Community Disputes Resolution Tribunals Rules 2015

No. S 565

Community Disputes Resolution Act 2015

(ACT 7 OF 2015)

Community Disputes Resolution Tribunals
Rules 2015

In exercise of the powers conferred by section 32 of the Community Disputes Resolution Act 2015, we, the Rules Committee, make the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.  These Rules may be cited as the Community Disputes Resolution Tribunals Rules 2015 and come into operation on 1 October 2015.

Application of Rules and Rules of Court 2021

2.—(1)  These Rules apply to all proceedings in the Community Disputes Resolution Tribunals.

(2)  Subject to the provisions of these Rules, the Rules of Court 2021 (G.N. No. S 914/2021) apply to all proceedings in and appeals from the Community Disputes Resolution Tribunals with the following modifications:

(a) any reference to a Judge includes a reference to a tribunal judge;

(b) any reference to a Court includes a reference to a Community Disputes Resolution Tribunal or a tribunal judge;

(c) any reference to an originating process includes a reference to a claim under rule 5;

(d) any reference to a pleading does not include a reference to a claim under rule 5;

(e) Order 9, Rule 16 of the Rules of Court 2021 applies to a claim under rule 5 as if the claim were a pleading;

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(f) Orders 7 and 28 of the Rules of Court 2021 do not apply to any proceeding in the Community Disputes Resolution Tribunals.

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Definitions

2A.  In these Rules, unless the context otherwise requires —

“ACRA” means the Accounting and Corporate Regulatory Authority established by section 3 of the Accounting and Corporate Regulatory Authority Act (Cap. 2A);

“CorpPass” means the identity authentication service, known as Singapore Corporate Access, by which an entity authenticates its identity in order to carry out an online transaction with the Government or a statutory board;

“CorpPass credential” means any username, password or 2‑factor authentication detail required to authenticate, using CorpPass, the identity of an entity;

“electronic system” means the electronic filing and case management system established under rule 4A(1);

“messaging system” means any system that enables the transmission of short text messages or electronic mail —

(a) from a digital mobile telephone to another digital mobile telephone; or

(b) from an electronic mail address to a digital mobile telephone, and the other way around;

“relevant Form”, in relation to any purpose for which a specific form is required to be used, means the current version of the relevant form for that purpose, as set out on the Internet website of the electronic system or in the practice directions;

“SingPass” means the identity authentication service, known as Singapore Personal Access, by which an individual authenticates the individual’s identity in order to carry out an online transaction with the Government or a statutory board;

“SingPass credential” means any username, password or 2‑factor authentication detail required to authenticate, using SingPass, the identity of an individual.

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Forms and documents

3.—(1)  Unless the Registrar directs otherwise, every relevant Form or document relating to proceedings before a tribunal or the Registrar must be submitted through the electronic system.

(2)  Every relevant Form must contain such particulars, and be accompanied by such documents, as may be specified by the tribunal, by the Registrar or in the relevant Form.

(3)  Any relevant Form may be used in any particular case with such variations as the circumstances of that case require.

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Powers of tribunal or Registrar for purpose of facilitating fair and expedient determination of matter

4.  For the purpose of facilitating the fair and expedient determination of any matter in a tribunal —

(a) the tribunal or the Registrar may make such order or direction as the tribunal or Registrar thinks necessary or appropriate, including —

(i) any order or direction as to the procedure for any proceedings in the tribunal; and

(ii) any order or direction for the modification or exclusion of any provision of these Rules or the Rules of Court 2021 in relation to those proceedings; and

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(b) despite anything to the contrary in these Rules or the Rules of Court 2021, any application may be made in such manner as the tribunal or Registrar may direct.

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PART 1A

ELECTRONIC SYSTEM

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Electronic system

4A.—(1)  An electronic filing and case management system is established for the tribunals.

(2)  The purposes of the electronic system are as follows:

(a) to facilitate the submission of relevant Forms and documents;

(b) to facilitate the service of relevant Forms and documents;

(c) to facilitate, by electronic means, the settlement of disputes and the conduct of proceedings before a tribunal or the Registrar.

