Cap. 336 sub. leg. F

District Court (Fixed Costs in Matrimonial Causes) Rules(Cap. 336, section 72(1))[12 June 1987](Format changes—E.R. 3 of 2021) 1. Citation These rules may be cited as the District Court (Fixed Costs in Matrimonial Causes) Rules. 2. Interpretation In these rules, unless the context otherwise requires—aided person (受助人) has the same meaning as in the Legal Aid Ordinance (Cap. 91);ancillary relief (附屬濟助) has the same meaning as in the Matrimonial Causes Rules (Cap. 179 sub. leg. A); (E.R. 3 of 2021)decree (判令) means a decree nisi of divorce, and a decree of nullity or judicial separation;election (選擇) means an election under rule 3 to take fixed costs in accordance with these rules;Form (表格) means a form specified in the Second Schedule;matrimonial cause (婚姻訴訟) means any proceedings instituted under the Matrimonial Causes Ordinance (Cap. 179) for—(a) divorce;(b) nullity; or(c) judicial separation. 3. Election to take fixed costs (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 II 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 (Cap. 91 sub. leg. C), 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. (E.R. 3 of 2021)(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. Notice of election (1) Notice of an election shall be given to the Registrar in Form 1A.(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. Notification by the Registrar (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. Acceptance of statement of costs (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. Certificate of fixed costs (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. Transitional (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. Editorial Note: * Commencement date: 12 June 1987. 9. Transitional provision for District Court (Fixed Costs in Matrimonial Causes) (Amendment) Rules 2024 (1) If, in relation to a matrimonial cause—(a) a decree described in Part I of the pre-amended Table is made before the commencement date; and(b) a notice of election is given to the Registrar on or after that date,then, the costs specified in the pre-amended Rules in respect of the decree continue to apply in relation to the decree as if the Amendment Rules had not been made.(2) If, in relation to a matrimonial cause—(a) an attendance described in Part II of the pre-amended Table takes place before the commencement date; and(b) a notice of election is given to the Registrar on or after that date,then, the costs specified in the pre-amended Rules in respect of the attendance continue to apply in relation to the attendance as if the Amendment Rules had not been made.(3) If, in relation to a matrimonial cause—(a) a Court order allowing substituted service described in Part IV of the pre-amended Table is granted before the commencement date; and(b) a notice of election is given to the Registrar on or after that date,then, the costs specified in the pre-amended Rules in respect of the service continue to apply in relation to the service as if the Amendment Rules had not been made.(4) In this rule—Amendment Rules (《修訂規則》) means the District Court (Fixed Costs in Matrimonial Causes) (Amendment) Rules 2024 (L.N. 1 of 2024); (E.R. 4 of 2024)*commencement date (實施日期) means the date on which the Amendment Rules come into operation;pre-amended Rules (《原有規則》) means these rules as in force immediately before the commencement date;pre-amended Table (原有列表) means the Table of Fixed Costs in the First Schedule as in force immediately before the commencement date.(L.N. 1 of 2024) Editorial Note: * Commencement date: 1 March 2024. First Schedule [rr. 3, 4, 5, 6 & 9 & 2nd Sch.](L.N. 1 of 2024)Fixed Costs 1. In this Schedule—half-day hearing (半日聆訊), in relation to a financial dispute resolution hearing or children’s dispute resolution hearing, means a hearing held at any time during either of the following periods of a day—(a) from 9:30 a.m. to 1 p.m.;(b) from 2:30 p.m. to 4:30 p.m.; (L.N. 1 of 2024)Ordinance (條例) means the Matrimonial Causes Ordinance (Cap. 179);Table (列表) means the Table of Fixed Costs hereunder; (L.N. 1 of 2024)whole-day hearing (整日聆訊), in relation to a financial dispute resolution hearing or children’s dispute resolution hearing, means a hearing held at any time during both of the following periods of a day—(a) from 9:30 a.m. to 1 p.m.;(b) from 2:30 p.m. to 4:30 p.m. (L.N. 1 of 2024) 2. The costs specified in Part I 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 II of the Table apply in relation to a children’s appointment, first appointment, financial dispute resolution hearing, children’s dispute resolution hearing and any other hearing in respect of matters of custody, access or ancillary relief, where separate attendance is