FAQs for Proceedings before a Part 8 Assessor and Part 8 Determinations
1. Who are the Assessors?
- The Assessors are qualified lawers, public accountants, chartered accountants with at least 3 years’ working experience, or persons who have at least 3 years’ working experience in or relating to law, accountancy, finance, business management, building and construction or architecture.
2. Can an in-house counsel represent his company in proceedings before the Part 8 Assessor?
- Except with the permission of the Assessor, parties cannot be represented by an advocate and solicitor at proceedings before a Part 8 Assessor. This includes an in-house counsel who is admitted as an advocate and solicitor of the Supreme Court, but does not have a practising certificate.
3. I am a party to proceedings before a Assessor. What documents should I attach in my Application / Response?
- You may refer to this page for examples on the supporting documents that may be attached to your Application / Response.
4. What is the total file size of the documents that can be attached to the Application or Response?
- You can attach a maximum of 7 MB of documents. Please refer to this link for information on how you could reduce file size. Please zip the files if you have multiple attachments.
5. I filed an Application for relief under Part 8. Since then, the other party and I have reached a mutually acceptable solution. What do I do now?
If you have a pending Application, you should inform the Registrar of the settlement and that you wish to withdraw the Application. You may do so by submitting a request to the Registrar via the electronic system.
To submit the Withdrawal to the Registrar using the electronic system:
- Please use this link (CorpPass), if you are acting on behalf of a business entity.
Please use this link (SingPass), if you are acting in your own capacity.
To register for a SingPass or CorpPass, please visit https://www.singpass.gov.sg or https://www.corppass.gov.sg, respectively.
- If you are unable to use the electronic system, you may make your request to withdraw your Application to the Registrar via email. The email address to be used will be provided in the acknowledgement of receipt of the Application. You should cite the Application No. in your email requests.
6. The other party has submitted information and supporting documents in the course of proceedings before the Assessor. Can I disclose or publish that information or documents to a third party?
No. You cannot disclose to a third party, any statement or document that is submitted, created or made for the purposes of the Part 8 proceedings. This includes the Application, Response, Determination, and any other forms or any information (whether written or oral) that is disclosed in the course of the Part 8 proceedings.
- The only exceptions are as follows:
- If you have the consent of the other party to whom the information relates;
- If the information is in the public domain;
- If the disclosure is necessary for the purposes of, or in connection with, the proceeding, the enforcement of a Part 8 Assessor’s Determination, or any proceeding before a court or arbitral tribunal; or
- If the disclosure is required for any purpose under this Act.
- It is an offence to disclose confidential information in contravention of the above.
7. I have received my determination. Can I request for a further explanation or more details on the reason for the determination?
- Neither the Registry nor the Assessor is obligated to provide detailed grounds for the determination.
8. I have received my determination. However, there is a clerical error in the determination (e.g. the name of one of the parties is inaccurate, or the date of the contract is inaccurate). Can I ask for the error to be corrected?
- You may file a Request to Correct Error in Part 8 Assessor’s Determination.
- Please note that this does not operate as an appeal. The Part 8 Assessor’s determination is not appealable.
9. Will the application under Part 8 be free?
- Yes, an application for determination under Part 8 will be free, similar to the Part 2 applications for determinations.
10. How long will it take for a Part 8 assessor to issue a determination?
- This will depend on the complexity and facts of each case.
11. The Part 8 Determination for my case has been issued. There has been a material change in the circumstances since the determination. Can I ask for the Part 8 Determination to be revisited?
- Section 38A of the Act provides that the Part 8 Assessor or another Part 8 Assessor may vary or replace the determination if there has been a material change in the circumstances after it has been made, and if it is just and equitable for the variation or replacement to be made.
- If you wish to apply for a variation or replacement of the Part 8 Determination, please write to the Part 8 Registry at the email address that the Part 8 Registry has previously communicated with you, and provide supporting documents on the material change in circumstances after the determination was made.
- Do note that you cannot apply for a variation or replacement of the Part 8 Determination if a court judgment, arbitral award or a SOPA adjudication determination has been given or made relating to the subject of your Part 8 Determination.