhanced powers to restrict the manner, scope and duration of cross examination. The examining party may be required to reframe the questions, provide the questions to the court, who may ask the questions instead, or limit the questions asked. This protects vulnerable witnesses and prevents victims from being re-traumatised by their aggressors.

5.   Apart from the substantive orders that a court may now make above, the judge-led approach extends beyond these to other procedural matters. For example, the court may impose limits on the length of the parties’ affidavits and written submissions. The FJR 2024 also clarifies that the court may interview a child separately and apart from the parties.

6.   These are just some examples of the enhancement of the judge-led powers which signify an expansion and improvement over Rule 22 of the FJR 2014. Collectively, these enhancements allow the court to strengthen its oversight and control over family proceedings.