Family Justice (Protection from Harassment) Rules 2024

No. S 721

Family Justice Act 2014

Family Justice
(Protection from Harassment)
Rules 2024

In exercise of the powers conferred by section 46 of the Family Justice Act 2014 and all other powers enabling us under any written law, we, the Family Justice Rules Committee, make the following Rules:

PART 1

PRELIMINARY

Citation and commencement

1.  These Rules are the Family Justice (Protection from Harassment) Rules 2024 and come into operation on 15 October 2024.

Definitions

2.—(1)  In these Rules —

“Act” means the Protection from Harassment Act 2014;

“common party”, in relation to any PH proceedings, means a person who is a party in both the PH proceedings and family proceedings related to the PH proceedings;

“expedited protection order” means an order made under section 13 of the Act;

“false statement order” means a correction order, a disabling order, a general correction order, a stop publication order or a targeted correction order;

“General Rules” means the Family Justice (General) Rules 2024 (G.N. No. S 720/2024);

“intended relevant party”, in relation to any PH proceedings, means any person against whom a claim is made, or an order is sought, in the PH proceedings;

“interim false statement order” means an interim disabling order, an interim notification order, an interim stop publication order or a targeted interim notification order;

“party”, in relation to any PH proceedings, includes an individual or entity against whom an order is sought in the PH proceedings;

“PH proceedings” means civil proceedings for orders under Part 3 of the Act and excludes claims under section 11 of the Act;

“proper address” means —

(a) in the case of a natural person, the person’s usual or last known address or the business address of the person’s solicitor; or

(b) in the case of an entity, its registered or principal office or, if none exists, its last known place of business or its solicitor’s address;

“protection order” means an order made under section 12 of the Act.

(2)  In these Rules —

(a) the following words have the same meanings as in section 2(1) of the Act:

“author”, “communication”, “correction order”, “court”, “disabling order”, “entity”, “general correction order”, “interim disabling order”, “interim notification order”, “interim stop publication order”, “internet intermediary”, “internet intermediary service”, “offending communication”, “Protection from Harassment Court”, “publish”, “relevant party”, “statement”, “stop publication order”, “targeted correction order” and “targeted interim notification order”; and

(b) family proceedings are related to PH proceedings if —

(i) both of those proceedings involve any common issue of law or fact; or

(ii) the rights to relief claimed in both those proceedings are in respect of the same conduct or course of conduct.

(3)  The Forms to be used for the purposes of these Rules are those set out in practice directions (as defined in the General Rules), and any reference in these Rules to a numbered form (where the number may include alphanumeric characters) is to be construed as a reference to the current version of the form bearing the corresponding number which is set out in the practice directions.

Application of General Rules

3.—(1)  Subject to paragraphs (2) and (3), the General Rules apply, with the necessary modifications, to all PH proceedings in the Family Courts or appeals from such proceedings, and for this purpose a reference to “these Rules” in the General Rules includes a reference to these Rules.

(2)  Parts 2, 3, 11, 12, 13, 20 and 25 (Rule 6) of the General Rules do not apply to PH proceedings.

(3)  These Rules prevail over the provisions of the General Rules to the extent of any inconsistency between them.

PART 2

COMMENCEMENT AND TRANSFER OF PH PROCEEDINGS

Application for permission to commence PH proceedings in Family Court

4.—(1)  An application for permission to commence any PH proceedings pursuant to section 16I(2)(c) of the Act must be made to the Family Court by originating application in Form 185.

(2)  The originating application must be served in accordance with the direction (if any) of the Family Court for service on a party or an individual or entity mentioned in paragraph (3)(c) or (d).

(3)  An application for permission in paragraph (1) must be supported by an affidavit in Form 186, or by a simplified form in the relevant Form annexed to the application —

(a) identifying the PH proceedings that the party seeking permission wishes to commence in the Family Court;

(b) identifying the pending family proceedings which are related to the PH proceedings;

(c) stating the name and address of the party in the family proceedings against whom the PH proceedings are intended to be commenced;

(d) stating the names and addresses of all other individuals or entities against whom an order is sought under the PH proceedings, if any; and

(e) stating the reasons why it is just, expeditious and economical for the disposal of the PH proceedings and the pending family proceedings that the PH proceedings be commenced in the Family Court.

