Family Justice Courts Practice Directions

View on Github
View on Github

Family Justice Courts Practice Directions

Contents

Part I – Preliminary
1. Introduction
2. Calculation of time
Part II – Commencement of Proceedings
3. Documents to be filed at the Registry of the Family Justice Courts
4. Contact information to be provided in cause papers and documents filed in the Family Courts Registry
5. Identification numbers to be stated in cause papers
Part III – Judge-led Approach in Resolving Family Disputes
6. Judicial Case Management
7. Guidance on Direct Judicial Communications in International Family Proceedings Affecting Children
Part IV – Processes relating to Children
8. Child Representative
9. Examination of children
10. Arrangements for the welfare of children
Part V – Alternate Dispute Resolution
11. Mediation and/or Counselling Directed by Court
12. Mandatory Counselling & Mediation
13. Counselling
Part VI – Proceedings for the Dissolution of Marriage under Part X of Women’s Charter
14. Particulars of Statement of Claim
15. Request for simplified hearing track for divorce proceedings where parties have agreed on ancillary matters
16. Agreed Matrimonial Property Plan and Proposed Matrimonial Property Plan
17. Status Conferences
18. Uncontested Matrimonial Proceedings in Chambers
19. Uncontested Matrimonial Proceedings in open court hearings
20. Documents for use in trials of contested matrimonial proceedings under Part X of the Women’s Charter (Cap 353)
21. Affidavit of Assets and Means
22. Documents required for the extraction of Certificate of Making Decree Nisi Absolute and Decree Nisi for matrimonial proceedings filed before 15 December
Part VII – Proceedings under Part VII and VIII of Women’s Charter
23. Alternative dispute resolution
24. Pre-hearing matters
25. Documents and affidavits in respect of maintenance proceedings under Part VIII of Women’s Charter (Cap. 353)
25A. Appointment of Maintenance Record Officer
25B. Referral for assessment
26. Hearing of maintenance proceedings in chambers
Part VIIA – Electronic Filing Service under Division 68A of Part 18 of the Family Justice Rules
26A. Application
26B. Establishment of Electronic Filing Service and appointment of network service provider
26C. Authorised users and authorised agents
26D. Electronic filing of written complaints
26E. Documents
26F. Documents which cannot be converted into electronic format
26G. Amendment of documents
26H. Limits on size and number of documents submitted using electronic filing service
26I. Bundles of Authorities
26J. Change of Solicitors
26K. Request for Court Records
26L. Other Requests
26M. Showing proof of payment
26N. Payment in and Out of Court
Part VIII – Adoption of Children
27. Commencement documents
28. Amendment of originating summons and statement
29. Dispensation of Consent and/or Service
30. Submission of supporting documents
Part IX – Youth Courts
31. Application and Appeals
32. Magistrate’s complaints (Private summonses)
33. Application for Court Records for Youth Court matters and non-electronically filed cases
34. Initiation of prosecution
35. Charges
36. Checklists
37. Applications
38. Bundles of authorities for Youth Courts proceedings
39. Documents
40. Documents which cannot be converted into electronic format
41. Amendment of charges and documents
42. Noting appearances of advocates/prosecutors
43. Limits on size and number of documents submitted using Electronic Filing Service
Part X – International Child Abduction Act
44. Proceedings under the International Child Abduction Act (Cap. 143C)
Part XI – Mental Capacity Act
45. Proceedings under the Mental Capacity Act (Cap. 177A)
46. Documents to be filed
47. Where permission is not required to make an application
48. Where permission is required to make an application
49. Service of application on named defendants and relevant persons
50. Relevant persons
51. Consent of relevant persons
52. Notification of P
53. Responding to an application
54. Applications involving the appointment of deputies
55. Application subsequent to the appointment of deputy
56. Application relating to lasting power of attorney
57. Application for statutory wills
58. Litigation representative in mental capacity proceedings
59. Where P ceases to lack capacity or dies
60. Applications subsequent to the filing of the originating summons in mental capacity proceedings
61. Order of Court
Part XII – Probate Proceedings
62. Applications for grant of probate or letters of administration
63. Filing of supporting affidavit
64. Amendment of originating summons or statement
65. Affidavits of Foreign Law
66. Filing of schedules of property for non-dutiable estates where death occurred before 15 February 2008
67. Filing of schedule of assets for estates where death occurs on or after 15 February 2008
68. Security for grants of letters of administration
69. Applications for dispensation of sureties for grants of letters of administration
70. Caveat and probate application searches to be conducted when requesting to extract grant
71. Amended grants and re-grants
Part XIII- General Procedure
72. Originating Summonses
73. Endorsements on originating process and other documents
