Inside the Bar

Special Directions for Ancillary Matters or Summons-in-Chambers Hearings Lasting Half a Day or More  

The article is a guide to special directions lawyers ought to consider when applying for special hearing dates at the Ancillary Pre-Trial Conference.


At the Ancillary Pre-Trial Conference (ĎAPTCí), the Deputy Registrar will give dates for the hearing of ancillary matters (ĎAMsí) or summons-in-chambers applications (ĎSICsí). Some of these hearings will last half a day, a full day, or even longer (Ďspecial hearingsí). In order to make the hearing process more efficient and to assist the judge hearing such special hearings, the Deputy Registrar may order the parties to file documents such as written submissions, chronologies of events, lists of issues, lists of affidavits and so on (Ďspecial directionsí). Lawyers applying for special hearing dates at the APTC are advised to consider whether any of the following special directions would be useful for their particular case. The special directions which the Deputy Registrar may make are as follows:1

List of Affidavits

The purpose of the list of affidavits is to notify the court and the other party of the affidavits the party filing the list of affidavits has filed and which he will be referring to at the hearing. If the party will only be referring to one or more portions of an affidavit, rather than the entire affidavit, the party should state which paragraphs will be referred to. The list of affidavits should be in the format set out in Annex A.

Schedule of Assets

The purpose of the Schedule of Assets is to set out the following information clearly:

A sample Schedule of Assets is set out at Annex B of this article.2

List of Issues

The purpose of the List of Issues is to state the issues in controversy between the parties, in which the courtís decision is sought and to state the partyís position in respect of the same.

A sample List of Issues is set out at Annex C of this article.3

Bundle of Documents

Bundles of documents assist the hearing judge by enabling easy reference to the documents exhibited in affidavits filed by the parties. The documents ordered to be bundled may be (a) those documents which the party intends to refer to at the hearing, or (b) those documents which the party intends to rely on for his case. The Deputy Registrar may order the bundle of documents to be organised by issues, types of assets or other categorisations, as appropriate, in chronological order.

Written Submissions

Parties may be ordered to prepare Written Submissions in order to assist the hearing judge. The Deputy Registrar may make orders regarding the page-length of the written submissions.

Agreed Chronology of Events

An Agreed Chronology of Events sets out a framework which enables the hearing judge to place the time-frames for the various events set out in the partiesí respective affidavits.

A sample Agreed Chronology of Events is set out in Annex D.4

Time-frame

The usual time-frame for the documents listed in the paragraphs above to be tendered to the court will be about three to five days before the hearing.

Deputy Registrar Lim Hui Min
Family Court

Endnotes

1 The special directions set out in this article are not meant to be exhaustive, nor are they mandatory. It will be in the Deputy Registrarís discretion as to whether to make any or all of these directions, or other types of directions, depending on the circumstances of the individual case.
2 The soft copy of the sample Schedule of Assets can also be found on the Family Court website at www.familycourtofsingapore.gov.sg.
3 See endnote 2, supra.
4 See endnote 2, supra.


Annex A

Affidavits Filed by Party Which the Party Will be Referring to at the Hearing

S/No Name of Deponent Filing Date of Affidavit Title of Affidavit (at top right hand corner) Remarks  (ie whole affidavit to be referred to/only paras xĖy of affidavit to be referred to)
         

 

Annex B

Assets Agreed by Parties to be Matrimonial Assets

S/No Name of Asset Legal Owner Liabilities in Respect of Asset (eg mortgage loan) Estimated Value1 Claims Made by Parties Regarding the Asset2 Remarks (for example, whether there is a 3rd party claim on the asset) Document3
               

Assets Not Agreed by Parties to be Matrimonial Assets

(A)   Assets alleged by petitioner to be matrimonial assets

S/No Name of Asset Legal Owner Liabilities in Respect of Asset (eg mortgage loan) Estimated Value4 Claims Made by Parties Regarding the Asset5  Remarks (for example, whether there is a 3rd party claim on the asset) Document6
               

(B)    Assets alleged by respondent to be matrimonial assets

S/No Name of Asset Legal Owner Liabilities in Respect of Asset (eg mortgage loan) Estimated Value7 Claims Made by Parties Regarding the Asset8 Remarks (for example, whether there is a 3rd party claim on the asset) Document9
               

 

