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274 Singapore Academy of Law Journal (2003) made an application for the 3 rd proceedings: party to be joined as a party to the When should the court order: (a) the husband and/or wife to give notice of the proceedings to the 3 rd party (b) that the 3 rd party be joined as a party to the proceedings 4.10.1 Giving notice 146 If it is clear that the husband and/or wife are seeking orders against the 3rd party at the ancillary matters hearing, then the court should order that the 3rd party be given due notice of the ancillary matters proceedings, in order to allow the 3rd party the opportunity to apply to be joined as a party of his own accord. 147 If orders against the 3rd party are not being sought, the court then has to balance the following factors: Factors in favour of giving the 3 rd party due notice of the proceedings (a) the requirements of natural justice 148 The 3 rd party ought to be notified of any matter which would affect his interests, however indirectly, in such a manner that he will be able to understand all the issues raised by, and the cases of, the respective parties, and to have the opportunity to participate in the proceedings as a party if he so wishes. In this regard, the court should consider: (i) Whether the 3 rd party already appears to have knowledge of the proceedings 149 For example, if the 3 rd party has already filed witness affidavits in the proceedings, or written a letter to one of the parties indicating that he is not interested in taking part in the proceedings, this “natural justice” factor would have less weight. (ii) The nature of the 3 rd party issue
15 SAcLJ Matrimonial Assets and the 3 rd Party 275 150 If the 3 rd party issue concerns an asset of considerable value, for example, then it would be more important for the 3 rd party to be notified of the proceedings and/or joined as a party to the same. (b) (c) Avoiding the delay, inconvenience and expense of a separate trial on the 3 rd party issue, by having all matters finally dealt with in the same forum at the same time, thus saving the court’s as well as the parties’ resources Avoiding the danger of conflicting decisions which would be present if there was a separate trial on the 3 rd party issue 151 In respect of factors (b) and (c) above, the court should consider the likelihood of future litigation regarding the 3 rd party issue taking place in the ordinary civil court. The greater the likelihood, the stronger the reason for notifying the 3 rd party of the proceedings and joining him as a party to the same. In deciding the likelihood of future litigation, the value of any asset concerned and whether the husband, wife, and 3 rd party are high-profile/exceptionally litigious parties are relevant factors. Factor against giving the 3 rd proceedings party due notice of the (d) the floodgates to 3 rd parties argument (see Section 4.3.2 above)—i.e. an increase in time, expense and acrimony of involving 3 rd parties in the proceedings 152 The lesser the value of any asset concerned, the stronger this factor would be. Neutral factor (e) the 3 rd party will not be bound by any order made against him, nor prevented from litigating the issues in future if he is not duly notified of and/or not made a party to the proceedings (see Sections 4.4 and 4.6 above) Guiding principle in respect of giving notice 153 It is submitted that where the factors for and against giving notice to the 3 rd party are evenly balanced, the court should generally order that notice of the proceedings be given to the 3 rd party.
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View Article - Singapore Academy of Law

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