On 22 March 2019, the Court of Appeal issued
its judgment in LLC v LMWA and Another CAMP
143/2018, 27 February 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:
Trials of preliminary issues;
ML  1 FLR 1263
Mediation of family disputes under Practice
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
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).
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.
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.
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.
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).
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.
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