An Employers’ Guide to CPF Contributions

The Central Provident Fund (“CPF”) is sometimes referred to as “Calculate, Pay or get Fined” by Singaporean employers. This is because the Central Provident Fund Act requires them to contribute to their employees’ CPF accounts or get fined for failure to do so.

A Guide to Bankruptcy and Debt Recovery in Singapore

For some, a man is only as good as his word. There is logic in this, given that creditors (also known as moneylenders) often worry about whether borrowers will repay their debts. Debt recovery, after all, can be a tedious and frustrating process. Creditors may often receive no response despite calling, e-mailing, and sending letters to the borrower. Looking for them at their home or workplace may be a similarly futile endeavour. And on the off chance that the borrower can be contacted, a common refrain will be that the borrower has no money now, and will repay you later.

Standing by decided things: How the Singapore courts decide cases

Muhammad Ali Jinnah, the first leader of Pakistan apocryphally said, “Think 100 times before you take a decision, but once that decision is made, stand by it as one man.” Our lives have their shapes because of decisions made or not made. Of course, some decisions are weightier than others. In particular, the decisions that judges make regarding the cases before them have significant bearing on many, even extending in more extreme cases to determining whether a person lives or dies.

Wilful Blindness in the Context of the Presumption of Knowledge: Gobi a/l Avedian v Public Prosecutor [2021] 1 SLR 180

Under section 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (the “MDA”), it is an offence, with consequences that may extend to the mandatory death penalty, to import into or export from Singapore controlled drugs. As part of proving the charge, the Prosecution must prove that the accused was both in possession of, and had knowledge of the controlled nature of the drugs involved. Further, under section 18 of the MDA, the Prosecution is also allowed to rely on a presumption - under certain circumstances - that the accused did indeed have said possession (section 18(1)) and knowledge (section 18(2)). If the accused is unable to rebut these presumptions, the elements of possession and knowledge are made out under section 7.  

Deciding Priority between Two Competing Judgment Creditors: Singapore Air Charter Pte Ltd v Peter Low & Choo LLC and another [2020] 2 SLR 1399

Where a judgment in respect of a debt is concerned, a “judgment creditor” is the party to whom the debt is owed, and a “judgment debtor” is the party who has been ordered by the court to pay a sum of money – the “judgment debt” – to the judgment creditor. However, obtaining the court order alone will not necessarily provide the judgment creditor with satisfaction, as the judgment debtor may not want to, or may not be able to, satisfy the judgment debt.

Debt Management Plans: A Practical Solution for Debt-laden Individuals

Written by: Su Jin Chandran Introduction How does one achieve financial freedom? One typical answer may be to spend below our means. Unfortunately, some of us may already be beyond the point of no return, with interest causing a seemingly-unstoppable spiral into bankruptcy.[1] Still, there is still hope for individuals who are unable to pay … Continue reading Debt Management Plans: A Practical Solution for Debt-laden Individuals

Conflicts in Legal Representation: Law Society of Singapore v Lee Suet Fern (alias Lim Suet Fern) [2020] SGHC 255

It is not surprising that the law regulates the conduct of lawyers, especially when it comes to the lawyer’s duty to the client. In such relationships, lawyers are placed in positions of trust, with clients relying on them for their expertise, integrity, and judgement. The law thus obliges lawyers to act with utmost loyalty and care in dealing with their clients. Such duties are not restricted to situations where a lawyer expressly enters into a retainer agreement[1] with a client (i.e. an express retainer). For example, where an express retainer is not established, but the parties nevertheless act in a manner which conveys a lawyer-client relationship, a retainer may still be implied, with similar duties imposed on the lawyer. Further, even if no retainer is established, a lawyer can still be sanctioned if his/her conduct is found to be unbefitting of a lawyer.