Annex C

Divorce Petition/Originating Summons No:*_________

List of Issues (by Petitioner)

1 Custody and Access to Children
1.1 Custody
Petitioner would like to have sole custody, care and control of the children.
1.2 Access
   

 (i)

If the Petitioner has care and control of the children, she is willing to let the Respondent have access to the children every Sunday from 10am to 2pm.
(ii) If the Petitioner is not able to have care and control of the children, she would like to have access to the children as follows:
  • every week from 9am Saturday to 9pm Sunday; and
  • every Wednesday from 6pm to 10pm.
2 Wife Maintenance
The Petitioner would like to have wife maintenance of $1,000 per month, or alternatively, lump sum maintenance of $200,000.
.
3 Child Maintenance
(i) If the Petitioner gets care and control of the children, she would like to have $3,000 per month in child maintenance ($1,500 per child).
(ii)  If the Petitioner does not get care and control of the children, she is not in a position to pay any sum for child maintenance to the Respondent.
.
4 Division of Matrimonial Assets
4.1 Matrimonial Home at 3 Greyacre Singapore 555555
To sell 3 Greyacre Singapore 555555 in the open market. After repayment of the bank loan, the respective partiesí CPF contributions with interest and the expenses of sale, the Petitioner is to receive 100% of the net sale proceeds.
4.2  40 Market Towers
For the Respondent to make payment of a sum representing 50% of the market value (net of the outstanding housing loan) of 40 Market Towers to the Petitioner.


Annex D

Divorce Petition/Originating Summons No*___________

Agreed Chronology of Events

S/No Date Event Remarks (ie filing date, page and para number of the affidavit/pleading in which the event is referred to)
1 1 January 1990 Date of marriage. Divorce Petition, para 1.
2 1990-1994 Petitioner and Respondent stayed in the Petitionerís parentsí house at 1 Blackacre Singapore 333333 after the marriage. Petitionerís 1st affidavit, para 3.
3 2 March 1993 First child, Mark, was born. Divorce Petition, para 4(a).
4 3 May 1994 The matrimonial home at 1 Whiteacre Singapore 222222 was purchased in the joint names of the Petitioner and the Respondent. Petitionerís 1st affidavit, para 7.
5 May 1994 Petitioner and Respondent moved into 1 Whiteacre Singapore 222222 with the child of the marriage, Mark. Petitionerís 1st affidavit, para 7.
6 5 May 1997 Second child, Tony, was born. Divorce Petition, para 4(a).
7 6 June 1998 1 Whiteacre Singapore 222222 was sold, and 3 Greyacre Singapore 555555 was purchased in the sole name of the Petitioner. Respondentís 2nd affidavit, para 9.
8 June 1998 Petitioner and Respondent moved into 3 Greyacre Singapore 555555 with the children of the marriage, Mark and Tony. Respondentís 2nd affidavit, para 10.
9 2 July 2000 Respondent purchased a property at 40 Market Towers, in his sole name. Petitionerís 1st affidavit, para 13.
10 5 June 2002 Respondent left 3 Greyacre Singapore 555555 to reside in 40 Market Towers. Petitionerís 1st affidavit, para 17.
11 7 August 2002 The Petitioner commenced divorce proceedings against the Respondent. NA.
12 1 April 2003 Decree Nisi granted. NA.

* Delete where inapplicable

Endnotes

1 To state if the estimated value is agreed between the parties. If not, to state the estimated value by the Petitioner and the Respondent respectively.
2 To state the respective claims made on the asset by the Petitioner and the Respondent.
3 To state which paragraphs of which affidavit refer to this asset, and the page numbers of the relevant affidavit where documents referring to this asset may be found.
4 To state if the estimated value is agreed between the parties. If not, to state the estimated value by the Petitioner and the Respondent respectively.
5 To state the respective claims made on the asset by the Petitioner and the Respondent.
6 To state which paragraphs of which affidavit refer to this asset, and the page numbers of the relevant affidavit where documents referring to this asset may be found.
7 To state if the estimated value is agreed between the parties. If not, to state the estimated value by the Petitioner and the Respondent respectively.
8 To state the respective claims made on the asset by the Petitioner and the Respondent.
9 To state which paragraphs of which affidavit refer to this asset, and the page numbers of the relevant affidavit where documents referring to this asset may be found.