Legislation Overview
- Title: Legal Profession (Proceedings before Court of 3 Supreme Court Judges) Rules 2022
- Type: subsidiary legislation (sl)
- Commencement: 1 April 2022 (Section 1)
- Sections count: 8 sections, plus the Schedule
Summary
These Rules set out the procedure for proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966. They regulate how certain applications are to be filed and served, the timing for replies and submissions, page limits for written submissions, and the court fees that apply. The Rules apply to proceedings under the Act before the Court that are commenced on or after 1 April 2022, including fees and matters incidental to procedure and practice (Section 3). The Rules therefore affect applicants, respondents, the Society, and other parties with an interest in applications brought under the specified provisions of the Act (Sections 2, 3, 4, 5, 6 and 7).
What Activities Does This Legislation Regulate?
The Rules regulate procedural steps in proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966. In particular, they govern applications under sections 36U, 82A, 82B and 98 of the Act (Section 4), applications under section 49 of the Act (Section 5), applications under section 102 of the Act (Section 6), and other applications to the Court where no other procedure is provided in the Rules (Section 7). They also regulate the filing and service of originating applications, summonses, affidavits, written submissions, bundles of authorities, and records of proceedings, as well as page limits and costs-related submissions (Sections 2, 4, 5, 6 and 7).
What Licences or Permits Are Required?
These Rules do not create a licensing or permitting regime. Instead, they prescribe procedural requirements for making applications to the Court. For example, a party intending to make an application under section 36U(1) must file and serve the originating application and supporting affidavits on all interested parties (Section 4(1)); a party intending to make an application under section 49(4) must file and serve the originating application, an affidavit in support, and the affidavits mentioned in section 49(7)(c) (Section 5(1)); and a party intending to make an application under section 102(2) must file and serve the originating application and supporting affidavit on the Society in accordance with section 102(3) (Section 6(1)). The Rules therefore require compliance with filing and service procedures, not licences or permits.
What Are the Filing and Service Requirements?
The Rules contain detailed filing and service timelines. For applications under sections 36U, 82A, 82B and 98, the applicant must file and serve the relevant originating application or summons and supporting affidavits, and the respondent may file reply affidavits within 21 days after service (Section 4(1) to (4)). The applicant must then file and serve the record of proceedings, written submissions, and bundle of authorities within 8 weeks after the Registry informs the parties that the matter has been fixed for hearing, and the respondent must file and serve its written submissions and bundle of authorities within 28 days after the applicant serves those documents (Section 4(6) and (7)).
For applications under section 49, the respondent’s reply affidavit must be filed and served within 14 days after service of the application papers, and written submissions and bundles of authorities are to be filed and served within 14 days after the date on which the respondent’s affidavit in reply is to be filed and served, unless the Court otherwise directs (Section 5(2) and (4)). For applications under section 102, the Society must file and serve its report within 28 days after the applicant serves the application papers, and written submissions and bundles of authorities are to be filed and served within 14 days after the date on which the Society’s report is to be filed and served, unless the Court otherwise orders (Section 6(2) and (4)). For other applications to the Court, the respondent’s reply affidavit is due within 14 days after service, and written submissions and bundles of authorities are due within 14 days after the reply affidavit is to be filed and served, unless the Court otherwise directs (Section 7(3) and (5)).
What Are the Penalties for Non-Compliance?
The Rules do not prescribe criminal penalties, fines, or imprisonment for non-compliance. However, they do impose procedural consequences and restrictions. For example, no further affidavits may be filed without the permission of the Court in applications under sections 36U, 49, 102, and other applications to the Court (Sections 4(5), 5(3), 6(3) and 7(4)). The Court may also control whether page limits may be exceeded, and may waive, refund, defer or apportion the associated fees upon application (Sections 4(9) and (10), 5(6) and (7), 6(6) and (7), and 7(7) and (8)). In addition, the Rules state that there must not be more than one set of submissions for each party or set of parties represented by the same firm of solicitors, unless the Court otherwise orders (Sections 4(11), 5(8), 6(8) and 7(9)). These are procedural controls rather than penal sanctions.