(4)  For the purposes of paragraph (3)(b), the affidavit or simplified form (as the case may be) must state how the pending family proceedings are related to the PH proceedings and, in particular —

(a) state whether the PH proceedings and the pending family proceedings involve any common issues of law or fact, and the extent of those common issues;

(b) state whether, and to what extent, the rights and reliefs claimed in the PH proceedings and the pending family proceedings are in respect of the same conduct or course of conduct;

(c) state whether the party seeking permission has duly served the originating process of the pending family proceedings on all other parties in those proceedings or been served with the originating application (as the case may be), and provide evidence of the service; and

(d) state the current stage of the pending family proceedings.

(5)  The Family Court may make an order or give a direction for any of the following:

(a) where the permission to commence PH proceedings is refused — the disposal of the application for permission to commence the PH proceedings;

(b) where permission to commence PH proceedings is granted — the conduct of both the PH proceedings and the pending family proceedings.

Transfer of PH proceedings from Family Court to Protection from Harassment Court

5.—(1)  An application to transfer any PH proceedings pending in the Family Court to the Protection from Harassment Court pursuant to section 16J(2) of the Act must be made by summons in the PH proceedings in Form 208.

(2)  The summons and supporting affidavit must be served on every party to the PH proceedings and the related family proceedings.

(3)  The application under paragraph (1) must be supported by an affidavit —

(a) identifying the PH proceedings to be transferred to the Protection from Harassment Court; and

(b) stating the reasons for the transfer of the PH proceedings to the Protection from Harassment Court.

(4)  Where an application for the transfer of PH proceedings under section 16J(2) of the Act is made, the Family Court may order the PH proceedings and the related family proceedings to be stayed until after the final determination of the application.

(5)  The Family Court may, on making an order for transfer under section 16J(2) of the Act, give any direction that is necessary for, and incidental to, the proper carrying into effect of the order.

(6)  Where an order is made for the transfer of PH proceedings under section 16J(2) of the Act to the Protection from Harassment Court, the Registrar must give notice of the transfer to every party to the proceedings.

PART 3

PROTECTION ORDER, EXPEDITED PROTECTION ORDER, FALSE STATEMENT ORDER OR INTERIM FALSE STATEMENT ORDER

Application of this Part

6.—(1)  An application under this Part in relation to any PH proceedings may only be made after the following permission or order has been given:

(a) permission to commence the PH proceedings in the Family Court under section 16I(2) of the Act;

(b) an order for the transfer of the PH proceedings to the Family Court under section 16J(3)(c) of the Act.

(2)  Despite the other rules in this Part or the provisions of the General Rules, the Family Court may give any direction as to the conduct of both the PH proceedings and the related family proceedings in the Family Court that is necessary for, and incidental to, the proper carrying into effect of any permission or order mentioned in paragraph (1).

Application for protection order or expedited protection order

7.—(1)  An application for a protection order must be made by filing an originating application in Form 187 and supported by an affidavit in Form 188.

(2)  The applicant for a protection order must serve a copy of the documents mentioned in paragraph (1) on —

(a) each intended relevant party within 14 days after the date of filing the originating application, unless the Family Court directs otherwise; and

(b) any other person on whom the documents are directed to be served under rule 23(1), within the time required by rule 23(2).

(3)  The applicant must file an affidavit of service in Form 78 within 8 days after the date of service in accordance with paragraph (2).

(4)  An applicant for a protection order may apply for the Family Court to make an expedited protection order by so indicating in the application for the protection order.

(5)  Where an affidavit has been filed in support of an application for a protection order, no further affidavit is to be filed or served in support of that application (including any expedited protection order indicated in the application), except with the permission of the Family Court.

(6)  A person who is served the documents under paragraph (2) may file an affidavit in reply in Form 189 within 14 days after being served the documents, and no further affidavit in reply is to be filed or served in support of the reply except with the permission of the Family Court.

(7)  The Family Court may grant an expedited protection order despite the failure to serve the documents under paragraph (2).

