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Contents

Long Title

Enacting Formula

Part I AMENDMENTS RELATING TO certain Court PROCEEDINGS

Part II AMENDMENTS TO OTHER WRITTEN LAWS

FIRST SCHEDULE Amendments to Change Process for Making Applications to Court under Certain Written Laws

SECOND SCHEDULE New Fourth Schedule to Parliamentary Elections Act

THIRD SCHEDULE New Part X of Women’s Charter

FOURTH SCHEDULE Amendments to Certain Written Laws to Rename Prerogative Orders and Writs Referred to Therein

FIFTH SCHEDULE Amendments to Change Certain Expressions Used in Relation to Court Proceedings

 
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FIRST SCHEDULE
Amendments to Change Process for Making Applications to Court under Certain Written Laws
First column
 
Second column
(1) Administration of Muslim Law Act
(Chapter 3, 1999 Ed.)
 
In section 113 —
 
 
(a) delete the word “petition” and substitute the words “affidavit supporting the application”; and
 
 
(b) delete the word “Petition” in the section heading and substitute the word “Application”.
 
 
 
(2) Banking Act
(Chapter 19, 2003 Ed.)
 
In section 50(c), delete the words “present a petition” and substitute the word “apply”.
 
 
 
(3) Bankruptcy Act
(Chapter 20, 2000 Ed.)
 
(a) In section 2(1) —
 
 
(i) insert, immediately after the definition of “bankrupt”, the following definition:
“ “bankruptcy application” means an application to the court for a bankruptcy order;”;
 
 
(ii) delete the definition of “bankruptcy petition”;
 
 
(iii) insert, immediately after the definition of “creditor”, the following definition:
“ “creditor’s bankruptcy application” means a bankruptcy application made under section 57 by a creditor or by 2 or more creditors jointly;”;
 
 
(iv) delete the definition of “creditor’s petition”;
 
 
(v) delete paragraph (b) of the definition of “debtor” and substitute the following paragraph:
(b)
in relation to a bankruptcy application, means the individual debtor to whom, or a firm, or each of the partners in the firm, to which, the application relates;”; and
 
 
(vi) delete the definition of “debtor’s petition” and substitute the following definition:
“ “debtor’s bankruptcy application” means a bankruptcy application made under section 58 by a debtor against himself or by all or a majority of the members of a firm against the firm;”.
 
 
(b) In section 33, delete subsection (1) and substitute the following subsection:
(1)  The court may —
(a)
on making a bankruptcy order; and
(b)
on the application of the creditor who applied for the bankruptcy order,
appoint a person other than the Official Assignee to be the trustee of the bankrupt’s estate.”.
 
 
(c) In Part VI, delete the word “petitions” in the sub-heading and substitute the word “applications”.
 
 
(d) In section 57(3), delete the words “verified by affidavit” and substitute the words “supported by an affidavit”.
 
 
(e) In section 58, delete subsection (2) and substitute the following subsection:
(2)  A debtor’s bankruptcy application shall be in the prescribed form and shall be supported by an affidavit to which is exhibited —
(a)
where the debtor is an individual, a statement of his affairs containing such particulars of his assets, creditors, debts and other liabilities as may be prescribed;
(b)
where the debtor is a firm, a statement of —
(i)
the firm’s affairs containing such particulars of its assets, creditors, debts and other liabilities as may be prescribed; and
(ii)
the affairs of each of the partners in the firm by whom the application is made containing such particulars of his assets, creditors, debts and other liabilities as may be prescribed; and
(c)
a statement containing such other information as may be prescribed.”.
 
 
(f) In section 59, delete the words “a bankruptcy petition presented to it” and substitute the words “a bankruptcy application made”.
 
 
(g) In section 61(1), delete the footnote thereto.
 
 
(h) In section 63 —
 
 
(i) delete the words “the petitioner” in subsection (1) and substitute the words “the applicant for a bankruptcy order”;
 
 
(ii) delete the words “his petition” in subsection (1) and substitute the words “his application”;
 
 
(iii) delete the word “petitioning” in subsection (1)(b);
 
 
(iv) delete the words “a petitioner” in subsection (2) and substitute the words “an applicant for a bankruptcy order”;
 
 
(v) delete the words “the petition” in subsection (2) and substitute the words “the application”; and
 
 
(vi) delete the word “petitioner” in the section heading and substitute the words “applicant for bankruptcy order”.
 
 
(i) In section 68 (including section heading), delete the word “petitions” and substitute in each case the word “applications”.
 
 
(j) In section 70 —
 
 
(i) delete the words “Where any petitioner” and substitute the words “Where any applicant for a bankruptcy order”;
 
 
(ii) delete the words “his petition” and substitute the words “his application”;
 
 
(iii) delete the words “as petitioner” and substitute the words “as applicant”; and
 
 
(iv) delete the words “creditor’s petition” in paragraph (a) and substitute the words “creditor’s bankruptcy application”.
 
 
(k) In section 90(1)(a), delete the word “petitioner” and substitute the words “applicant for the bankruptcy order”.
 
 
(l) In section 148(4), delete the words “petitioner’s debt” and substitute the words “applicant’s debt”.
 
 
(m) In section 148(6), delete the words “A petition” and substitute the words “An application”.
 
 
(n) In section 154, delete paragraph (a) and substitute the following paragraph:
(a)
application or copy of an application in bankruptcy;”.
 
