Conflation of Modes of

Commencement

Of Proceedings and Interlocutory

Applications
 SUPREME COURT
SINGAPORE

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

2
 SUPREME COURT
SINGAPORE

Reform of the Rules of Court

• 22 May 2004: Recommendation by ROCWP.
• 27 May 2005: ROCWP Report No 3 of 2005
presented to Rules Committee.
• 9 June 2005: Law Society informed by
Registrar, Supreme Court.
• June 2005: Consultation with AGC, IPTO,
Family Court and Ministry of Law on
consequential amendments to relevant
primary/subsidiary legislation.
3
 SUPREME COURT
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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 cover
Bankruptcy Rules, Companies & LLP
(Winding Up) Rules, Companies Regulations
& Matrimonial Proceedings Rules
4
 SUPREME COURT
SINGAPORE

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.
 Order 5 Rules of Court.
• Originating motions and petitions will be
abolished.

5
 SUPREME COURT
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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 to
be heard in chambers in the first instance: O
28 r 2
 Subject to the court’s discretion or any written law
or practice direction that certain classes be heard
in open court

6
 SUPREME 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 r 11
 Subject to the court’s discretion or any written law
or practice direction that certain summonses be
heard in open court.

7
 SUPREME 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.

8
 SUPREME COURT
SINGAPORE

Transitional provisions

• Pending motions/petitions before the court on

1 January 2006 or 1 April 2006
 No conversion to originating summons.
 Court given the power to order conversion to
either writ, originating summons or summons
 Sections 82 of the Supreme Court of Judicature
Act and 70 of the Subordinate Courts Act

9
 Conflation of Modes of
Commencement of Proceedings:
Changes to Insolvency Proceedings
Phase II
(with effect from 1 April 2006)
 SUPREME COURT
SINGAPORE

Agenda
 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

 Changes to EFS
11
(A) Overview of Amendments to
Bankruptcy Proceedings

Bankruptcy Act (Cap 20) and the Bankruptcy

Rules (Cap 20, Rule 1)
 SUPREME COURT
SINGAPORE

Bankruptcy Proceedings

 Applications to be made by originating

summons 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)

13
 SUPREME COURT
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Bankruptcy Proceedings
 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 of validity
 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
14
 SUPREME COURT
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Creditor’s bankruptcy application

 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

NB: all other procedural requirements remain
unchanged. E.g. Filing of affidavit of service of
SD/Bankruptcy application; affidavit of non-
satisfaction
15
 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 Plaintiff.
(NRIC No. S1111111A)

And

BBB Defendant.
(NRIC No. S2222222B)

CREDITOR’S BANKRUPTCY APPLICATION

Let all parties concerned attend before the Registrar in Chambers on

________________________ (date/time) on the hearing of an application by the
plaintiff that a bankruptcy order be made against BBB.

Dated this 1st day of April 2006.

Registrar

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

Note: This summons shall be served together with an affidavit in support of the
application. This summons may not be served more than 6 calendar months after the
above date unless renewed by order of the Court.
 Endorsement

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

If you intend to oppose this application you must, not later than 3 days before the day
fixed for hearing, –
a) file in court a notice specifying the grounds on which you object to the
making of a bankruptcy order;
b) send a copy of the notice to the plaintiff or his solicitor at the
abovementioned 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 time
and place abovementioned such order will be made as the Court may think just and
expedient.
 BANKRUPTCY ACT
(CHAPTER 20)

BANKRUPTCY RULES

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 Plaintiff.
(NRIC No.
S1111111A)

And

BBB Defendant.
(NRIC No.
S2222222B)

AFFIDAVIT IN SUPPORT OF
CREDITOR’S 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 Plaintiff

to make this affidavit on its behalf. A copy of the authority given to me is annexed hereto and
marked “A”. I have been dealing with the matters giving rise to this application and have the
requisite knowledge of the matters referred to in this affidavit.

2. The Defendant is domiciled in Singapore and has within the period of one year
immediately preceding the date of the application been residing at Blk 234, Court Road, #01-
01, Singapore 234234.
3. The defendant is justly and truly indebted to me/us in the aggregate sum of $100,000,
full particulars of which are set out in the annexure to this application.

