The Singapore Court System consists of two tiers:
1. Subordinate Courts;
2. Supreme Court
SUBORDINATE COURTS
The District Courts and Magistrate Courts hear both civil and criminal cases.
Family Court
The Family Court deals with various family-related matters. One
aspect it covers is maintenance orders. For example, if a husband
neglects to maintain his wife, she can apply to the Family Court for an
order that her husband makes monthly contributions to maintain her.
An applicant can also apply to the Family Court for a Personal
Protection Order for herself or himself, as well as for a child if
violence or threats of violence have been used by the abuser. In certain
circumstances, the Family Court can grant a Domestic Exclusion Order to
prevent the abuser from entering the matrimonial home.
The Family Court also deals with divorce proceedings, which includes
matters such as division of matrimonial property, custody of children,
as well as maintenance of the wife and/or children. In addition, it also
deals with adoptions.
Coroner's Court
The Coroner's Court holds inquiries to ascertain the cause of a person's death
and whether anyone is criminally responsible. Such inquiries are held when there
is reason to suspect that a person has died in a sudden or unnatural manner, by
violence, or when the cause of death is unknown and in situations where the law
requires an inquiry.
Juvenile Court
The Juvenile Court deals with offences committed by persons below 16 years of age. The Juvenile Court is empowered with various options to deal with a juvenile offender, such as committing the offender to the care of a relative or other fit person, community service orders, probation orders, detention and reformative training.
The Juvenile Court also deals with Beyond Parental Control cases.
Community Court
The Community Court was established to deal with the following
categories of cases: youthful offenders (aged 16 to 18), offenders with
mental disabilities, neighbourhood disputes, attempted suicide cases,
family violence cases, carnal connection offences committed by youthful
offenders, abuse and cruelty to animals, cases which impact on race
relations issues and selected cases involving offenders aged 65 years
and above.
Small Claims Tribunal
If you have a claim arising from a sale or purchase of goods, the
provision of services (e.g. repairs renovation works), tortuous damage
to property (but not including damage arising because of a motor vehicle
accident) or any contact relating to a lease of residential property for
a period of less than 2 years, and your claim does not exceed $10,000,
you can file a claim in the Small Claims Tribunal. However, you can also
file a claim more than $10,000 but not exceeding $20,000 if both parties
consent to it in writing. You must file your claim at the Small Claims
Tribunal within 1 year from the date on which the incident you are
complaining of took place.
The procedure is informal, easy and inexpensive. You will first
attend a Consultation before the Registrar, who will mediate the claim
and assist the parties in resolving the dispute. If a claim is not
settled at the Consultation before the Registrar, it will generally be
fixed for hearing before a Referee within 7 days from the date of
Consultation. The Referee will also explore the possibility of settling
the claim before adjudicating on it.
If you choose to bring a claim to the Small Claims Tribunal, your
lawyer will not be allowed to come with you, as lawyers are not
permitted to represent any of the parties in proceedings before the
Tribunal.
You may appeal against decisions in the Small Claims Tribunal to the
High Court on points of law. You will first have to apply to the
District Judge for leave to appeal within 14 days of the Referee's
order, and only if the application is granted can you then file a Notice
of Appeal to the High Court. This Notice of Appeal must be filed within
1 month of the District Judge's order granting leave.
SUPREME COURT
The Supreme Court consists of the High Court and the Court of Appeal.
High Court
The High Court exercises original and appellate jurisdiction in civil
and criminal cases. It hears cases in the first instance as well as
cases on appeal from the Subordinate Courts. Generally, except for
probate matters, a civil case must be commenced in the High Court if the
value of the claim is above $250,000. Probate matters take place in the
High Court only if the deceased's estate is above $3,000,000, or if the
case involves the resealing of a foreign grant. In addition, ancillary
matters in family proceedings involving assets of $1,500,000 or more are
heard in the High Court.
In criminal cases, the High Court has the power to try all cases. In
general, the High Court tries cases where the offences are punishable
with death or with imprisonment for a term which exceeds 10 years.
The High Court can also hear points of law in special cases submitted
by a District Court or Magistrate Court. The High Court can reverse
decisions from the Subordinate Courts, or ask a Subordinate Courts to
conduct a new trial on the matter.
Court of Appeal
The Court of Appeal hears appeals of civil and criminal cases from the High Court. The Court of Appeal is presided over by the Chief Justice, and in his absence, a Judge of Appeal or a Judge of the High Court. The Court of Appeal is usually made up of three Judges. However, certain appeals may be heard by only two Judges. If necessary, the Court of Appeal may comprise five or any greater uneven number of Judges.
Civil Cases
General
If you have a civil case (e.g. a claim for breach of contract, or damage
caused by negligence), the amount of your claim will determine which court you
commence your action in.
In general, civil cases involving claims not exceeding $60,000 are dealt with
by the Magistrate Courts. Claims of more than $60,000 but not exceeding $250,000
are dealt with by the District Courts. Claims above $250,000 are dealt with by
the High Court.
The law does not require you to be represented by a lawyer unless you are a
body corporate (e.g. a Limited company or a private Limited company).
Procedure
Anyone who has a claim (known as the Plaintiff) may issue a Writ of Summons
or an Originating Summons and have it served the other party (known as the
Defendant). If the Defendant does not dispute the Plaintiff's claim, the
Defendant may wish to get in touch with either the Plaintiff or his lawyer and
settle the claim immediately. By doing so, both parties would incur less legal
costs.
If the Defendant disputes the claim, the Defendant should consult a lawyer as
soon as possible. The Defendant's lawyer will then file a document (Memorandum
of Appearance) in Court on the Defendant's behalf to dispute the claim. This has
to be done within 8 days of the receipt of the Writ of Summons or the
Originating Summons. Instead of appointing a lawyer, the Defendant may also wish
to file the Memorandum of Appearance by attending at the Registry of the
appropriate Court.
Do note that refusing to acknowledge service of a Writ of Summons when it is
served does not make the service of the Summons invalid. It also does not
prevent the Plaintiff from proceeding further.
The Plaintiff can obtain an Order of Court (Judgment) to compel the Defendant
to pay up the amount claimed if the Memorandum of Appearance is not filed in
time.
The Defendant must subsequently file his Defence to the claim in Court and
also serve of a copy of the Defence on the Plaintiff's address of service or the
Plaintiff's lawyers at their office address within 22 days from the date that he
was served with the Writ of Summons. If the Defendant has any counterclaim
against the Plaintiff, the Defendant can also make it in the same action brought
by the Plaintiff.
The Plaintiff may serve on the Defendant his reply (and defence to a
counterclaim, if any) within 14 days after the Defence (and counterclaim) has
been served on him.
Appeals
Parties may appeal against any decision given by a District Judge or
Magistrate to the High Court. From the High Court, parties may appeal to the
Court of Appeal unless the claims are barred from appeal under the law.