 
(o) In the following sections, delete the word “petition” wherever it appears and substitute in each case the word “application”:
 
 
Sections 9(1), 45(3)(a)(i) and (b) (i), 53(3), 56, 57(2), 58(1)(b), 60(1) and (2), 61(1) and the section heading, 64(1), (2) and the section heading, 65(1)(a) and (b), (2), (4), (5) and (6), 66 and the section heading, 67(2) (penultimate and last lines), 69 (penultimate and last lines) and the section heading, 71, 72 and the section heading, 73(1) and (5), 74(1), 77(1) and (3), 81(2)(b) (last line), 87(2), 88(2)(b), 92(2), 97(2), (3) (2nd and penultimate lines) and (4), 100(1)(a), 104(2), 106(4), 110(11), 122(1), 132(b) and (c), 135 (c) and (e) (i), 136 (f), 137 (d), 139 (b), 140(1) and (2), 142(1), 143(1)(a), 144(a) and (b), 147(2), 148(1), (2) (3rd line), (3) (1st line), (4) and (6) (last line), 152(3) and 164(3)(c)(iv).
 
 
(p) In the following sections, delete the word “presented” wherever it appears and substitute in each case the word “made”:
 
 
Sections 9(1), 45(3)(a)(i) and (b) (i), 57(1), 58(1), 60(1) and (2), 61(1), 65(1)(a) and (4), 66, 67(2), 68, 71, 73(5)(a), 77(3)(a), 97(2), 106(4)(a), 110(11), 148(6), 152(3) and 164(3)(c)(iv).
 
 
(q) In the following sections, delete the word “present” wherever it appears and substitute in each case the word “make”:
 
 
Sections 56, 57(1)(b)(i) and (2) and the section heading, 58 (section heading) and 148(1) and (2).
 
 
(r) In the following sections, delete the words “creditor’s petition” wherever they appear and substitute in each case the words “creditor’s bankruptcy application”:
 
 
Sections 57(1), (3) and (4) and the section heading, 62, 65(1) (1st line) and the section heading, 81(2)(a) and 148(3) (2nd line).
 
 
(s) In the following sections, delete the words “debtor’s petition” wherever they appear and substitute in each case the words “debtor’s bankruptcy application”:
 
 
Sections 58(1) (1st line) and the section heading, 67(1), (2) (1st line) and the section heading and 81(1) and (2)(b) (1st line).
 
 
(t) In the following sections, delete the word “presentation” wherever it appears and substitute in each case the word “making”:
 
 
Sections 58(1)(b), 60(1)(c) and (2)(a)(iii) and (b), 73(1), 74(1), 77(1), 87(2), 97(2), 100(1)(a), 104(2), 132(b) and (c), 135 (c) and (e) (i), 136 (f), 137 (d), 139 (b), 140(1) and (2), 142(1), 143(1)(a), 144(a) and (b) and 148(12).
 
 
(u) In the following sections, delete the word “petitioning” wherever it appears and substitute in each case the word “applicant”:
 
 
Sections 61(1)(b) and (d), 62 (a) (i) and (b) and 65(2)(a) and (d).
 
 
(v) In the following sections, delete the word “petitioner” wherever it appears and substitute in each case the word “applicant”:
 
 
Sections 65(5), 148(3) and 164(3)(c)(iv).
 
 
(w) In the following sections, delete the word “presenting” wherever it appears and substitute in each case the word “making”:
 
 
Sections 64(2) and 65(5)(b).
 
 
(x) In the following sections, delete the words “a petition” and substitute in each case the words “an application”:
 
 
Sections 69 (1st line), 97(3) (3rd line) and 148(2) (penultimate line), (3) (3rd line) and (12).
 
 
 
(4) Bills of Sale Act
(Chapter 24, 1985 Ed.)
 
In section 4(1)(b), delete the word “petition” in the 18th line and substitute the word “application”.
 
 
 
(5) Business Trusts Act
(Chapter 31A, 2005 Ed.)
 
In section 46 —
 
 
(a) delete the word “petition” in subsections (1) and (3) and substitute in each case the word “application”; and
 
 
(b) delete the word “petitioner” in subsection (4) and substitute the word “applicant”.
 
 
 
(6) Charities Act
(Chapter 37, 1995 Ed.)
 
In section 32(1) —
 
 
(a) delete the words “a petition” and substitute the words “an application”; and
 
 
(b) delete the word “presented” and substitute the word “made”.
 
 
 
(7) Chit Funds Act
(Chapter 39, 1985 Ed.)
 
In section 53(1)(a), delete the word “petition” and substitute the word “application”.
 
 
 
(8) Civil Law Act
(Chapter 43, 1999 Ed.)
 
In section 3 —
 
 
(a) delete the words “or petitioner” wherever they appear in paragraphs (a), (b) and (c);
 
 
(b) delete the words “. By motion” in the sub-heading to paragraph (f); and
 
 
(c) delete the word “motion” in paragraph (f) and substitute the word “summons”.
 
 
 
(9) Companies Act
(Chapter 50, 1994 Ed.)
 
(a) In section 25(2)(c), delete the word “petition” and substitute the word “application”.
 
 
(b) In section 130L —
 
 
(i) delete the words “presentation of the petition” in paragraph (b) and substitute the words “the making of an application”; and
 
 
(ii) delete the words “a petition had been presented” in the 16th line and substitute the words “an application had been made”.
 
 
(c) In section 149(5)(a)(i), delete the words “the presentation of the winding up petition” and substitute the words “the filing of the winding up application”.
 
 
(d) In section 216(3), delete the words “a petition duly presented” and substitute the words “an application duly made”.
 
