The Administration of Justice (Protection) (Amendment) Act 2024 (“Amendment Act“) has come into effect from 28 January 2025. The Amendment Act had its first reading in Parliament on 14 October 2024 and was passed in Parliament on 13 November 2024.
The Amendment Act effects amendments to the Administration of Justice (Protection) Act, which consolidates the law of contempt of court and defines the powers to punish contempt of court. The amendments make clear to the public and potential court users that egregious cases of abuse of process will amount to contempt of court. This includes the following categories of conduct:
- Sham proceedings or ulterior purposes. Conducting or commencing a court proceeding, which the person knows or ought to have known: (i) involves a deception on the court, or is fictitious, or constitutes a mere sham; or (ii) is manifestly groundless or without foundation, and involves the process of the court being employed for some ulterior or improper purpose;
- Multiple or successive proceedings. Conducting or commencing multiple or successive court proceedings, which the person knows or ought to have known are manifestly groundless or without foundation; and
- Causing or abetment. Causing or abetting the above categories of conduct.
The Ministry of Law (“MinLaw“) has stated that these amendments seek to balance between the need to protect the right of litigants to ventilate genuine disputes, and the public interest in preventing the egregious misuse of the court process. MinLaw has also provided the following clarifications regarding the amendments:
- The amendments are clarificatory and do not lower the existing threshold for contempt of court.
- The amendments will not cover the typical case of a civil matter that is struck out solely because it has no merit. Such cases will continue to be dealt with by striking out and costs orders.
Click on the following links for more information (available on the MinLaw website at www.mlaw.gov.sg):
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