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

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

6. I do not, nor does any person on my behalf, hold any security on the debtor’s 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 1st day of April 2006 )

Before me

Commissioner for Oaths

 SUPREME COURT
SINGAPORE

Debtor’s bankruptcy application

Form 9 of Bankruptcy Rules: OS
Form 10: to be used for filing the supporting
affidavit

NB: requirement of filing a Statement of Affairs

together with an affidavit verifying the statement of
affairs remains.

20
 Rule 134
FORM 9

BANKRUPTCY ACT
(CHAPTER 20)

BANKRUPTCY RULES

IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

Bankruptcy )
O.S. No )
Of 20 )
(Seal)

DEBTORS’ BANKRUPTCY APPLICATION

In the matter of the Bankruptcy Act (Cap 20)

And

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 my
bankruptcy estate whose certificate of consent to act is annexed
hereto

Dated this day of 20

Registrar

This summons is taken out by of solicitor for the said applicant

whose address is . (or where the applicant appears in person)
This summons is taken out by the said applicant who resides at and is
(state occupation) and (if the applicant does not reside within the jurisdiction)
whose address for service is

Note: This summons shall be served together with an affidavit in support of the
application. This summons may not be served more than 6 calendar months after
the above date unless renewed by order of the Court.
 SUPREME COURT
SINGAPORE

Other applications under the

Bankruptcy Rules
 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
 Parties referred to as “plaintiff” and “defendant”
22
 SUPREME COURT
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Other applications under the

Bankruptcy Rules

Rule 11: every interlocutory application in

the course of bankruptcy application shall be
made by summons

All interlocutory applications to be made

using Form 60 of the Rules of Court

23
 SUPREME COURT
SINGAPORE

(B) Overview of Amendments to

Winding Up proceedings

• Winding up of companies under section 410 of the

Companies Act (Cap 50) and the Companies (Winding
Up) Rules (Cap 50, Rule 1)

• Winding up of limited liability partnerships under the

Limited Liability Partnerships Act 2005 (No 5 of 2005)
and Limited Liability (Winding Up) Rules 2005 (S
532/2005)

24
 SUPREME COURT
SINGAPORE

Winding up proceedings

 EFS Case type

 CWU
 LWU

25
 SUPREME COURT
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Winding up proceedings

 Originating Summons (instead of originating

petition) supported by affidavit

 Open Court – see Rules 5 of Companies

(Winding Up) Rules and Limited Liability
Partnership (Winding Up) Rules

26
 SUPREME COURT
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Winding up proceedings
 Originating Summons:
To state the relief sought for

 Affidavit:
 Supporting facts that are currently in the petition are
to be averred to in the supporting affidavit
 Affidavit to be filed together with originating
summons: see rules 25, Companies (Winding Up)
Rules and Limited Liability Partnerships (Winding
Up) Rules. 27
 SUPREME COURT
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Winding up proceedings

 Voluntary winding up applications (Form 2):

 Party is to be named as “applicant” in the

originating summons (previously petitioner)

28
 FORM 2
Rule 22

IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

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 of

solicitor for the applicant whose address is

Note: This summons shall be served together with an affidavit in support of the application.
This summons may not be served more than 6 calendar months after the above date unless renewed by order of the
Court.
 SUPREME COURT
SINGAPORE

Winding up proceedings

 All other winding up applications (Form 3)

 Parties should be referred to as “plaintiff” and

“defendant” (previously petitioner and
respondent)

30
 FORM 3
Rule 22

IN THE HIGH COURT OF THE REPUBLIC OF SINGAPORE

CWU O.S. No. )

of 20 )

(Seal).

In the Matter of the Companies Act (Chapter 50)

AND
In the Matter of _____________________

Between
Plaintiff.
and
Defendant.

ORIGINATING SUMMONS

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

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

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

Dated this day of 20 .

Registrar.