 
(e) In section 227B —
 
 
(i) delete the words “, by way of petition,” in the 6th line of subsection (1) and substitute the words “(referred to in this section as an application for a judicial management order)”;
 
 
(ii) delete the words “When a petition is presented to the Court, notice of the petition” in subsection (4) and substitute the words “When an application for a judicial management order is made to the Court, notice of the application”;
 
 
(iii) delete the word “petitioner” in subsection (4)(b)(i) and substitute the word “applicant”;
 
 
(iv) delete the word “petition” in the last line of subsection (4)(b)(ii) and substitute the word “application”;
 
 
(v) delete the words “a petition” in subsection (5) and substitute the words “an application for a judicial management order”;
 
 
(vi) delete subsection (6) and substitute the following subsection:
(6)  On hearing the application for a judicial management order, the Court may dismiss the application or adjourn the hearing conditionally or unconditionally or make an interim order or any other order that it thinks fit.”;
 
 
(vii) delete subsection (9) and substitute the following subsection:
(9)  The costs and expenses of any unsuccessful application for a judicial management order made under this section shall, unless the Court otherwise orders, be borne by the applicant and, if the Court considers that the application is frivolous or vexatious, it may make such orders, as it thinks just and equitable, to redress any injustice that may have resulted.”; and
 
 
(viii) delete paragraph (b) of subsection (10) and substitute the following paragraph:
(b)  from appointing, after the making of an application for a judicial management order and on the application of the person applying for the judicial management order, an interim judicial manager, pending the making of a judicial management order, and such interim judicial manager may, if the Court sees fit, be the person nominated in the application for a judicial management order. The interim judicial manager so appointed may exercise such functions, powers and duties as the Court may specify in the order.”.
 
 
(f) In section 227C —
 
 
(i) delete the words “presentation of a petition” and substitute the words “making of an application”; and
 
 
(ii) delete the word “petition” and substitute the word “application”.
 
 
(g) In section 227D(1)(b), delete the word “petition” and substitute the word “application”.
 
 
(h) In section 227R —
 
 
(i) delete the words “by petition” in subsection (1);
 
 
(ii) delete the words “a petition” in subsection (2) and substitute the words “an application”; and
 
 
(iii) delete the word “petitioner” wherever it appears in subsection (3)(b) and substitute in each case the word “applicant”.
 
 
(i) In section 227S(2), delete the word “petition” and substitute the words “apply to”.
 
 
(j) In section 227T(2) —
 
 
(i) delete the words “petition in bankruptcy” and substitute the words “application for a bankruptcy order”; and
 
 
(ii) delete the words “a petition” and substitute the words “an application”.
 
 
(k) In section 241 —
 
 
(i) delete the words “on petition of the Minister” in the 7th line of subsection (1) and substitute the words “by the Minister”;
 
 
(ii) delete the words “a winding up petition had been duly presented” in subsection (1)(c) and substitute the words “a winding up application had been duly made”;
 
 
(iii) delete the words “a petition” in subsection (1)(d) and substitute the words “an application”;
 
 
(iv) delete the word “presented” in subsection (1)(d) and substitute the word “made”; and
 
 
(v) delete the word “petition” in subsection (2) and substitute the word “application”.
 
 
(l) In section 253 —
 
 
(i) delete the word “petition” in subsection (1) and substitute the word “application”;
 
 
(ii) delete the words “present a petition” in subsection (2)(a) and substitute the words “make a winding up application”;
 
 
(iii) delete the words “presentation of the petition” in subsection (2)(a)(ii) and substitute the words “making of the winding up application”; and
 
 
(iv) delete paragraphs (b) and (c) of subsection (2) and substitute the following paragraphs:
(b)  a winding up application shall not, if the ground of the application is default in lodging the statutory report or in holding the statutory meeting, be made by any person except a contributory or the Minister nor before the expiration of 14 days after the last day on which the meeting ought to have been held;
(c)  the Court shall not hear the winding up application if made by a contingent or prospective creditor until such security for costs has been given as the Court thinks reasonable and a prima facie case for winding up has been established to the satisfaction of the Court; and”.
 
 
(m) In section 254(4) —
 
 
(i) delete the words “presentation of a petition” and substitute the words “making of an application”; and
 
 
(ii) delete the words “the petition” and substitute the words “the winding up application”.
 
 
(n) In section 255 —
 
 
(i) delete the words “presentation of the petition” in subsection (1) and substitute the words “making of a winding up application”; and
 
 
(ii) delete the words “presentation of the petition” in subsection (2) and substitute the words “making of the application”.
 
 
(o) In section 256 —
 
 
(i) delete the word “petition” in subsections (1) and (4) (including the marginal note thereto) and substitute in each case the word “application”; and
 
 
(ii) delete the word “petitioner” wherever it appears in subsections (2), (3) and (4) and substitute in each case the word “applicant”.
 
 
(p) In section 257 —
 
 
(i) delete the word “petition” in the 1st line of subsection (1) and substitute the word “application”;
 
 
(ii) delete the words “a petition” in the 8th line of subsection (1) and substitute the words “an application”;
 
 
(iii) delete the word “petition” wherever it appears in subsections (2) and (3) and substitute in each case the words “winding up application”;
 
 
(iv) delete the word “petitioner” in subsection (2) and substitute the words “person making the winding up application”;
 
 
(v) delete the word “presented” in subsection (3) and substitute the word “made”; and
 
 
(vi) delete the word “petition” in the marginal note and substitute the words “winding up application”.
 
 
(q) In section 258, delete the words “presentation of a winding up petition” and substitute the words “making of a winding up application”.
 
 
(r) In section 261 —
 
 
(i) delete the word “petition” and substitute the word “application”; and
 
 
(ii) delete the word “Petition” in the marginal note and substitute the words “Winding up application”.
 
 
(s) In section 262 —
 
 
(i) delete the word “petitioner” in subsections (1), (2) and (5) and substitute in each case the words “applicant for the winding up order”; and
 
 
(ii) delete the word “petition” in subsection (4) and substitute the word “application”.
 
 
(t) In section 267, delete the words “presentation of a winding up petition” and substitute the words “making of a winding up application”.
 
 
(u) In section 312, delete the words “a petition has been presented” and substitute the words “an application has been made”.
 
 
(v) In section 328(1)(a), delete the words “a petitioner” and substitute the words “the applicant for the winding up order”.
 
 
(w) In section 329(2) —
 
 
(i) delete the words “presentation of the bankruptcy petition” and substitute the words “making of the application for a bankruptcy order”; and
 
 
(ii) delete the words “presentation of the petition” in paragraph (a) (i) and (ii) and substitute in each case the words “making of the winding up application”.
 