Form and notification of protection order or expedited protection order

8.—(1)  A protection order must be —

(a) in Form 190; and

(b) served by the applicant on every relevant party of the order, and every other person on whom the order is directed to be served under rule 23(1).

(2)  An expedited protection order —

(a) must be in Form 190;

(b) must be served by the applicant —

(i) on every relevant party of the order, and every other person on whom the order is directed to be served under rule 23(1); and

(ii) together with a copy each of the application for the order and the affidavit in support of the application, if these were previously not served on the relevant party or person mentioned in sub‑paragraph (i); and

(c) must contain, or be served together with an order of the Family Court containing, the Family Court’s directions for service referred to in sub‑paragraph (b)(i).

(3)  An order under section 12(2E) or (2F) or 13(1B) or (1C) of the Act served on a third party or an internet intermediary mentioned in that provision (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 191 naming that additional relevant party.

(4)  Where an order mentioned under paragraph (3) is to apply to another additional relevant party, who was not identified in the order or in a notification served under that paragraph, a further notification in Form 191 naming that other additional relevant party must be served with the order on that other additional relevant party.

(5)  A party who wishes to amend a notification, which is served by that party under paragraph (3) or (4) in respect of an additional relevant party named in the notification, must do so by serving a copy of the amended notification on every additional relevant party who was served the notification before it was amended.

(6)  Every notification, further notification or amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and the filing may be done without any further permission of the Family Court.

Application to vary, suspend or cancel protection order or expedited protection order

9.—(1)  An application to vary, suspend or cancel a protection order or an expedited protection order must be —

(a) made by summons in Form 192 in the originating application in which the protection order or expedited protection order was made; and

(b) supported by an affidavit in Form 193.

(2)  The applicant must serve the application and supporting affidavit on —

(a) every other party to the claim for the order, within 7 days after the date on which the application is filed; and

(b) any other person on whom the application is directed to be served under rule 23(1), within the time required by rule 23(2).

(3)  The Family Court may —

(a) give any directions for the hearing of the application that the Family Court thinks fit;

(b) conduct the hearing of the application in any manner that the Family Court thinks fit; and

(c) where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.

(4)  Any order made by the Family Court pursuant to the application must be served by the party in whose favour the order is made, on the following persons as the Family Court may direct:

(a) each person required to be served under paragraph (2);

(b) any other person on whom the order is directed to be served under rule 23(1).

(5)  This rule does not affect the Family Court’s power to transfer any application to vary, suspend or cancel the order to the Protection from Harassment Court under section 16J(2) of the Act.

Application for false statement order or interim false statement order

10.—(1)  An application for a false statement order must be made by filing an originating application in Form 194 supported by an affidavit in Form 196.

(2)  The applicant for a false statement order must serve a copy of the documents mentioned in paragraph (1) on —

(a) each intended relevant party within 14 days after the date of filing the originating application, unless the Family Court directs otherwise; and

(b) any other person on whom the documents are directed to be served under rule 23(1), within the time required by rule 23(2).

(3)  The applicant must file an affidavit of service in Form 78 within 8 days after the date of service in accordance with paragraph (2).

(4)  An applicant for a false statement order who wishes to apply for a corresponding interim false statement order must —

(a) so indicate in the originating application relating to the application for the false statement order; or

(b) where the application for the false statement order has already been made — apply by summons or a summons without notice (as the case may be) in Form 195 in the originating application for the false statement order, supported by an affidavit in Form 196.

(5)  Where an affidavit has been filed in support of an application under paragraph (1) or (4)(b), no further affidavit is to be filed or served in support of that application except with the permission of the Family Court.

(6)  Each person who is served the documents under paragraph (2) may file an affidavit in reply in Form 197 within 14 days after being so served, and no further affidavit is to be filed or served in support of that person’s reply except with the permission of the Family Court.

(7)  The Family Court may grant an interim stop publication order or interim notification order despite the failure to serve the documents in support of the application under paragraph (2).

Form and notification of false statement order, interim false statement order, stop publication order or interim stop publication order

11.—(1)  A false statement order —

(a) must be in Form 198;

(b) must be served by the applicant on each relevant party of the order and every other person on whom the order is directed to be served under rule 23(1); and

(c) must contain, or be served with an order of the Family Court containing, the Family Court’s directions for service referred to in sub‑paragraph (b).

