DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES

DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES

DISTRICT COURT (FIXED COSTS IN
MATRIMONIAL CAUSES) RULES

(Cap. 336, section 72(1))

[12 June 1987.]

1. These rules may be cited as the District Court (Fixed Costs in
Matrimonial Causes) Rules.

2. In these rules, unless the context otherwise requires-

11gided person' has the same meaning as in the Legal Aid Ordinance;

'ancillary relief ' has the same meaning as in the Matrimonial Causes
Rules;

'decree' means a decree nisi of divorce, and a decree of nullity or
judicial separation;

'election' means an election under rule 3 to take fixed costs in
accordance with these rules;

'Form' means a form specified in the Second Schedule;

'matrimonial cause' means any proceedings instituted under the
Matrimonial Causes Ordinance for

(a) divorce;

(b) nullity; or

(e) judicial separation.

3. (1) Where in a matrimonial cause

(a) a party is granted a decree; or

(b) an application, made in respect of a matter described in

Part 11 of the First Schedule, is granted,

with costs, whether as between party and party or not, the costs in
respect of the decree or the application, as the case may be, shall, if the
solicitor for the party or for the applicant so elects, be fixed in
accordance with the provisions of these rules instead of being taxed.

(2) If a party whose costs are to be fixed is an aided person then,
notwithstanding that his costs have been ordered to be taxed in
accordance with the Legal Aid (Scale of Fees) Regulations, the sums
payable under those regulations to the solicitor acting for him, where
the solicitor makes an election, shall be such of the fixed amounts
specified in the First Schedule as are applicable.

(3) The fixed costs that are payable under these rules shall be as
prescribed in the First Schedule.

(4) An election once made, shall be irrevocable in relation to the
order for costs in respect of which it is made.





4. (1) Notice of an election shall be given to the Registrar in
Form IA.

(2) The fixed costs, and any amount specified in paragraph 5
of the First Schedule that is claimed, shall be set out in a statement
of costs as shown in Form 1B, which shall be submitted with the
notice of election.

(3) Where any amount specified in paragraph 5 of the First
Schedule is claimed, the statement of costs shall be accompanied by
receipts, vouchers or any other documentary evidence relied upon in
support of such claim.

5. (1) Upon receipt of a notice under rule 4, the Registrar
shall consider any additional amounts claimed in the statement of
costs under paragraph 5 of the First Schedule, and shall notify the
solicitor making the election, of the amount of fixed costs and any
other amounts allowed.

(2) A notification under paragraph (1) shall be made in
Form 2, and the statement of costs, which shall show the fixed costs
and the amounts allowed by the Registrar if any, shall be returned
therewith.

6. (1) Where a solicitor accepts the amounts allowed by the
Registrar under rule 5, he shall return to the Registrar the statement
of costs together with his acceptance endorsed thereon.

(2) If the solicitor wishes to be heard on any amount allowed
by the Registrar on a claim made in respect of any matter specified in
paragraph 5 of the First Schedule, he shall within 14 days of the
receipt of the notification under rule 5 apply for an appointment
with the Registrar for the consideration of the statement of costs.

(3) At any such consideration the solicitor may submit to the
Registrar any documents, receipts or vouchers relied upon him
which had not been submitted under rule 4, and if the Registrar is of
the view that the amount allowed under rule 5 should be increased
he shall make the necessary adjustments in the statement of costs.

7. (1) Where a solicitor accepts the amounts allowed by the
Registrar in a notification made under rule 5 or where an amount is
allowed by a Registrar at a consideration under rule 6, the Registrar
shall issue a certificate in Form 3.

(2) For the purposes of enforcement of an order for costs fixed
or allowed in accordance with these rules, a certificate issued under
paragraph (1) shall have the same effect as an allocatur issued in
respect of taxed costs.

8. (1) These rules shall apply to and in relation to any
matrimonial cause in respect of which a petition has been filed, but
in which a decree has not been made, at the commencement of these
rules.





(2) Any matrimonial cause pending before the court at the
commencement of these rules in which a decree has been made but
which has not been finally disposed of, and any order for costs made
therein, shall have effect as if these rules had not been made.

FIRST SCHEDULE [rule 3.]

FIXED COSTS

1. In this Schedule'Ordinance' means the Matrimonial Causes Ordinance;
'Table' means the Table of Fixed Costs hereunder.

2. The costs specified in Part 1 of the Table shall include, where applicable,
the determination of all matters of custody, access and ancillary relief, if those
matters are determined at the time a decree nisi is made and separate attendance in
relation thereto is not required.

3. The costs specified in Part 11 ofthe Table shall apply in respect ofInatters
of custody, access or ancillary relief where separate attendance is required in
relation to such matters, and shall include all adjournments and interlocutory
applications.