 
(x) In section 335(2) —
 
 
(i) delete the words “a petition” in the 7th line and substitute the words “an application”; and
 
 
(ii) delete the word “presented” in the 8th line and substitute the word “made”.
 
 
(y) In section 353(1), delete the words “presentation of a petition” and substitute the words “making of an application”.
 
 
(z) In the Second Schedule, delete the word “petition” wherever it appears in items 56 and 118 and substitute in each case the word “application”.
 
 
(za) In the Eleventh Schedule, delete sub-paragraph (u) and substitute the following sub-paragraph:
(u)  power to make or defend an application for the winding up of a company;”.
 
 
 
(10) Conveyancing and Law of Property Act
(Chapter 61, 1994 Ed.)
 
(a) In section 4(1), delete the words “by summons” and substitute the words “by originating summons”.
 
 
(b) In section 74(2), delete the words “in chambers”.
 
 
 
(11) Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act
(Chapter 65A, 2000 Ed.)
 
In section 24(5), delete the words “the presentation of the petition” in paragraph (b) of the definition of “the relevant time” and substitute the words “the making of the application”.
 
 
 
(12) Finance Companies Act (Chapter 108, 2000 Ed.)
 
(a) In section 36(c), delete the words “present a petition” and substitute the word “apply”.
 
 
(b) In section 54(1)(a), delete the word “petition” and substitute the word “application”.
 
 
 
(13) Financial Advisers Act
(Chapter 110, 2002 Ed.)
 
In section 66 —
 
 
(a) delete the word “petition” in subsection (1) and substitute the word “apply”; and
 
 
(b) delete the words “present a petition” in subsection (2) and substitute the word “apply”.
 
 
 
(14) Housing and Development Act
(Chapter 129, 2004 Ed.)
 
In section 58(2), delete the words “by summons” and substitute the words “by originating summons”.
 
 
 
 
(a) In section 18(2)(d), delete the words “present a petition” and substitute the word “apply”.
 
 
(b) In section 20(c), delete the words “present a petition” and substitute the word “apply”.
 
 
 
(16) Insurance Act
(Chapter 142, 2002 Ed.)
 
(a) In section 42 —
 
 
(i) delete the word “petition” in subsection (1) and substitute the word “apply”; and
 
 
(ii) delete the words “present a petition” in subsection (2) and substitute the word “apply”.
 
 
(b) In section 43 —
 
 
(i) delete the words “a petition” in subsection (2) and substitute the words “an application”; and
 
 
(ii) delete the word “petition” in subsection (7) and substitute the word “apply”.
 
 
(c) In section 46(13) —
 
 
(i) delete the words “a petition presented” in paragraph (b) (ii) and substitute the words “an application made”;
 
 
(ii) delete the words “a petition” in paragraph (d) (ii) and substitute the words “an application”; and
 
 
(iii) delete the words “the petition is presented or the application” in the penultimate line of paragraph (d) and substitute the words “the application referred to in sub-paragraph (ii) or (iii)”.
 
 
 
(17) Jurong Town Corporation Act
(Chapter 150, 1998 Ed.)
 
In section 48(2), delete the words “by summons” and substitute the words “by originating summons”.
 
 
 
(18) Land Acquisition Act
(Chapter 152, 1985 Ed.)
 
In section 40(2), delete the words “by summons supported by affidavit” in the 6th and 7th lines.
 
 
 
(19) Legal Aid and Advice Act (Chapter 160, 1996 Ed.)
 
In Part II of the First Schedule, delete item 3 and substitute the following item:
 
 
 
(20) Legal Profession Act
(Chapter 161, 2001 Ed.)
 
(a) In section 2(1), delete the definition of “Malayan practitioner” and substitute the following definition:
“ “Malayan practitioner” means any person entitled to practise before a High Court in any part of West Malaysia;”.
 
 
(b) In section 13(3), delete the word “petition” and substitute the words “application for admission”.
 
 
(c) Repeal section 15 and substitute the following section:
Admission of Malayan practitioners
15.
—(1)  A Malayan practitioner who is a qualified person but who does not qualify under subsection (2) may be admitted as an advocate and solicitor without being required to serve any period of pupillage or to attend any course of instruction if he passes such examinations as may be prescribed by the Board.
(2)  A Malayan practitioner who is a qualified person and who has been in active practice in any part of West Malaysia for a continuous period of not less than 3 years in the 4 years immediately preceding his application for admission may be admitted as an advocate and solicitor without being required to serve any period of pupillage or to attend any course of instruction or to pass any examination.”.
 
