In the decision of BOI v BOJ, the Court of Appeal clarified that lottery winnings received during a marriage constitute matrimonial assets to be divided between parties, should they divorce. The court also set out the approach to attributing contributions from lottery winnings. Instead of examining who purchased the winning ticket, the court will focus on the intention with which the ticket was purchased. For parties seeking a divorce, this approach creates a greater responsibility to clearly show their intention that the winnings be fully attributed to them.
On 22 August 2019, SMU School of Law welcomed Professor Birke Häcker (Professor of Comparative Law and Director of the Institute of European and Comparative Law at the University of Oxford), for a discussion on comparative law. She provided ‘a personal roadmap to comparative law’, touching on the history and origins of the field, as well as some basic comparative methodologies. She also shared her views on the future of comparative law in Singapore.
Since its inception in 2011, the Attorney-General's Cup – the brainchild of former Attorney-General, Professor Walter Woon, SC – has played an instrumental role in introducing law undergraduates to the intricacies of criminal law. The 2019 edition of the competition had a scenario considering the criminal sanctions for the offence of "making atmosphere noxious to health of persons in general". 3rd-Year LL.B. student Marcus Chia Hao Jun reports on the finals held on 29 August 2019.
The 12th edition of SMU’s Howard Hunter Moot attracted over 50 participants. The competition problem was centred on the implications of a character Mia Childs’ social media posts, in light of the new Protection from Online Falsehoods and Manipulation Act (“POFMA”).
In the latest instalment of SMU’s “Law as Calling” series, the Honourable Chief Justice Sundaresh Menon visited SMU School of Law and delivered an inspirational address on law and the public good. Find here the summary of the talk, and the insights CJ Menon shared on finding meaning and purpose in legal practice.
The SICC and SIDRA recently concluded a thought leadership event on dispute resolution options for trust disputes. The key issue was: given the increasing prevalence of alternative forms of dispute resolution (“ADR”), why was there still uncertainty as to whether trust disputes were amenable to ADR (and in particular, arbitration)? The distinguished panellists provided a stimulating discussion of the various conceptual and practical difficulties faced in submitting trust disputes to arbitration.
The recent case of Nurun Novi Saydur Rahman v Public Prosecutor was the first time an offence under s 15(3A) of the Workplace Safety and Health Act (“WSHA”) had been brought before the Singapore High Court. The High Court introduced a new two-stage sentencing framework to be applied to such offences. This paper examines the rationale and implications of the proposed sentencing framework.