(2)  An interim false statement order —

(a) must be in Form 198;

(b) must be served by the applicant —

(i) on every relevant party of the order, and every other person on whom the order is directed to be served under rule 23(1); and

(ii) together with a copy each of the application for the interim false statement order and the affidavit in support of the application, if these were previously not served on the relevant party or person; and

(c) must contain, or be served together with an order of the Family Court containing, the Family Court’s directions for service referred to in sub‑paragraph (b)(i).

(3)  A stop publication order or an interim stop publication order (as the case may be) served on an individual or entity mentioned in section 15A(3) of the Act (called in this rule an additional relevant party), who was not identified in the order, must be served together with a notification in Form 199 naming that additional relevant party.

(4)  Where an order mentioned in paragraph (3) is to apply to another additional relevant party who was not identified in the order or in a notification served under that paragraph, a further notification in Form 199 naming that other additional relevant party must be served with the order on that other additional relevant party.

(5)  A party who wishes to amend a notification, served by that party under paragraph (3) or (4) in respect of a person named in the notification, must do so by serving an amended notification on every additional relevant party who was served the notification before it was amended.

(6)  Every notification, further notification and amended notification mentioned in paragraph (3), (4) or (5) (as the case may be) must be filed before it is served, and the filing may be done without any further permission of the Family Court.

Application to vary, suspend or cancel false statement order or interim false statement order

12.—(1)  An application to vary, suspend or cancel a false statement order or an interim false statement order must be —

(a) made by summons in Form 200 in the originating application in which the false statement order or interim false statement order (as the case may be) was made; and

(b) supported by an affidavit in Form 201.

(2)  The applicant must serve the application and supporting affidavit on —

(a) every other party to the claim for the order, within 7 days after the date on which the application is filed; and

(b) any other person on whom the application is directed to be served under rule 23(1), within the time required by rule 23(2).

(3)  The Family Court may —

(a) give any directions for the hearing of the application that the Family Court thinks fit;

(b) conduct the hearing of the application in any manner that the Family Court thinks fit; and

(c) where any party or person does not appear at the hearing of the application despite being served under paragraph (2), proceed to hear the application and make a decision in the absence of the party or person, even if the interests of the party or person may be prejudicially affected by the decision.

(4)  Any order made by the Family Court pursuant to the application must be served by the party or person in whose favour the order is made, on the following:

(a) each party or person required to be served under paragraph (2);

(b) every other person on whom the order is directed to be served under rule 23(1).

(5)  This rule does not affect the Family Court’s power to transfer any application to vary, suspend or cancel the order to the Protection from Harassment Court under section 16J(2) of the Act.

Appeal relating to protection order or false statement order

13.—(1)  Subject to paragraphs (2) and (3) and rule 3(3), Part 19 of the General Rules applies to an appeal against a decision of the Family Court in relation to a protection order or false statement order or the refusal of the order.

(2)  For the purposes of paragraph (1), any reference to “all parties who have an interest in the appeal” in Part 19 of the General Rules is to be read, unless the court otherwise directs, as a reference to the following persons:

(a) the applicant for the protection order or false statement order;

(b) the respondent to the application for the protection order or false statement order;

(c) every relevant party in relation to the protection order or false statement order;

(d) any other person on whom the application is directed to be served under rule 23(1).

(3)  The time for service under Part 19 of the General Rules on a person mentioned in paragraph (2)(d) is the time required by rule 23(2).

 

Made on 13 September 2024.

SUNDARESH MENON

Chief Justice.

JUDITH PRAKASH

Senior Judge.

TEH HWEE HWEE

Presiding Judge of the
Family Justice Courts.

KENNETH YAP YEW CHOH

Registrar of the
Family Justice Courts.

LIM HUI MIN

Director of Legal Aid.

YAP TEONG LIANG

Advocate and Solicitor.

FOO SIEW FONG

Advocate and Solicitor.

[AG/LEGIS/SL/104A/2020/1]

(To be presented to Parliament under section 46(7) of the Family Justice Act 2014).