 
(d) Repeal sections 17 to 20 and substitute the following sections:
Applications for admission under sections 11 (1) and 15 (1)
17.
—(1)  This section shall apply to every person who proposes to apply to be admitted as an advocate and solicitor by virtue of section 11(1)(a) or 15(1).
(2)  An application for admission by such person shall be made to the court by an originating summons supported by an affidavit referred to in subsection (4).
(3)  The applicant shall file his application in the Registrar’s office accompanied by a notice intimating that he has so applied, which notice shall be posted and continue to be posted at the Supreme Court for 6 months before the applicant is admitted as an advocate and solicitor.
(4)  Every applicant shall, not less than 12 days before his application is to be heard, file an affidavit exhibiting the following documents:
(a)
in the case of a person applying for admission by virtue of section 11(1)(a), a certificate signed by the Secretary of the Board certifying that the applicant has satisfied the relevant requirements under this Act to be a qualified person;
(b)
in the case of a person applying for admission by virtue of section 15(1), true copies of any documentary evidence showing that he is a Malayan practitioner;
(c)
2 recent certificates as to his good character;
(d)
a certificate of diligence from each master with whom the applicant served his pupillage in cases where the applicant is required to serve a period of pupillage or in the absence thereof such other evidence as the court may require that he has served the pupillage with diligence; and
(e)
a certificate signed by the Secretary of the Board that the applicant has —
(i)
satisfactorily served the period of pupillage or articles (or has been exempted therefrom under section 14(5));
(ii)
attended the courses of instruction and kept the dining terms (or has been exempted therefrom under section 12(2)); and
(iii)
passed any examination that may be required in his case under the provisions of this Act.
(5)  The affidavit and certificates referred to in this section shall be in the form prescribed by the Board.
Applications for admission under section 15 (2)
18.
—(1)  This section shall apply to every person who applies to be admitted as an advocate and solicitor by virtue of section 15(2).
(2)  An application for admission by such person shall be made to the court by originating summons supported by an affidavit referred to in subsection (4).
(3)  The applicant shall file his application in the Registrar’s office not less than one month before it is to be heard.
(4)  The affidavit supporting the application shall exhibit —
(a)
a true copy of the order of court admitting and enrolling the applicant as a Malayan practitioner;
(b)
a certificate issued by another Malayan practitioner who shall be of not less than 7 years’ standing that to his personal knowledge the applicant has been in active practice in West Malaysia for a continuous period of not less than 3 years in the 4 years immediately preceding the application; and
(c)
a recent certificate issued by the secretary or other officer of the body charged with responsibility for investigating allegations of professional misconduct or breaches of professional discipline in those parts of Malaysia where the applicant has practised that at the date of the certificate no disciplinary proceedings are pending or contemplated against the applicant and that his professional conduct is not under investigation.
(5)  The affidavit and certificates referred to in this section shall be in the form prescribed by the Board.
Service of documents and objections
19.
—(1)  A copy each of every application and affidavit required to be filed under section 17 or 18 together with true copies of each document exhibited thereto shall, within 5 days of the document being filed in the Registrar’s office, be served on the Attorney-General, the Board and the Society.
(2)  If the Attorney-General, the Board or the Society intends to object to any application, there shall be served on the applicant not less than 3 clear days or such shorter period as the court may allow a notice of objection in which shall be set out in brief terms the grounds of objection.
(3)  Any such notice of objection shall be filed in the Registrar’s office at any time before the day fixed for the hearing of the application.
(4)  It shall not be necessary for the Attorney-General, the Board or the Society to be represented at the hearing of any application unless the Attorney-General, the Board or the Society, as the case may be, intends to object to that application.
Caveats and misrepresentations
20.
—(1)  Any person may enter a caveat against the admission of any applicant and upon such a caveat being entered, no application for the admission of the applicant shall be heard except after not less than 3 clear days’ notice has been given to the person entering the caveat.
(2)  Every caveat under this section shall be entered in the Registrar’s office and shall contain the full name, occupation and address of the caveator, a brief statement of the grounds of his objection and an address for service.
(3)  If at any time after the admission of any applicant as an advocate and solicitor it is shown to the satisfaction of the court that any application, affidavit, certificate or other document filed by an applicant contains any substantially false statement or a suppression of any material fact, or that any such certificate was obtained by fraud or misrepresentation, the name of the applicant shall be struck off the roll.”.
 
 
(e) In section 21 —
 
 
(i) delete the words “originating motion verified by an affidavit” in subsection (3) and substitute the words “originating summons supported by an affidavit”; and
 
 
(ii) delete the word “motion” in subsection (4) and substitute the word “summons”.
 
 
(f) In section 22 —
 
 
(i) delete subsection (3) and substitute the following subsection:
(3)  Every application under this section shall be made by summons if the applicant has filed an originating summons, and otherwise by originating summons.”; and
 
 
(ii) delete the words “in chambers” in subsection (5).
 
 
(g) In section 23 —
 
 
(i) delete the word “Petitions” in subsection (1) and substitute the word “Applications”; and
 
 
(ii) delete the word “petition” in subsection (2) and in the section heading and substitute in each case the word “application”.
 
 
(h) In section 24 —
 
 
(i) delete the word “petitioner” in subsection (2) and substitute the words “applicant for admission”; and
 
 
(ii) delete the word “petitioner” in subsection (5) and substitute the word “applicant”.
 
 
(i) In section 49(6), delete the word “motion” and substitute the words “originating summons”.
 
 
(j) In section 80 —
 
 
(i) delete the words “a summons” in subsection (1) and substitute the words “an originating summons”;
 
 
(ii) delete the word “respondent” in subsections (2) and (3) and substitute in each case the word “solicitor”; and
 
 
(iii) delete the word “respondent’s” in subsection (3) and substitute the word “solicitor’s”.
 
 
(k) In section 82A(10), delete the word “motion” and substitute the word “summons”.
 
 
(l) In section 83(3), delete the word “petitioning” and substitute the words “applying to”.
 
 
(m) In section 98(5) —
 
 
(i) delete the words “by motion” and substitute the words “by summons”; and
 
 
(ii) delete the words “notice of the motion” and substitute the word “summons”.
 
 
(n) In section 100(2), delete the word “motion” and substitute the word “summons”.
 
 
(o) In section 102 —
 
 
(i) delete the word “motion” in subsection (2) and substitute the word “summons”;
 
 
(ii) delete the words “Notice of the motion” in subsection (3) and substitute the words “The originating summons”; and
 
 
(iii) delete the word “motion” in subsection (3)(a) and substitute the word “application”.
 
 
(p) In section 103(1), delete the word “summons” and substitute the words “originating summons”.
 
 
(q) In section 113 —
 
 
(i) delete the words “summons, motion or petition” in the 3rd and 4th lines of subsection (2) and substitute the words “application by originating summons”;
 
 
(ii) delete the words “summons, motion or petition” wherever they appear in subsections (3) and (6) and substitute in each case the word “application”; and
 
 
(iii) delete the words “by summons, motion or petition” in subsection (8).
 
 
(r) In section 120 —
 
 
(i) delete the words “a petition of course” in subsection (1) and substitute the words “an application made by originating summons or, where there is a pending action, by summons”; and
 
 
(ii) delete the words “in chambers” in subsection (2).
 
