6. Assessor’s Determinations
Assessor’s Determination
This page provides an overview of the nature of an Assessor’s Determination, and possible steps a party to a Case may wish to consider after a Determination has been made.
Assessors’ Determination are binding, non-appealable and are enforceable with Court’s leave
Application to Set Aside Assessor’s Decision/Determination
Application to Correct Error in Assessor’s Determination
FAQs
Assessors’ Determination are binding, non-appealable and are enforceable with Court’s leave ↩
Determinations by the Adjustment Relief Assessor are binding on all parties and their assignees and are not appealable.
Such determinations may, with leave of the Court, be enforced in the same manner as a judgment or an order of Court. Please seek legal advice on how you may enforce the determination.
A person, who without reasonable excuse, fails to comply with any determination binding on the person shall be guilty of an offence and shall be liable on conviction.
Application to Set Aside Assessor’s Decision/Determination ↩
Please note that if a person who is directed to attend a hearing is absent from the hearing, the Assessor may:
- deem that the person, who was absent, has withdrawn the notice lodged by that person; or
- hear and make a determination on the matter.
If the person had a good reason for being absent and wishes to set aside the Assessor’s decision or determination above, he may submit an Application to Set Aside Decision/Determination.
Step 1
If you wish to set aside the Assessor’s decision/determination, you must submit to the Registrar an Application to Set Aside Decision/Determination and serve the application on the other parties to the Assessor’s Determination (“Recipient(s)”).
The Application should be submitted to the Registrar and served on the Recipient(s) within 5 working days after the date the Assessor’s decision/determination is sent to the parties and their assignees.
To submit and serve the Application to Set Aside Decision/Determination using the electronic system, you must have an email address as well as the email address(es) of the Recipient(s):
- If you are acting on behalf of an entity, please use this link.
- If you are an individual, please use this link.
To register for a SingPass, please visit https://www.singpass.gov.sg.
Step 2
If a party to an Assessor’s Determination wishes to oppose the Application to Set Aside Decision/Determination, he must, within the time period directed by the Registrar, lodge a Reply with the Registrar and serve the Reply on the following Recipient(s), where applicable:
- the person who lodged and served the Application to Set Aside Decision/Determination;
- any other parties to the Assessor’s determination.
To submit and serve the Reply using the electronic system using the electronic system, you must have an email address as well as the email address(es) of the Recipient(s):
- If you are acting on behalf of an entity, please use this link.
- If you are an individual, please use this link.
To register for a SingPass, please visit https://www.singpass.gov.sg.
Step 3
If the Assessor decides to set aside the decision or determination, the Assessor may do so on such terms as he or she considers just and he or she may proceed to hear the case and make a fresh determination on the case.
Application to Correct Error in Assessor’s Determination ↩
If there is a clerical mistake, or error arising from an accidental slip or omission, in the Assessor’s determination, any person affected by an Assessor’s Determination may submit an Application to Correct Error in Determination. To submit the Application with the Registrar using the electronic system:
- If you are acting on behalf of an entity, please use this link.
- If you are an individual, please use this link.
To register for a SingPass, please visit https://www.singpass.gov.sg.
FAQs ↩
1. Who are the Assessors?
Determinations will be made by a panel of Assessors, comprising qualified lawyers and accountants.
2. Are there any fees required in seeking an Assessor’s determination?
No. Parties will not be charged any fees or costs when an Assessor is appointed to make a determination under the Framework.
3. The other party has disclosed information and supporting documents in the course of proceedings before the Assessors. Can I disclose or publish that information to a third party?
You cannot disclose to a third party any statement or document submitted, created or made for the purposes of an Assessor’s proceedings, or any information (whether written or oral) that is disclosed in the course of an Assessor’s proceedings, except:
- With the consent of the party to whom the information relates.
- When the information is already in the public domain.
- When the disclosure is necessary for the proceedings, the enforcement of an Assessor’s determination or any proceeding before a court or arbitral tribunal.
4. The determination for my case has been issued. I have further information which would have a material influence on the determination. Can I ask for the determination to be revisited?
Section 67 of the Act provides that the Assessor or another Assessor may vary or replace the determination if there is further information which would have a material influence on the determination, but which could not have with reasonable diligence been obtained for use at the proceedings before the Assessor where the determination was made and it is just and fair for the variation or replacement to be made.
If you wish to apply for a variation or replacement of the determination, please write to the Registry at the email address that the Registry had previously communicated with you and provide supporting documents justifying why the determination should be varied or replaced. Each application will be considered on a case-by-case basis, and at the Assessor’s sole discretion.
Please note that the above does not operate as an appeal. The Assessor’s determination is not appealable.