PART 2 | Division 1 — Filing of documents |
6.—(1) Unless the presiding member directs otherwise, where these Regulations require or permit a document to be filed, the document must be filed by —| (a) | lodging the document at the Registry at a time when that office is open for business; or | | (b) | sending the document by email to the email address specified for this purpose at https://www.ipos.gov.sg. |
(2) For the purposes of these Regulations, a document is treated as filed at the time and on the date that —| (a) | if the document is lodged in accordance with paragraph (1)(a) — the secretary accepts the document for filing; or | | (b) | if the document is sent by email in accordance with paragraph (1)(b) — the secretary accepts the document for filing by email. |
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| (3) The secretary may refuse to accept a document for filing if the document does not substantially comply with these Regulations. |
(4) The secretary must refuse to accept any of the following documents if the fee specified in the First Schedule for filing that document is not paid:| (a) | any notice under regulation 65(3)(e); | | (b) | any case brought to a Tribunal under the Act. |
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| (5) Where the president or a deputy president has directed that a specified number of copies of any class of documents must be filed, a person filing a document in that class must file that number of copies of the document. |
| (6) A filed document must show the filing date of the document. |
(7) The following particulars of every filed document must be kept at the Registry:| (a) | the time of delivery at the Registry of the document for filing; | | (b) | the filing date of the document; | | (c) | the title of the proceeding that the document is part of. |
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| (8) In this regulation and the First Schedule, “case” has the meaning given by regulation 26. |
| (9) In this regulation, “secretary” includes any officer charged with the duty of receiving and filing any documents. |
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| Documents for use in proceedings, etc. |
7.—(1) Unless the nature of the document renders it impracticable, a document prepared by a party for use in a proceeding must be on paper of durable quality, approximately 297 millimetres long by 210 millimetres wide, and having a margin not less than 20 millimetres wide to be left blank on either side of the paper.(2) Except where these Regulations otherwise provide, a document prepared by a party for use in a proceeding must be produced —| (a) | in an electronic form; or | | (b) | by printing, handwriting (which must be clear and legible), typewriting (but not by means of a carbon), or any combination of those means. |
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| (3) For the purpose of these Regulations, a document is deemed to be printed if it is produced by type lithography or stencil duplicating. |
(4) Any type used in producing a document for use in a proceeding must give a clear and legible impression and must be not smaller than —| (a) | 11 point type for printing or electronic documents; or | | (b) | elite type for type lithography, stencil duplicating or typewriting. |
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| (5) Any document produced by a photographic or similar process giving a positive and permanent representation free from blemishes, to the extent that it contains a facsimile of any printed, handwritten or typewritten matter, is treated for the purposes of these Regulations as if it were printed, handwritten or typewritten, as the case may be. |
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8. A filed document must —| (a) | be in the English language; or | | (b) | be accompanied by a translation of the document verified by an affidavit of a person who is qualified to translate the document as if it is to be received, filed or used in the State Courts. |
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| File numbers of proceedings |
9.—(1) The secretary must cause a case file number to be allotted to every proceeding.| (2) One case file number may be allotted to all proceedings that, in the opinion of the secretary, are related to each other. |
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10.—(1) Where —| (a) | a person (X) is required by or under these Regulations to serve on another person a sealed copy of a filed document; | | (b) | a copy of the document is filed by or on behalf of X; and | | (c) | the secretary accepts the document for filing, |
| the secretary must cause the document to be sealed and returned to X. |
| (2) In this regulation, “secretary” includes any officer charged with the duty of receiving and filing any documents. |
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| 11. Where, in connection with a proceeding, a person (X) signs a document on behalf of another person (Y), X must state in the document that X is signing the document on behalf of Y. |
| Division 2 — Service of documents |
12.—(1) A document that is required or permitted by or under these Regulations to be served on a person (X) in connection with a proceeding may be served on X —| (a) | if X has specified an address for service (being the address of a place in Singapore) — by delivering the document to X personally or by leaving the document at, or by sending the document by post addressed to X at, that address; | | (b) | if X has specified an address for service (being an email address) — by sending the document to that email address; or | | (c) | if sub‑paragraphs (a) and (b) do not apply —| (i) | if X is a body corporate —| (A) | by delivering the document personally to the manager or secretary of the body corporate; or | | (B) | if the body corporate has a registered office under any written law, by leaving it at that office or by sending it by post addressed to the body corporate at that office or, if the body corporate does not have a registered office, by sending it by post addressed to the body corporate at its principal place of business in Singapore; |
| | (ii) | if X is an organisation other than a body corporate —| (A) | by delivering the document personally to the manager, secretary or other similar officer of the organisation; or | | (B) | by sending it by post addressed to the organisation at its principal place of business in Singapore; or |
| | (iii) | in any other case —| (A) | by delivering the document personally to X; or | | (B) | by sending it by post addressed to X at the address of the place of residence or business of X last known to the person serving the document. |
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(2) A Tribunal may, in relation to a document that is required or permitted by or under these Regulations to be served, order that —| (a) | the document be served in a manner different from the manner provided by paragraph (1); or | | (b) | the document need not be served. |