 
(s) In section 121 —
 
 
(i) delete the words “petition of course” in subsection (1) and substitute the words “application under section 120(1)”;
 
 
(ii) insert, immediately after “$25” in subsection (1), the words “or such other sum as may be prescribed”; and
 
 
(iii) insert, immediately after “$150” in subsection (2), the words “or such other sum as may be prescribed”.
 
 
(t) In section 123 —
 
 
(i) delete the word “petitions” and substitute the words “applications made under section 120(1)”; and
 
 
(ii) delete the word “Petitions” in the section heading and substitute the word “Applications”.
 
 
(u) In section 124 —
 
 
(i) delete the words “a petition of course” in subsection (1) and substitute the words “an application made under section 120(1)”; and
 
 
(ii) delete the word “petition” in subsection (2) and substitute the word “application”.
 
 
(v) Repeal section 135 and substitute the following section:
Rules Committee to prescribe certain fees and costs
135.  The Rules Committee may, from time to time, make rules to prescribe —
(a)
the fees payable under sections 21(7), 24(5) and 25(1)(e); and
(b)
the costs referred to in section 121(1) and (2).”.
 
 
 
(21) Legitimacy Act
(Chapter 162, 1985 Ed.)
 
In section 4 —
 
 
(a) delete the words “by petition to the High Court praying the court” in the 4th and 5th lines of subsection (1) and substitute the words “to the High Court by originating summons”;
 
 
(b) delete the word “petitioner” in the 6th line of subsection (1) and substitute the word “applicant”;
 
 
(c) delete the words “Every petition under this section shall be accompanied by such affidavit” in subsection (2) and substitute the words “Every application under this section shall be supported by an affidavit”; and
 
 
(d) delete subsection (4) and substitute the following subsection:
(4)  A copy of every application under this section and of the affidavit in support thereof shall be served on the Attorney-General, who may apply to intervene in the application if he thinks necessary.”.
 
 
 
(22) Limited Liability Partnerships Act 2005
(Act 5 of 2005)
 
(a) In section 34(6)(a)(i), delete the words “presentation of the winding up petition” and substitute the words “filing of the winding up application”.
 
 
(b) In paragraph 2 of the Fifth Schedule —
 
 
(i) delete the word “petition” in sub-paragraph (1) and substitute the word “application”; and
 
 
(ii) delete the words “petition if presented” in sub-paragraph (2)(a) and substitute the words “application if made”.
 
 
(c) In paragraph 3(4) of the Fifth Schedule —
 
 
(i) delete the words “presentation of a petition” and substitute the words “making of an application”; and
 
 
(ii) delete the words “the petition” and substitute the words “the winding up application”.
 
 
(d) In paragraph 4(1) and (2) of the Fifth Schedule, delete the words “presentation of the petition” and substitute in each case the words “filing of the application”.
 
 
(e) In paragraph 5 of the Fifth Schedule —
 
 
(i) delete the word “petition” in sub-paragraphs (1) and (4) and substitute in each case the word “application”; and
 
 
(ii) delete the word “petitioner” wherever it appears in sub-paragraphs (2), (3) and (4) and substitute in each case the word “applicant”.
 
 
(f) In paragraph 6 of the Fifth Schedule —
 
 
(i) delete the word “petition” in the 1st line of sub-paragraph (1) and substitute the word “application”;
 
 
(ii) delete the word “petition” wherever it appears in sub-paragraphs (1) (penultimate line) and (2) and in the paragraph heading and substitute in each case the words “winding up application”; and
 
 
(iii) delete the word “petitioner” in
sub-paragraph (2) and substitute the words “person making the winding up application”.
 
 
(g) In paragraph 7 of the Fifth Schedule, delete the words “presentation of a winding up petition” and substitute the words “filing of a winding up application”.
 
 
(h) In paragraph 8 of the Fifth Schedule —
 
 
(i) delete the word “petition” in sub-paragraph (3) and substitute the word “application”; and
 
 
(ii) delete the word “petition” in the paragraph heading and substitute the words “winding up application”.
 
 
(i) In paragraph 9 of the Fifth Schedule —
 
 
(i) delete the word “petitioner” in sub-paragraphs (1), (2) and (5) and substitute in each case the word “applicant”; and
 
 
(ii) delete the word “petition” in sub-paragraph (4) and substitute the word “application”.
 
 
(j) In paragraph 15 of the Fifth Schedule, delete the words “presentation of a winding up petition” and substitute the words “filing of a winding up application”.
 
 
(k) In paragraph 59 of the Fifth Schedule, delete the words “a petition has been presented” and substitute the words “an application has been made”.
 
 
(l) In paragraph 76(1)(a) of the Fifth Schedule, delete the words “a petitioner” and substitute the words “the applicant for the winding up order”.
 
 
(m) In paragraph 89(2) of the Fifth Schedule —
 
 
(i) delete the words “a petition” and substitute the words “an application”; and
 
 
(ii) delete the word “presented” and substitute the word “made”.
 
 
 
(23) Mental Disorders and Treatment Act
(Chapter 178, 1985 Ed.)
 
In section 14 —
 
 
(a) delete the word “petition” and substitute the words “originating summons”; and
 
 
(b) delete the marginal note and insert the following section heading:
Application to court for order”.
 
 
 
(24) Merchant Shipping Act
(Chapter 179, 1996 Ed.)
 
In section 88(6) —
 
 
(a) delete the words “by summons” and substitute the words “by originating summons”; and
 
 
(b) delete the words “the summons” and substitute the words “the application”.
 
 
 
(25) Mutual Assistance in Criminal Matters Act
(Chapter 190A, 2001 Ed.)
 
In paragraph 14(5) of Part II of the Schedule, delete the words “presentation of the petition” in paragraph (b) of the definition of “relevant time” and substitute the words “making of the application”.
 
 
 
(26) Parliamentary Elections Act
(Chapter 218, 2001 Ed.)
 
