Since its original publication in 2010, Family Court Practice has become required reading for lawyers and judges engaged in family practice at all levels in Hong Kong (Family Court, High Court and Court of Final Appeal).
Being a comprehensive, practical and critical account of the law drafted from the viewpoint of experienced practitioners, this book contains the only one-stop comprehensive collection of primary sources (Practice Directions, Ordinances, subsidiary legislation and international law), and practice and procedure checklists. It also includes precedents, ancillary relief tables, lists of leading cases and useful websites arranged by subject.
What's new in this edition:
This edition has been fully revised and updated including the latest available statistics on Divorce trends: Having reached a high point in 2019 (22,074), as of 2023, 20,621 couples have issued divorce proceedings in the Family Court in Hong Kong. This figure has been rising for many years, and an increase of 25% from 2022 (16,513) up from 6,295 in 1991.
Practice Directions - PD15.9 Estimate Of Costs In Ancillary Relief Proceedings And Children Proceedings (“Form H”); PD 15.11 Financial Dispute Resolution Pilot Scheme & PD 15.13 Children’s Dispute Resolution have been updated with some amendments and changes to terminology. All changed were effective from 15th May 2023. PDSL7(Effective:25/11/2024) Guidance on Direct Judicial Communications in International Family Disputes Affecting Children; PDSL9 (Effective:02/01/2024) Pilot Scheme on Private Adjudication of Financial Disputes in Matrimonial and Family Proceedings; GD1.1 (Effective:03/10/2023) Proceedings before Masters in the Family Court; GD1.2(Effective:03/10/2023) Case Management and Time Tabling in Children and Ancillary Relief Proceedings;
Ancillary Relief Definition of “Property”. The recent CFI judgment of Re Gatecoin [2023] HKCFI 91 ruled that cryptocurrencies are proprietary assets, and claims can be pursued in case of violation of trust. The legal implications of Re Gatecoin [2023] HKCFI 91 affects the treatment of cryptocurrencies in multiple legal contexts, including, inter alia, in matrimonial disputes.
Injunctions - MPY v WYC FCMC 3297/2022 (6th March 2024); [2024] HKFC 26, Respondent wife successfully applied to join two companies as the 2nd and 3rd respondents of the Petition for the purpose of her section 17 application pursuant to the Matrimonial Proceedings and Properties Ordinance, Cap 192 (“MPPO”); SLA nee S v HKL [2013] HKFLR 445 and Prest v Petrodel [2013] 2 AC 415 applied.
Legal Aid - MK v Registrar of the High Court & Director of Legal Aid FACV 8/2023, [2024] HKCFA 6 - Appeal concerned with the manner in which legal professional privilege (“LPP”) applies in relation to the relationship that comes into existence after a grant of legal aid has been made.
In anticipation of its coming into force in early 2026, The Mandatory Reporting of Child Abuse Ordinance (Cap. 650), was gazetted on 19th July 2024, a new section covering this important new provision has been inserted.
Same-sex spouses and the government’s public rental housing scheme: Infinger, Nick & Anor v Hong Kong Housing Authority [FACV No 2 and 3 of 2024, [2024] HKCFA 29, FACV No 2 of 2024, 26 November 2024, home ownership scheme & inheritance law.
