View Article - Singapore Academy of Law

280
Singapore Academy of Law Journal (2003)
5.3 Ancillary matters hearing
168 What procedure should be adopted at the hearing of the ancillary
matters proceedings involving 3 rd party issues, where the 3 rd party has
joined the proceedings as a party i.e.
a) An open court trial, with cross-examination as of right; or
b) A hearing in chambers, without cross-examination as of right
169 If the 3 rd party had taken out a separate civil suit in the ordinary
civil court, he would have had a right to an open court trial, with crossexamination
as of right. However, it is submitted that by joining the
ancillary matters proceedings, the 3 rd party is taken to have consented to
following the same hearing procedures as for all family cases, where, as
a matter of practice, the ancillary matters are adjourned to chambers for
hearing.
170 In this regard, it should be noted that family disputes do not
seem to be treated in the same way as civil cases, where crossexamination
is an automatic right. Applications under Section 59
(Questions between husband and wife as to property to be decided in
summary way) of the Women’s Charter (Cap. 353), and the
Guardianship of Infants Act, are by way of originating summons. The
matters are heard in chambers, and the evidence is usually given by way
of affidavits of evidence-in-chief and affidavits in reply. It seems to be a
matter of policy that family disputes should be heard in chambers where
all the evidence is usually tendered by way of affidavit, rather than in
open court trials where witnesses take the stand. This may be to protect
the privacy of the parties, as well as to save them time and costs.
171 As the 3 rd parties to the proceedings are often closely connected
to the husband and/or wife socially and emotionally, and/or related to
either or both of them, it is submitted that the same policy regarding the
protection of the parties’ privacy and the saving of time and costs should
be extended to those ancillary matters hearings involving 3 rd party issues,
where the 3 rd party has joined the proceedings as a party, i.e. such
hearings should be done in chambers, without cross-examination as of
right.