Urgent applications during office hours
There may be occasions when applications for interim injunctions or interim preservation of subject matter of proceedings, evidence and assets to satisfy judgments need to be heard on an urgent basis. To request the urgent hearing of such applications, the applicant may attend before the Registrar on duty during the SICC’s operating hours regarding the fixing of a suitable hearing date or for directions. Alternatively, the applicant may contact the SICC Registry to arrange for a teleconference or video conference with the Registrar on duty.
Before the applicant attends before the Registrar on duty to request an urgent hearing before a Judge of any application, the applicant should complete (as far as possible) and file the Form of Request for Urgent Hearing before Judge (“Urgent Hearing Form”). A copy of the Urgent Hearing Form should be served on each respondent to the application at the time of filing, unless the application is an application without notice and service of the Urgent Hearing Form would or might defeat the purpose of the application.
The applicant should prepare skeletal submissions for the urgent hearing before the Judge, and file the skeletal submissions at the same time as the Urgent Hearing Form. A copy of the skeletal submissions should be served on each respondent to the application at the time of filing, unless the application is an application without notice and service of the skeletal submissions would or might defeat the purpose of the application. If the skeletal submissions are not filed, the applicant should inform the Registrar on duty whether the skeletal submissions will be filed and served by the time of the urgent hearing before the Judge.
If, due to urgency, the applicant is unable to file or serve the Urgent Hearing Form and/or the skeletal submissions before attending before the Registrar on duty, the applicant should provide a copy each of the Urgent Hearing Form and the skeletal submissions to each respondent to the application when the parties attend before the Registrar. Each such copy of the Urgent Hearing Form or the skeletal submissions must be a hard copy, if the parties attend before the Registrar on duty physically, or in soft copy, if the parties attend before the Registrar on duty by live video or live television link. Thereafter, the Urgent Hearing Form and the skeletal submissions should be filed as soon as possible and, in any event, no later than the next working day after the attendance before the Registrar on duty, unless the SICC directs otherwise. If any respondent does not attend before the Registrar on duty, the Urgent Hearing Form and the skeletal submissions should be served on that respondent as soon as possible after the hearing before the Registrar, and, in any event, before the urgent hearing before the Judge, unless the SICC directs otherwise.
In cases of extreme urgency where the applicant is unable to comply with the requirement to file or provide a copy of the skeletal submissions by the time of the urgent hearing before the Judge, the applicant should inform the Registrar on duty of the applicant’s intention to seek a dispensation of that requirement at the hearing before the Judge, and provide supporting reasons for the dispensation.
The applicant’s skeletal submissions should contain the following:
Urgent applications after office hours, on weekends and public holidays
When an urgent application for interim injunctions or interim preservation of subject matter of proceedings, evidence and assets to satisfy judgments arises on a weekend or on a public holiday, the applicant should contact the Registrar on duty at (+65) 6332 4351 or (+65) 6332 4352. The Registrar will only arrange for the hearing of applications which the Registrar considers are so urgent that they cannot be heard the next working day.
Before contacting the Registrar on duty, all the necessary papers required for the application must be prepared together with the appropriate draft orders of Court and forwarded by way of an email to this address Supcourt_SICCRegistry@supcourt.gov.sg.
Hearings of urgent applications (interlocutory or otherwise) may be conducted through teleconference or video conference if directed by the Judge hearing the application. Each party shall make its own arrangements to procure the necessary telecommunications facilities or services in order to participate in the teleconference or video conference. Each party shall be responsible for ensuring that it joins the teleconference or video conference at the designated date and time. Costs reasonably incurred in participating in such teleconference or video conference may, subject to the discretion of the SICC as to costs, be claimable as disbursements in the cause or matter.
Urgent hearing
Subject to the directions of the SICC, counsel may appear before the Judge for an urgent hearing with paper documents or using electronic documents which are electronically transmitted to the Judge (e.g. electronic mail or online file sharing) even before the filing of the relevant documents using the Electronic Filing Service or the alternative means set out under Order 27 rule 12(4) of the Singapore International Commercial Court Rules 2021.
Counsel so appearing must give an undertaking to file all the documents used at the hearing using the Electronic Filing Service or the alternative means set out in Order 27 rule 12(4) of the Singapore International Commercial Court Rules 2021 by the next working day after the hearing.
Please refer to Annex D of the
SICC Procedural Guide for more information on urgent applications.