74. Forms of documents to be filed for proceedings under Chapter 4A of Part X of the Women’s Charter (Cap. 353)
75. Distribution of applications
76. Summonses
77. Supporting Affidavits for Specific Applications
78. Personal service of processes and other documents
79. Substituted and Dispensation of Service
80. Discovery, inspection and interrogatories in respect of ancillary relief or financial relief under Women’s Charter
81. Applications for electronic Discovery
82. Applications for discovery or interrogatories against network providers
83. Ex-parte applications for injunctions
84. Mareva injunctions
85. Documents in support of ex parte applications for injunctions (including Mareva injunctions)
86. Case Conferences
87. Attendance at hearings in the Family Justice Courts
88. Electronic filing of documents and authorities for use in court
89. Bundle of Documents filed on setting down
90. Documents for use in trials
91. Hearing in Chambers
92. Written Submissions and Bundle of Authorities for Special Date hearings
93. Citation of written judgments and secondary authorities
94. Submissions and examinations by leading and assisting counsel
95. Amendment of documents
96. Waiting time for the hearing of matters
97. Request for urgent hearing dates or urgent hearings prior to the filing of the application through the Electronic Filing Service
98. Requesting a hearing date through the Electronic Filing Service
99. Written submissions for contested inter partes applications in chambers
100. Adjournment or vacation of hearing dates and part-heard cases
101. Requests for further arguments before the Judge or Registrar
102. Absence of parties
103. Production of record of hearing
104. Use of electronic and other devices
105. Application of Court records and certification of transcripts for family matters
106. Access to case file, inspection, taking copies of documents and conducting searches
107. Personal Data
108. Witnesses
109. Form of affidavits
110. Exhibits to affidavits
111. Swearing or affirming of affidavits, statutory declarations and oaths
112. Effect of non-compliance
113. Objections to the contents of affidavits of evidence-in-chief
114. Draft orders of Court
115. Unnecessary extraction of orders of Court
116. Draft consent orders
117. Judgment Interest
118. Filing of writs of execution through the Electronic Filing Service
119. Sale of immovable property
120. Writs of execution & writs of distress – movable property
121. Requests for the Bailiff’s Attendance
122. Examination of Judgment Debtor
123. Committal proceedings
124. Appeals
125. Filing of records of appeal and written cases
126. Appeals before the Family Division of the High Court from tribunal or person under Part 18 Division 55 of the Family Justice Rules
127. Skeletal arguments for appeals before the Family Division of the High Court
128. Use of presentation slides for all proceedings before the Family Division of the High Court
129. Request for waiver of deferment of court fees in the Family Division of the High Court
130. Basis of taxation
131. Form of bill of costs
132. Registrar’s Certificate
133. Objections
134. Amount allowed as disbursement on account of use of electronic transmission
135. Taxations involving the Public Trustee or Director of Legal Aid
136. Fixing costs in lieu of ordering taxation
137. Costs scheduling
138. Operating hours of the Family Justice Courts
139. Hours for the sittings of the Family Justice Courts
140. Application
141. Establishment of Electronic Filing Service and appointment of network service provider
142. Appointment of agent to establish service bureau
143. Registered users and authorised users
144. Documents which must be filed, served, delivered etc., using the Electronic Filing Service
145. Form of documents
146. Pagination of documents
147. Filing documents through service bureau
148. Filing of documents to the Family Justice Courts through a Supreme Court service bureau
149. Limits on the size and number of documents submitted using the Electronic Filing Service
150. Documents which cannot be converted into an electronic format
151. Rejection of documents, back-dating and refund of penalty
152. Hard copies of documents filed electronically
153. Responsibility for accuracy and completeness of information submitted using the Electronic Filing Service
154. Amendment of documents originally filed in court by entering relevant information in an electronic template
155. Filing directions to the Accountant-General for payment into and out of Court
156. Electronic payment of Court fees
157. Stamping of documents
Part XIV – General Matters
158. Weekend/Public Holiday Duty Registrar and Judge at the Family Courts
159. Duty Registrar and Duty Magistrate
160. Attendance of solicitors in Court
161. Use of Skype
161A.Technology Facilities in Supreme Court Building
162. Absence from Court on medical grounds
163. Publication of & Reports and Comments on Court Cases
164. Citation of Case Numbers
165. The Electronic Queue Management System
166. Precedence and preaudience of Senior Counsel
167. Court dress
168. Requests and Other Correspondence
169. Requests for Court interpreters
170. Authorisation for collection of mail and Court documents
Part XV – Litigants in Person
171. The Family Court Friend Scheme
Powered by