required, and include all adjournments and interlocutory applications. (L.N. 1 of 2024) 4. The costs specified in Part III of the Table shall be allowed in addition to any costs allowed under Part I or Parts I and II as fixed costs payable to a solicitor under the Legal Aid (Scale of Fees) Regulations (Cap. 91 sub. leg. C). (E.R. 3 of 2021) 4A. The costs specified in Part IV of the Table apply in relation to the substituted service, and the dispensing with service, of a petition and any other documents. (L.N. 52 of 2000; L.N. 1 of 2024) 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 Item Matter Costs$ Part I 1. Where a decree is made in pursuant to— (a) rule 47A of the Matrimonial Causes Rules (Cap. 179 sub. leg. A) (cause disposed of in the special procedure list) 9,500 (b) a petition filed pursuant to section 11A(2)(a) of the Ordinance (Adultery) 12,600 (c) a petition filed pursuant to section 11A(2)(b) of the Ordinance (Behaviour) 14,200 (d) a petition filed pursuant to section 11A(2)(c) of the Ordinance (Consent) 11,700 (e) a petition filed pursuant to section 11A(2)(d) of the Ordinance (2 years Separation) 11,700 (f) a petition filed pursuant to section 11A(2)(e) of the Ordinance (Desertion) 12,600 (L.N. 52 of 2000; E.R. 3 of 2021; L.N. 1 of 2024) Part II 2. Where separate attendance is required in— (L.N. 1 of 2024) (a) a children’s appointment, or a hearing in respect of matters of either custody or access only or custody and access only 10,000 (b) a first appointment, or a hearing in respect of matters of ancillary relief only 10,000 (c) a children’s appointment and first appointment, or a hearing in respect of matters of custody, access and ancillary relief 15,000 (d) a financial dispute resolution hearing or children’s dispute resolution hearing 7,000 (half-day hearing) 12,000 (whole-day hearing) plus For each subsequent attendance after the first chambers appointment 3,200 (up to a maximum of 42,000 per matter) (L.N. 1 of 2024) Part III 3. Additional costs to be allowed in accordance with the Legal Aid (Scale of Fees) Regulations (Cap. 91 sub. leg. C) 1,000 (L.N. 52 of 2000; E.R. 3 of 2021; L.N. 1 of 2024) Part IV 4. Substituted service, or dispensing with service, of a petition or any other documents 5,000 (L.N. 52 of 2000; L.N. 1 of 2024) (L.N. 245 of 1991) Second Schedule [rule 2] Form 1A [rule 4(1)] Election to Take Fixed Costs IN THE DISTRICT COURT OF HONG KONG No. .................... of 20 .................... 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 1B) delivered with this Form. Dated the . day of ., 20 . Solicitors for the *petitioner/respondent/applicant. To the Registrar. * Delete whichever is inapplicable. (L.N. 52 of 2000)_ Form 1B [rule 4(2)] Statement of Costs Part I Fixed Costson Decree Amount$ Costs allowed by Registrar[1st Schedule Para. 5] CourtFees Disbursements Total$ Special Procedure 9,500 Adultery 12,600 Behaviour 14,200 Consent/2 years Separation 11,700 Desertion 12,600 Part II Fixed Costs onSeparateAttendance Amount$ Costs allowed by Registrar[1st Schedule Para. 5] CourtFees Disbursements Total$ Children’s Appointment, or Hearing in respect of Matters of either Custody or Access only or Custody and Access only First Appointment, or Hearing in respect of Matters of Ancillary Relief only Children’s Appointment and First Appointment, or Hearing in respect of Matters of Custody, Access and Ancillary Relief Financial Dispute Resolution Hearing or Children’s Dispute Resolution Hearing Part III Fixed Costs onSeparateAttendance Amount$ Costs allowed by Registrar[1st Schedule Para. 5] CourtFees Disbursements Total$ Common Fund Costs 1,000 Part IV Substituted Service or Dispensing with Service 5,000 Total of Fixed Costs Total ofDisburse-ments Total Costs We accept this statement of costs. We accept the statement of costs as adjusted by the Registrar. Dated the . day of ., 20 . Solicitors for the *petitioner/respondent/applicant. * Delete whichever is inapplicable. (L.N. 52 of 2000; L.N. 1 of 2024) _ Form 2 [rule 5(2)] Notice of Fixed Costs (Heading as in Form 1A) 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, High 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 ., 20 . Registrar. (25 of 1998 s. 2; L.N. 52 of 2000) _ Form 3 [rule 7(1)] Certificate of Fixed Costs (Heading as in Form 1A) 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* 4. Fixed costs on the substituted service, or the dispensing with service, of a petition or any other documents under Part IV of the Table* Amounts allowed under paragraph 5 of the First Schedule. 5. Court fees 6. Disbursements Dated the . day of ., 20 . Registrar. * Table of Fixed Costs in the First Schedule(L.N. 52 of 2000; E.R. 3 of 2021; L.N. 1 of 2024)