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Authentication

4B.—(1)  Subject to paragraph (3), an individual must authenticate the individual’s identity using SingPass in order to access the electronic system to carry out an online transaction involving the individual.

(2)  Subject to paragraph (3), a person, who is authorised by an entity to carry out through the electronic system an online transaction involving the entity, must authenticate the identity of the entity using CorpPass in order to access the electronic system to carry out that transaction for the entity.

(3)  The Registrar may, on application by a party that is unable to authenticate the party’s identity using SingPass or CorpPass, issue the party with a username and password to enable the party to access the electronic system to carry out an online transaction involving the party.

(4)  A party that is issued a username and a password under paragraph (3) —

(a) must ensure the confidentiality and security of the username and password; and

(b) must not —

(i) divulge the username and password to any other person; or

(ii) permit any other person to use the username and password.

(5)  An individual must not facilitate the use, by any other person, of the individual’s SingPass credentials to access the electronic system.

(6)  An entity must not facilitate the use, by any unauthorised person, of the CorpPass credentials of the entity to access the electronic system.

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Information on party

4C.  Every party to proceedings before a tribunal or the Registrar must —

(a) enter, through such means as may be provided by the electronic system for the recording of information on the party’s profile, such information on the party as the electronic system may require; and

(b) if there is any change to that information, update that information by entering, through such means as may be provided by the electronic system, the details of the change.

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Time of filing of relevant Form or document submitted through electronic system

4D.—(1)  If a relevant Form or document is submitted through the electronic system, the relevant Form or document is treated as filed on the date and at the time the first part of the transmission of the relevant Form or document is received in the electronic system.

(2)  Despite paragraph (1), where the submission of a relevant Form or document through the electronic system is unsuccessful or delayed because of a failure or inability of the electronic system to transmit or process the relevant Form or document, the Registrar may —

(a) on the Registrar’s own motion or on the application of the party who submitted the relevant Form or document, make an order for the relevant Form or document to be treated as filed on an earlier date than that on which the first part of the transmission of the relevant Form or document is actually received in the electronic system; and

(b) in the case of an unsuccessful submission, require the relevant Form or document to be resubmitted through the electronic system.

(3)  Every application under paragraph (2)(a) must be accompanied by proof, to the satisfaction of the Registrar, of the matters relied on to support the application.

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Time of service of document through electronic system

4E.—(1)  Where the Registrar gives, through the electronic system, a notice under these Rules to —

(a) a party to proceedings before a tribunal or the Registrar; or

(b) any other person who carries out an online transaction through the electronic system,

the notice is treated as served on the party or person (as the case may be) 24 hours after the time the Registrar sends the notice to the party or person (as the case may be) through the electronic system.

(2)  Except as provided in paragraph (1), after the Registrar has notified a party to any proceedings before a tribunal or the Registrar that the party has been given the right to access the electronic system to view any document served on the party in relation to those proceedings —

(a) any document required to be served on the party in relation to those proceedings may be served on the party by submitting that document through the electronic system; and

(b) that document is treated as served on the party 24 hours after the time that document is treated under rule 4D as filed.

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Negotiation through electronic system

4F.  The parties to any proceedings before a tribunal or the Registrar may use the negotiation module in the electronic system to facilitate a settlement acceptable to all of those parties.

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Made on 25 September 2015.

SUNDARESH MENON

Chief Justice.

V K RAJAH, SC

Attorney-General.

BELINDA ANG SAW EAN

Judge.

TAY YONG KWANG

Judge.

QUENTIN LOH

Judge.

STEVEN CHONG

Judge.

VINODH COOMARASWAMY

Judge.

SEE KEE OON

Presiding Judge of the State Courts.

TAN PUAY BOON

District Judge.

CAVINDER BULL, SC

Advocate and Solicitor.

ANG CHENG HOCK, SC

Advocate and Solicitor.

[RSCS R7/7 Vol. 16; AG/LEGIS/SL/49C/2015/1 Vol. 1]

(To be presented to Parliament under section 32(4) of the Community Disputes Resolution Act 2015).