4. The costs specified in Part 111 of the Table shall be allowed in addition to
any costs allowed under Part I or Parts 1 and 11 as fixed costs payable to a
solicitor under the Legal Aid (Scale of Fees) Regulations.

5. There shall be added to the costs fixed in accordance with the Table-

(a)all court fees payable including the court fee payable on the filing of the
petition;

(b) any reasonable disbursements as may be allowed by the Registrar.

TABLE OF FIXED COSTS

PART I

Item Matter Costs
Where a decree is made pursuant to-
(a) rule 47A ofthe Matrimonial Causes Rules (cause disposed of in
the special procedure list); or $3,000
(b) a petition filed pursuant to section 11 A(I)(a) of the Ordinance
(Adultery); or $4,500
(e) a petition filed pursuant to section 11 A(I)(b) ofthe Ordinance
(Behaviour); or $5,000
(d) a petition filed pursuant to section 11 A(I)(e) of the Ordinance
(Desertion); or $4,500
(e) a petition filed pursuant to section 11 A(I)(d) of the Ordinance
(Consent); or $4,000
(f) a petition filed pursuant to section 11 A(I)(e) of the Ordinance
(5 years Separation) . $4,000

PART II

Item Matter Costs
Where separate attendance is required in respect of the hearing
of a question of-
(a) either custody or access only or custody and access only; or $1,000





Item Matter Costs
(b) ancillary relief only; or $1,000
(c) custody, access and ancillary relief or ancillary relief and either
custody or access $51,200

PART III

Additional costs to be allowed in accordance with the Legal Aid
(Scale of Fees) Regulations 5400

SECOND SCHEDULE [rule 2.]

FORM IA [rule 4(1).]

Election to Take Fixed Costs

IN THE DISTRICT COURT OF HONG KONG

No . ....................of 19
Between .........................Petitioner
and .........................Respondent
(and .........................Co-Respondent)

We give notice that we elect to have the petitioner's/the respondent's/the
applicant's/our costs fixed pursuant to rule 3 of the District Court (Fixed Costs in
Matrimonial Causes) Rules.

We claim the items set out in the statement of costs (Form 111) delivered
with

this Form.
Dated the .........day of 19

Solicitorsfor the *petitioner
To the Registrar. respondent/applicant.

* Delete whichever is inapplicable.











We accept this statement of costs.

We accept the statement of costs as adjusted by the Registrar.

Dated the .......day of 19

Solicitorsfor the
*petitioner/
respondentlapplicant.

* Delete whichever is inapplicable.

FORm 2 [rule 5(2).]

Notice of Fixed Costs

(Heading as in Form IA)

The statement of costs is returned herewith.

No adjustment has been made.

OR

Adjustments have been made and if you accept them, relodge the statement in
the Divorce Registry, Ground Floor, Supreme Court, Queensway with your
acceptance endorsed thereon. If you object to any adjustment, please notify the
Registrar of your objection by letter within 14 days of receipt hereof so that the
statement of costs may be considered in your presence.

Dated the .......day of 19

Registrar.





FORm 3 [rule 7(1).]

Certificate of Fixed Costs
(Heading as in Form IA)
I certify that the costs in the cause have been fixed at-
Item Amount
1 . Fixed costs on the Decree under Part I of the Table*
2. Fixed costs on separate attendance under Part II of the Table*
3. Fixed common fund costs under Part III of the Table*

Amounts allowed under paragraph 5 of the First Schedule.
4. Court fees
5. Disbursements

Dated the .......day of 19

Registrar.

Table of Fixed Costs in the First Schedule.
L.N. 165/87. Citation. Interpretation. (Cap. 91.) (Cap. 179, sub. leg.) Second Schedule. (Cap. 179.) Election to take fixed costs. First Schedule. (Cap. 91, sub. leg.) First Schedule. Notice of election. Form 1A. First Schedule. Form 1B. First Schedule. Notification by the Registrar. First Schedule. Form 2. Acceptance of statement of costs. First Schedule. Certificate of fixed costs. Form 3. Transitional. (Cap. 179.) (Cap 91, sub. leg.)

L.N. 165/87. Citation. Interpretation. (Cap. 91.) (Cap. 179, sub. leg.) Second Schedule. (Cap. 179.) Election to take fixed costs. First Schedule. (Cap. 91, sub. leg.) First Schedule. Notice of election. Form 1A. First Schedule. Form 1B. First Schedule. Notification by the Registrar. First Schedule. Form 2. Acceptance of statement of costs. First Schedule. Certificate of fixed costs. Form 3. Transitional. (Cap. 179.) (Cap 91, sub. leg.)

https://oelawhk.lib.hku.hk/items/show/3276

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