This summons is taken out by of

solicitor for the plaintiff whose address is

Note: This summons shall be served together with an affidavit in support of the application.
This summons may not be served more than 6 calendar months after the above date unless renewed by order
of the Court.
If a defendant does not attend personally or by his counsel or solicitor at the time and place abovementioned
such order will be made as the Court may think just and expedient.
 SUPREME COURT
SINGAPORE

Winding up proceedings
 Rule 17A which provides for validity of OS:
6 months for the purpose of service
Application to renew OS if not served within 6
months
May be extended for such period not exceeding 6
or 12 months (similar to O 7 r 5 of Rules of Court)
Where validity of OS has been extended, before it
is served, it must be marked with an official stamp
in Form 3A (R17A(4))
Renewed OS to be filed electronically 32
 SUPREME COURT
SINGAPORE

Winding up proceedings

 NO amendments made to other

procedures/ time-lines
• e.g. requirement of advertising the winding up
application seven clear days before the
hearing of the winding up application remains

33
 SUPREME COURT
SINGAPORE

Summary: Winding Up proceedings

Type of changes Existing Companies (Winding Up) Amended Companies (Winding
Rules Up) Rules

Mode of commencement Originating petition and affidavit Originating summons (OS) with
verifying petition supporting affidavit

Application by Form 2 (petition) and Form 7 Form 2 (OS) and Form 5 (affidavit)
Form to be company (affidavit)
used
Application by Form 3 (petition by unpaid creditor Form 3 (OS) and Form 5 (affidavit)
other person on simple contract) and Form 7
(affidavit)

When to file supporting affidavit Within 4 days after petition is To be filed together with OS
presented

Names of Application by Petitioner Applicant

parties on company
originating
process Application by Petitioner and respondent Plaintiff and defendant
other person

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

34
 (C) Overview of amendments to
Judicial management proceedings

Section 227A of the Companies Act

(Cap 50) and the Companies
Regulations (Cap 50, Regulation 1)
 SUPREME COURT
SINGAPORE

Judicial management proceedings

 Rule 30 of the Companies Regulations (Judicial
Management) – application for JM order to be
made by OS (Form 63A)

 Supporting facts to be deposed to in affidavit

supporting OS (Form 63B)
Supporting affidavit to be filed together with OS

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

OP) to OS
36
 SUPREME COURT
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Judicial management proceedings

 Open Court
 JM applications will continue to be heard in open
Court in the first instance
 Pursuant to Order 28, 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.

37
Impact on practice
 SUPREME COURT
SINGAPORE

Impact on practice

 Changes mostly pertain to mode of

commencement

 No changes in fee structure

39
 SUPREME COURT
SINGAPORE

Amendments of pending Motions, Petitions

and SICs

 For cases pending or applications filed prior

to 1 April 2006
 Amendments using existing (old) forms and
procedure

40
Changes to EFS
 SUPREME COURT
SINGAPORE

Schedule of changes
31 March 2006 (Friday):
EFS will be shut down from 2359 hours to
implement the necessary technical modifications
to EFS
No EFS filing of any documents relating to Phase
2 proceedings
Other documents not relating to Phase 2 may
continue to be filed

42
 SUPREME COURT
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Schedule of changes
1 April 2006 (Saturday):
• Legal Registry will be open from 0900 hours to 1230
hours
• Urgent applications relating to Phase 2 – to see Duty
Registrar for leave to file hard copies
• Leave may be granted upon undertaking to file
electronically when EFS filing resumes
• Where necessary, request to backdate documents to 1
April 2006 should be made when documents are filed
electronically 43
 SUPREME COURT
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Schedule of changes
Please note:
• manual filing of documents will not be processed after 1230
hours on 1 April 2006
• For urgent applications relating to Phase 2 proceedings which
will be time-barred if 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 Supcourt_QSM@supcourt.gov.sg
• 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
44
 SUPREME COURT
SINGAPORE

Schedule of changes

2 April 2006 (Sunday):

 Front end filing resumed by 2000 hours

CrimsonLogic Helpdesk:
 Hotline 6887 7888 will continue to answer all queries
concerning filing procedure in EFS and other technical
difficulties arising from the legislative changes.
 No legal advice will be provided.

45
The End

Thank you.

AR Yeong Zee Kin

AR Chung Yoon Joo
AR Dorcas Quek