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13.—(1) A person who files a document in connection with a proceeding must specify an address for service in the document.| (2) Paragraph (1) does not apply if the person has previously filed a document in connection with the proceeding and specified an address for service in that document. |
(3) A person may change the person’s address for service in connection with a proceeding by —| (a) | filing a written notice (which must be signed by or on behalf of the person) specifying a new address for service; and | | (b) | causing a copy of the notice to be served on every other party to the proceeding within 7 days after the notice is filed. |
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| (4) For the purposes of this regulation, a person may only specify an address of a place in Singapore or an email address (or both) as an address for service. |
(5) For the purposes of these Regulations, a person’s address for service is —| (a) | subject to sub-paragraph (b), the address specified by the person in accordance with paragraph (1); or | | (b) | the address specified by the person in the notice or the latest notice (as the case may be) under paragraph (3). |
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| 14. Proof of the service of any document may be given by means of an affidavit. |
| Division 3 — Orders of Tribunal |
| Recording of orders of Tribunal |
15. The secretary must —| (a) | ensure that an order of a Tribunal and the date on which it was made is recorded in a document signed by the secretary; and | | (b) | cause a copy of the document to be kept. |
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| Notification of orders of Tribunal and of reasons |
16.—(1) A Tribunal must, when making an order, state in writing its reasons for making the order.(2) The secretary must —| (a) | cause a copy of the document recording the order and of the reasons of a Tribunal to be served on each party in respect of which the order was made; and | | (b) | cause a copy of the document recording the order and of the reasons to be made available at the Registry for public inspection when the Registry is open for business. |
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| (3) In paragraphs (1) and (2), “order” does not include an interim order or an order that is made in respect of an application that is ancillary to another proceeding. |
| (4) The president may direct the secretary to cause particulars of any order of a Tribunal to be advertised. |
| (5) Paragraphs (2) and (4) do not apply in relation to an order that is suspended pending a reference of a question of law to the Court. |
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| Division 4 — Miscellaneous |
| 17. Variations may be made to any specified form in any particular case if the circumstances so require. |
| Opportunity to present case |
| 18. In these Regulations, unless the context otherwise requires, where a person is given an opportunity to present a case, that person must be given an opportunity, at the option of that person, of submitting representations in writing, or of being heard, or both. |
| Evidence in form of written statements |
19.—(1) A Tribunal may permit a person appearing as a witness before the Tribunal to give evidence by tendering, and verifying by oath or affirmation, a written statement.| (2) The written statement mentioned in paragraph (1) must be filed. |
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| Prescribed representatives under section 495(c) |
20.—(1) This regulation prescribes the persons who may represent a party under section 495(c), if permission is given by the Tribunal in accordance with that provision.(2) The following persons may represent a party in a proceeding before a Tribunal:| (a) | if the party is a body corporate — a director or other officer, or an employee, of the body corporate; | | (b) | if the party is an unincorporated body of persons or a member of such a body — a member, or an officer or employee, of the body; | | (c) | if sub‑paragraphs (a) and (b) do not apply, and the party is not an individual — an employee of the party. |
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21.—(1) A summons to a person to appear before the Tribunal under section 491(2)(d) must be substantially in the specified form and must be sealed.(2) Despite regulation 12, a summons under section 491(2)(d) must be served on a person —| (a) | by delivering a copy of the summons to the person personally; and | | (b) | if requested by the person at the time of service — by showing the sealed copy of the summons to the person at that time. |
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22.—(1) This regulation applies in relation to any period prescribed or allowed by or under these Regulations to —| (a) | file a document; | | (b) | serve a document; or | | (c) | do any other act. |
| (2) A Tribunal or the presiding member may (whether before, on or after the expiration of the period mentioned in paragraph (1)) extend that period subject to any conditions. |
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| 23. The fees specified in the First Schedule are payable in respect of the corresponding matters set out in that Schedule. |
| Witnesses’ costs, fees and expenses |
24.—(1) This regulation applies to a person (called in this regulation a witness) who —| (a) | attends to give evidence in a proceeding; | | (b) | attends to give evidence and produce documents or articles in a proceeding; or | | (c) | attends to produce documents or articles in a proceeding, |
| in accordance with a summons, or at the request of a party to the proceeding or of a Tribunal. |
| (2) A witness (whether or not the witness is called to give evidence or to produce documents or articles) is entitled to payment in accordance with the scale of costs, fees and expenses set out in the Second Schedule, subtracting any amount previously paid to the witness for the expenses of attendance in the proceeding. |
(3) The following persons must pay to the witness the costs, fees and expenses mentioned in paragraph (2):| (a) | if the witness is summoned or requested to attend the proceeding on behalf of a Tribunal — the Government; | | (b) | if sub‑paragraph (a) does not apply — the person on whose behalf the witness is summoned or at whose request the witness attends the proceeding. |
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| Power to waive procedural requirements and effect of non‑compliance |
25.—(1) Subject to the Act, a Tribunal may in special circumstances, and subject to any conditions, exempt a person from compliance with any procedural requirements of these Regulations in relation to any proceeding.(2) Subject to the Act, if a proceeding or an order of a Tribunal does not comply with any provision of these Regulations —| (a) | the non-compliance does not render the proceeding or order void; but | | (b) | the Tribunal may, in any manner and on any terms —| (i) | set aside (whether wholly or in part) as irregular; | | (ii) | amend; or | | (iii) | otherwise deal with, |
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