(a) In section 90 —
 
 
(i) delete the words “on an election petition” and substitute the words “on an application made to an Election Judge”; and
 
 
(ii) delete the section heading and substitute the following section heading:
Application for avoidance of election on certain grounds”.
 
 
(b) Delete the words “ELECTION PETITIONS” in the heading to Part IV and substitute the words “APPLICATIONS FOR AVOIDANCE OF ELECTION”.
 
 
(c) In section 92 —
 
 
(i) delete the word “tried” in subsection (1) and substitute the word “heard”;
 
 
(ii) delete the words “trial of an election petition under this Act” in subsection (4) and substitute the words “hearing of an application under section 90”; and
 
 
(iii) delete the word “petitioner” in subsection (7) and substitute the word “applicant”.
 
 
(d) In section 93 —
 
 
(i) delete the word “presented” and substitute the word “made”; and
 
 
(ii) delete the words “present petition” in the section heading and substitute the words “make application under section 90”.
 
 
(e) In section 94 —
 
 
(i) delete the word “petitioner” and substitute the word “applicant”; and
 
 
(ii) delete the words “election petition” and substitute the words “application under section 90”.
 
 
(f) In section 96 —
 
 
(i) delete the word “trial” in section (1) (b) and substitute the word “hearing”; and
 
 
(ii) delete the words “by an election petition” in subsection (2) and substitute the words “by such an application”.
 
 
(g) In section 97 —
 
 
(i) delete the word “presented” wherever it appears in subsections (1), (2), (3) and (4) and substitute in each case the word “made”;
 
 
(ii) delete the words “election petition” in subsections (3)(b) and (4) (4th line) and substitute in each case the word “application”;
 
 
(iii) delete the words “the petition” wherever they appear in subsection (3)(b) and substitute in each case the words “the application”; and
 
 
(iv) delete the word “presentation” in the section heading and substitute the words “making application”.
 
 
(h) In section 99, delete subsection (3) and substitute the following subsection:
(3)  On a scrutiny, any tendered vote that is proved to be a valid vote shall be added to the poll if any party to the application under section 90 applies for that vote to be so added.”.
 
 
(i) In section 100 —
 
 
(i) delete the words “election petitions” in subsection (1) and in the section heading and substitute in each case the words “applications under section 90”; and
 
 
(ii) insert, immediately after the words “subsection (1)” in subsection (2), the words “and shall be amendable by rules made under that subsection”.
 
 
(j) In section 101, delete the words “On an election petition” and substitute the words “On the making of an application under section 90”.
 
 
(k) In the following sections, delete the words “election petition” and substitute in each case the words “application under section 90”:
 
 
Sections 30(6), 49(6) and (11), 50(4), 92(1) and (9), 93, 96(2) (1st line) and 97(1), (2), (3) (1st line) and (4) (1st line).
 
 
(l) In the following sections, delete the words “trial of an election petition” and substitute in each case the words “hearing of an application under section 90”:
 
 
Sections 86, 92(8), 95(1), 96(1) and 99(1).
 
 
(m) In the following sections, delete the word “petition” and substitute in each case the word “application”:
 
 
Sections 92(4) (last line) and (6) and 93 (a).
 
 
(n) Repeal the Fourth Schedule and substitute the new Fourth Schedule as set out in the Second Schedule to this Act.
 
 
 
(27) Presidential Elections Act (Cap 240A, 1999 Ed.)
 
(a) In section 71 —
 
 
(i) delete the words “on an election petition” and substitute the words “on an application made to an Election Judge”; and
 
 
(ii) delete the section heading and substitute the following section heading:
Application for avoidance of election on certain grounds”.
 
 
(b) Delete the words “ELECTION PETITIONS” in the heading to Part V and substitute the words “APPLICATIONS FOR AVOIDANCE OF ELECTION”.
 
 
(c) In section 72 —
 
 
(i) delete the word “tried” in subsection (1) and substitute the word “heard”;
 
 
(ii) delete the words “trial of an election petition under this Act” in the 1st line of subsection (3) and substitute the words “hearing of an application under section 71”; and
 
 
(iii) delete the word “petitioner” in subsection (3)(b) and substitute the word “applicant”.
 
 
(d) In section 73 —
 
 
(i) delete the word “presented” and substitute the word “made”; and
 
 
(ii) delete the words “present petition” in the section heading and substitute the words “make application under section 71”.
 
 
(e) In section 74, delete the words “A petitioner shall be entitled to claim in an election petition” and substitute the words “A person making an application under section 71 shall be entitled to claim in the application”.
 
 
(f) In section 76 —
 
 
(i) delete the word “trial” in subsection (1)(b) and substitute the word “hearing”; and
 
 
(ii) delete the words “by an election petition” in subsection (2) and substitute the words “by such an application”.
 
 
(g) In section 77 —
 
 
(i) delete the word “presented” wherever it appears in subsections (1), (2), (3) and (4) and substitute in each case the word “made”;
 
 
(ii) delete the words “election petition” in subsections (3)(b) and (4) (4th line) and substitute in each case the word “application”;
 
 
(iii) delete the words “the petition” wherever they appear in subsection (3)(b) and substitute in each case the words “the application”; and
 
 
(iv) delete the word “presentation” in the section heading and substitute the words “making application”.
 
 
(h) In section 79, delete subsection (3) and substitute the following subsection:
(3)  On a scrutiny, any tendered vote that is proved to be a valid vote shall be added to the poll if any party to the application under section 71 applies for that vote to be so added.”.
 
 
(i) In section 80, delete the words “On an election petition” and substitute the words “On the making of an application under section 71”.
 
 
(j) In the following sections, delete the words “election petition” and substitute in each case the words “application under section 71”:
 
 
Sections 12(6), 32(7) and (11A), 33(4), 72(1) and (6), 73, 76(2) (1st line) and 77(1), (2), (3) (1st line) and (4) (1st line).
 