What Exemptions Are Available?
The Rules provide several forms of court-controlled flexibility. The Court may allow the page limit for written submissions to be exceeded in special circumstances for applications under sections 36U, 49, 102, and other applications to the Court (Sections 4(9), 5(6), 6(6) and 7(7)). The Court may also waive, refund, defer or apportion the payment of the fees for pages in excess of the page limit upon application (Sections 4(10), 5(7), 6(7) and 7(8)). In addition, the Court may otherwise order different filing arrangements, including allowing further affidavits, directing different timelines, permitting oral arguments in interlocutory applications, or varying the one-set-of-submissions rule (Sections 4(5), 5(3), 6(3), 7(2), 7(4), 7(5), 7(9)).
Who Is the Regulatory Authority?
The Rules are made by the Rules Committee in exercise of powers conferred by sections 36Y, 82A(14) and 98(10) of the Legal Profession Act 1966 and all other powers enabling it under any written law. The text identifies the Chief Justice, the Attorney-General, judges of the Court of Appeal, judges of the Appellate Division, a Judge, a Presiding Judge of the State Courts, a District Judge and Registrar of the State Courts, and two Senior Counsel as the persons who made the Rules (preamble and end matter). In the operation of the Rules, the Court of 3 Supreme Court Judges is the decision-making body that may order otherwise, grant permissions, and control procedure (Sections 2, 4, 5, 6 and 7).
How Do the Court Fees Work?
The Rules provide that, subject to the Rules, the provisions in Order 25 of, and the Fourth Schedule to, the Rules of Court 2021 that are applicable to proceedings before the General Division of the High Court apply to proceedings before the Court (Section 8). In addition, where written submissions exceed the page limit, the fees specified in the Schedule apply to the filing of pages in excess of the limit, unless the Court orders otherwise or grants relief in relation to those fees (Sections 4(9) and (10), 5(6) and (7), 6(6) and (7), and 7(7) and (8)). The Schedule is titled “Fees” and forms part of the Rules.
What Must Written Submissions Include?
The Rules require written submissions to include specific costs-related material. For applications under sections 36U, 49, 102, and other applications to the Court, the concluding paragraphs of the written submissions must include submissions on the appropriate costs orders to be made and on the amount of costs and disbursements that should be awarded in respect of all parties to the application (Sections 4(12), 5(9), 6(9) and 7(10)). The Rules also impose page limits: 55 pages for applications under section 36U and 35 pages for applications under sections 49, 102, and other applications to the Court, unless the Court orders otherwise (Sections 4(8), 5(5), 6(5) and 7(6)).
Why Is This Legislation Important?
These Rules are important because they standardise and streamline proceedings before the Court of 3 Supreme Court Judges under the Legal Profession Act 1966. By setting out who must file what documents, when they must be filed, how many pages are allowed, and when fees apply, the Rules promote procedural clarity and fairness in applications that may involve disciplinary or professional-regulatory matters under the Act (Sections 3, 4, 5, 6 and 7). They also ensure that the Court retains control over departures from the ordinary procedure, including additional affidavits, oral argument in interlocutory applications, and page-limit exceptions (Sections 4(5), 5(3), 6(3) and 7(2), (4), (7) and (8)).
Related Legislation
The Rules are made under the Legal Profession Act 1966 and repeatedly refer to applications under sections 36U, 49, 82A, 82B, 98 and 102 of that Act (preamble; Sections 4, 5 and 6). Section 8 also incorporates, subject to these Rules, provisions in Order 25 of, and the Fourth Schedule to, the Rules of Court 2021 (G.N. No. S 914/2021) as applicable to proceedings before the General Division of the High Court. Those instruments are the principal related legal framework expressly referenced in the text.
Source Documents
This article analyses for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.