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.
Members and guests attended a talk by Mr. Alexandre Boiche on Wednesday 6 March 2019.
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.
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
Members and guests attended a talk by Mr. Azan Marwah, Mr. Shaphan Marwah and Mr. Jerome McDonagh on Wednesday 23 January 2019.
About Mr. Azan Marwah
Azan Marwah is a barrister and mediator specialising in family, public and commercial law. He is the co-author of Hong Kong Family Court Practice (2ed), and contributes to Atkins Court Forms (Family Vol), Halsbury’s Laws of Hong Kong, Archbold, the White Book, and Chitty on Contracts (HK).
About Mr. Shaphan Marwah
Shaphan Marwah is a practicing barrister with experience in a wide range of civil/commercial and matrimonial litigation. He is the co-author of Hong Kong Family Court Practice (2ed), and contributes to Archbold, and the White Book.
About Dr. Jerome McDonagh
Jerome McDonagh is a manager at MDD focusing on matters related to business valuation, damages quantification, fraud investigations. His practice also extends to family law matters, where he has extensive experience in investigations into spouses’ affairs to ascertain their business holdings, assets and sources of income; lifestyle analysis to determine expenditure requirements and any post-separation variations in expenditure; and Duxbury calculations. He has has acted as an expert witness in Hong Kong and UK Court proceedings. He is a Chartered Accountant (UK), Certified Fraud Examiner (USA), Certified Valuation Analyst (USA).
HKCPG is holding an Advanced ADR Skills Training on 30-11-18 and 1-12-18. CPD points for HKMAAL and HK Law Soc have been granted.
Please see attached flyer for details.
The HKFLA will be holding its annual Christmas Quiz on Wednesday, 5 December 2018. We are pleased to let you know that our Court of Appeal will be Mr. Michael Hartmann.
Please find attached the flyer for more details.
The Chairman’s Report can be seen here.
The Honourable Justice Johnson Law Man Hon, VP delivered a rousing paper focused upon the development of the family law justice system in Hong Kong. He considers that soul searching questions are required of relevant professional and stakeholders which should not be confined to the redevelopment of the family law court and its relocation to new premises in Causeway Bay. Judicial investigation has been conducted to examine foreign law systems to assist in local understanding of how the family law system in Hong Kong can meet family demands.
Mr Justice Lam, called for lawyers and judges alike to focus less on the legal issues but rather to apply their minds to focus on the rebalancing of the family. That a holistic approach is required to deliver balanced family justice within a reasonable time and at proportionate cost.
He lamented the low Judge to cause ratio resulting is exceptionally high case loads for judges in Hong Kong providing a pressing need to address procedural and systemic failings within the system perhaps by the introduction of Masters within the Family Court. Other options were to improve the synergy between the litigation process and the mediation process which often runs parallel. Improvements in the quality of mediation and recourse to counselling will all improve the understanding of the parties and provide them their own opportunities to create long lasting solutions to their own individual circumstance.
The HKFLA sincerely thanks Mr Justice Lam for his time and we are sure the members of our association and the wider professions will have cause to continue to debate and look to provide solutions to our families here in Hong Kong.
The Hon Mr Justice Lam was born in Hong Kong in 1961. He obtained an LL.B. and P.C.LL. from the University of Hong Kong in 1983 and 1984 respectively. He was called to the Bar in Hong Kong in 1984 and was in private practice since 1985 until he joined the Judiciary as District Judge in 2001. He was appointed as Judge of the Court of First Instance of the High Court in 2003 and Justice of Appeal of the Court of Appeal of the High Court in 2012. He was appointed Vice President of the Court of Appeal of the High Court in September 2, 2013. He is currently the Vice-President of the Court of Appeal of the High Court, Chairman of the Judiciary’s Working Party on Mediation as well as the Member of the Steering Committee on Mediation and the Accreditation Sub-committee set up by the Secretary for Justice.*
*Source – Judiciary website
The Committee on Family Law will be holding a Private Adjudication Seminar at the Hong Kong Club from 16 to 18 November 2018.
Please see the attached flyer for more details.
Members and guests attended a talk by Dr. Jadis Blurton, Dr. Kristie Craigen and Dr. Alison Cook on Parental Assessments on Tuesday 9 October 2018.
About Dr. Jadis Blurton
Dr. Blurton is one of the foremost experts in her field, with over 30 years of experience in educational psychology and child development. Jadis received her Ph.D. in Developmental Psychology from the University of California, Riverside, and is licensed as a Clinical Psychologist in the U.S. Prior to coming to Hong Kong in 1996, Jadis taught at the University of California and California State University for several years, as well as practicing clinically and directing a children’s diagnostic clinic in West Virginia. In her time since founding the Family Development Center she has also become the Head of School of The Harbour School, where she furthers her educational vision. She is herself mother to six children.
About Dr. Kristie Craigen
Dr. Craigen is a clinical psychologist and psychometric testing specialist with over 10 years assessment experience in both clinical and organizational contexts. She received her under graduate degree in Psychology from Wollongong University, Australia and began her testing career with executive search and development firms. She subsequently received her M.A. in Clinical Psychology, and a Clinical Doctorate in Psychology (PsyD) from Alliant International University (California School of Professional Psychology). Dr. Craigen is also the mother of two children.
About Dr. Alison Cook
Dr. Cook has specialized in the psychometric testing of children and families for the last 10 years. She received her medical degree from London University and worked as both a GP and a Community Health Doctor to support children with medical needs in mainstream schools. Through training with the British Psychological Society, she expanded her field to assess and find support children experiencing academic, social or behavioral difficulties. Her assessment work also includes families undergoing divorce in the context of Family Court proceedings, making recommendations on how best to support the children moving forwards. For 10 years Alison has been elected an executive officer of the Psychotherapy Society of Hong Kong and she currently serves as Honorary Vice-President.
All members and guests are enthusiastically invited to a talk by Frances Judd QC on “Crossing the Payne barrier; is there a price to pay for international families?” to be held at the China Club on 20th September 2018 at 6:30pm.
About Frances Judd QC
Frances was called to the Bar in 1984. She took silk in 2006 and was appointed a Recorder in 2002 and a Deputy High Court Judge in 2011. She was Head of Harcourt Chambers from 2009 to March 2018 and became the Chair of the Family Law Bar Association of England and Wales in 2018. She has a strong practice in private law children’s cases involving relocation, abduction, surrogacy and adoption, as well extensive experience of public law child protection cases. She is an arbitrator (CIArb) and an accredited mediator.
She is a co-author of several books on children’s law, including ‘Relocation: A Practical Guide’ published by Jordan’s in 2013 and 2016, and is recommended in Chambers and Partners and the Legal 500.
For more information and to RSVP, please view and fill out the event flyer.