LLC v LMWA and Another

On 22 March 2019, the Court of Appeal issued its judgment in LLC v LMWA and Another CAMP 143/2018, 27 February 2019, [2019] HKCA 347 (“Judgment”).  In the Judgment, the Court of Appeal sets out its various observations on family litigation in Hong Kong, and its expectations of practitioners and of the Court.

Below is a non-exhaustive list of topics the Court of Appeal considers in the Judgment:

  1. Trials of preliminary issues;
  2. TL v ML [2006] 1 FLR 1263 procedures; and
  3. Mediation of family disputes under Practice Direction 15.10.

In particular, practitioners are reminded of their positive duty to engage in constructive settlement negotiations and to participate in alternate dispute resolutions processes, such as mediation, FDR and CDR in good faith.  This includes a proactive approach to resolve family disputes through effective and proportionate means.

Practitioners are reminded to be mindful that resources, including time, monies as well as energy, of the parties should not be disproportionately squandered away in litigation – especially where there are children in the family whose welfare should remain the paramount consideration.

The full judgment can be obtained here.

Posted in Judgments

HKFLA Conference is fully booked

The HKFLA is pleased to announce that the HKFLA Conference on 25 to 27 April 2019 is now fully booked.

Guest speakers include Sir Nicholas Mostyn, Anthony Douglas CBE and Elizabeth Clarke. Please find the detailed programme here.

Posted in Uncategorized

HKFLA Talk on 6 March 2019 by Alexandre Boiché

On 6 March 2019, Mr Alexandre Boiché spoke to the HKFLA on “International divorce before the French Court”. Alexandre is a lawyer at the Paris Bar specialising in international family litigation, conflict of laws, and recognition of foreign judgments.

The talk focused on jurisdictional issues considered by the French Courts in the different components of a divorce including divorce itself, spousal maintenance, parental responsibility, child support obligations and the matrimonial property resume.    EU Regulations require French Judges to establish competence in each case and apply the applicable law.    Jurisdictional issues and forum shopping can escalate costs and tensions while parties seek out preferred fora with perceived or actual advantages to them.  Under the principle of “international lis pendens” the French Courts will also suspend proceedings if matrimonial proceedings have already commenced in another court, until jurisdiction of the first court is denied (there are limits to this principle in the French Supreme Courts or if there are bilateral conventions between France and that country).

The talk by Alexandre concludes with discussions on the new 2016 European Regulation entered into force on 29 January 2019 on the validity and drafting of prenuptial agreements.

Posted in Uncategorized

Hong Kong Family Law Conference

The Family Law Association, the Law Society and the Bar Association are delighted to be hosting a Family Law Conference from 25 to 27 April 2019.

Our guest speakers Sir Nicholas Mostyn, Anthony Douglas CBE and Elizabeth Clarke will be discussing various topics which we hope will be of interest to the Hong Kong family law community.

Please find the detailed programme here.

Places are limited and will be allocated on a first come first served basis.

Please send your enrolment form and cheque made payable to “The Hong Kong Family Law Association” to the following address as soon as possible and by no later than 9 April 2019:

The Hong Kong Family Law Association

c/o Gall, 3/F Dina House,

Ruttonjee Centre

11 Duddell Street

Hong Kong

Attn: Caroline McNally

Posted in HKFLA Events

Save the Date: HK Family Law Conference 2019

Please save the date for the Hong Kong Family Law Conference, which will be held this year from Friday 25 April to Saturday 27 April. Guest speakers include:

Sir Nicholas Mostyn, Judge of the High Court of England & Wales;

Anthony Douglas CBE, Chief Executive of CAFCASS; and

Elizabeth Clarke, Barrister, England & Wales

For more information, please view the programme.

Posted in HKFLA Events

Upcoming event: International divorce before the French Court

All members and guests are enthusiastically invited to a talk by Mr. Alexandre Boiche on Wednesday 6 March 2019. The talk will be held at the Hong Kong Club from 6:30pm.

About Mr. Alexandre Boiche

Alexandre Boiche is a lawyer at the Paris Bar specialising in international family litigation and notably conflicts of jurisdictions or conflicts of laws, and on recognition of foreign judgments. He also conducts judicial training programmes for colleagues and judges in these areas both in France and abroad. He also specialises in the drafting of international marriage contracts, divorce and parental authority agreements, with the goal of reaching sustainable solutions, He is also trained in collaborative law and a trained Mediator specialized in NVC. Since 2006, he has been an editor for the “Actualité Juridique Famille” law review edited by Dalloz in charge of international family law report and case-laws.


Alexandre is a fellow of the IAFL, the French Committee of Private International Law, and the Louis Chatin Association.

For more information and to RSVP, please view and fill out the event flyer.

Posted in HKFLA Events

Duxbury etc.

On 23 January 2019, HKFLA had the pleasure of having authors Azan Marwah and Shaphan Marwah, and contributors Wong Hiu Cheng, Jerome McDonagh, and Joshua Baker, to come talk to us about their newly published book Duxbury etc.  Philippa Hewitt, also a contributor of the book, was unable to join the talk.

Duxbury etc. is the first reference book to be published freely by family lawyers for the public, litigants, and legal practitioners in the Family Court.  As the title suggests, the book provides essential information on Duxbury tables (allowing easier calculation of lump sum payments, tailored for Hong Kong’s own economic conditions). 

Beyond this, Duxbury etc. is an excellent resource on some of the main areas of family law, summarizing concepts and structure on Ancillary Relief, Child Custody, Divorce and Domestic Violence.  It is a collection of not only legal concepts, legislation and case law references, but it offers users information on costs (taxation and Legal Aid), tax issues, MPF, Comprehensive Social Security Assistance, children and education, the judiciary and further contacts.

The Family Law Association is pleased to support Duxbury etc.  It is available in English and Traditional Chinese to promote access and awareness in Hong Kong.  Please visit https://www.duxburyetc.hk/ to find out more about this public interest project, where the current version of the book can also be downloaded in PDF format.

Posted in HKFLA Events