 
(k) In the following sections, delete the words “trial of an election petition” and substitute in each case the words “hearing of an application under section 71”:
 
 
Sections 68, 72(5), 75(1), 76(1) and 79(1).
 
 
(l) In the following sections, delete the word “petition” and substitute in each case the word “application”:
 
 
Sections 72(3)(a) and (b) and 73 (a).
 
 
 
(28) Probate and Administration Act
(Chapter 251, 2000 Ed.)
 
(a) In section 2, delete the definition of “probate action” and substitute the following definitions:
“ “probate action” means a cause or matter in which a probate application is contested by any person, and includes any application to alter or revoke the grant of any probate or letters of administration;
“probate application” means an application for a grant of probate or letters of administration, and “probate applicant” shall be construed accordingly;”.
 
 
(b) In section 3(2)(a), delete the word “petition” and substitute the words “probate application”.
 
 
(c) In section 7(1), delete the words “petitioner for a grant of probate or of letters of administration” and substitute the words “probate applicant”.
 
 
(d) In section 33(2), delete the word “petitioner” and substitute the words “probate applicant”.
 
 
(e) In section 39, delete the words “on the application by motion of the Public Trustee or of any person” and substitute the words “on an application made by originating summons by the Public Trustee or by any person”.
 
 
 
(29) Public Trustee Act
(Chapter 260, 1985 Ed.)
 
In section 5(1), delete the words “The Public Trustee may, on his own application, or on the application of any other person by summons,” and substitute the words “The Public Trustee may, on his own application or on the application of any other person made by originating summons or summons, as appropriate,”.
 
 
 
(30) Residential Property Act (Chapter 274, 1985 Ed.)
 
In section 24(8), delete the words “summons in chambers” and substitute the words “originating summons”.
 
 
 
(31) Securities and Futures Act (Chapter 289, 2002 Ed.)
 
In section 81L(4), delete the words “presentation of a petition” in paragraph (d) of the definition of “specified event” and substitute the words “making of an application”.
 
 
 
(32) Sedition Act
(Chapter 290, 1985 Ed.)
 
In section 10 —
 
 
(a) delete subsection (7) and substitute the following subsection:
(7)  The owner of any prohibited publication delivered or seized under this section may, at any time within 14 days after the delivery or seizure, apply to the Court by originating summons for the discharge of the prohibition order, and if the Court, on the hearing of the application, decides that the prohibition order ought not to have been made, it shall discharge the order and shall order the prohibited publication delivered by or seized from the applicant to be returned to him.”; and
 
 
(b) delete the words “a petition” in subsection (8) and substitute the words “an application under subsection (7)”.
 
 
 
(33) Trade Unions Act
(Chapter 333, 2004 Ed.)
 
In section 45, delete the words “upon an ex parte motion” and substitute the words “upon an ex parte application by originating summons”.
 
 
 
(34) Trust Companies Act 2005
(Act 11 of 2005)
 
(a) In section 12 —
 
 
(i) delete the word “petition” in subsection (1) and substitute the word “apply”; and
 
 
(ii) delete the words “present a petition” in subsection (2) and substitute the word “apply”.
 
 
(b) In section 24 —
 
 
(i) delete the word “petition” in subsections (1) and (2) and substitute in each case the word “application”; and
 
 
(ii) delete the word “petitions” in the section heading and substitute the words “probate applications”.
 
 
 
(35) Trustees Act
(Chapter 337, 2005 Ed.)
 
(a) In section 63(4), delete the word “motion” and substitute the words “originating summons”.
 
 
(b) In section 79 —
 
 
(i) delete the word “petition” in subsection (1) and substitute the words “originating summons”; and
 
 
(ii) delete the word “Petition” in the section heading and substitute the word “Application”.
 
 
 
(36) Women’s Charter
(Chapter 353, 1997 Ed.)
 
Repeal Part X and substitute the new Part X as set out in the Third Schedule.
 
 
 
(37) Hindu Endowments Act
(Chapter 364, 1994 Ed.)
 
(a) In section 32(1), delete the words “a petition” and substitute the words “an application by originating summons”.
 
 
(b) In section 33(1) and (2), delete the word “petition” and substitute in each case the word “application”.
 
 
 
(38) Jewish Synagogue Ordinance
(Chapter 365, 1985 Ed.)
 
In section 7, delete subsection (2) (including the marginal note thereto) and substitute the following subsection:
New trustees
(2)  In the event of the number of trustees at any time falling below three, the High Court, on an application made by originating summons by the remaining trustees or by any of the members of the Jewish community, may appoint suitable persons being members of the Jewish community residing in Singapore to be trustees under this Ordinance.”.
 
 
 
 
In section 6 —
 
 
(a) delete subsection (3) (including the marginal note thereto) and substitute the following subsection:
Application to court
(3)  An application for such leave shall be made to the court by originating summons supported by an affidavit, setting out the facts and reasons for which the said body corporate desires to sell, exchange or mortgage, or otherwise alienate or encumber the lands, and the application shall seek a decree of the court as in a suit relating to charities.”;
 
 
(b) delete the word “petition” wherever it appears in subsection (4) and substitute in each case the word “application”; and
 
 
(c) delete the words “prayer of the petition” wherever they appear in subsection (5) and substitute in each case the word “application”.
 
 
 
 
In section 20 —
 
 
(a) delete subsection (2) and substitute the following subsection:
(2)  An application for such leave shall be made to the court by originating summons supported by an affidavit setting out the facts and reasons for which the Corporation desires to sell, exchange, mortgage or otherwise alienate or encumber or purchase the immovable property, and the application shall seek a decree of the court as in a suit relating to charities.”;
 
 
(b) delete the word “petition” wherever it appears in subsection (3) and substitute in each case the word “application”; and
 
 
(c) delete the words “prayer of the petition” wherever they appear in subsection (4) and substitute in each case the word “application”.