GENERAL DIRECTION 1.2

GENERAL DIRECTION 1.2

ISSUED UNDER SECTION 15 OF
THE FAMILY PROCEDURE ORDINANCE (CAP. 646)

CASE MANAGEMENT AND TIME TABLING IN CHILDREN AND
ANCILLARY RELIEF PROCEEDINGS

Introduction.

1.  This General Direction is intended to achieve better case management in children proceedings (“Children Proceedings”) and ancillary relief proceedings (“AR Proceedings”) which fall within the existing PD 15.11 and PD 15.13 and is intended to supplement those practice directions.  These directions apply to all cases in the Family Court, whether it is commenced before or after these directions were issued.

2.  Under section 15 of the Family Procedure Ordinance (Cap. 646), the Registrar may under the general or special directions of a judge hear and determine an application or matter in a family proceeding that may be heard and determined in chambers.  The applications and hearings that may be heard by the Registrar or a Master (collectively “the Family Court Masters”) have been set out in the General Direction 1.1 on Proceedings Before Masters in the Family Court.

3.  In addressing the issue of delay in Children Proceedings and AR Proceedings, target time tables are to be introduced so that the parties shall have a target completion date for their proceedings.  The target time tables are also applicable to litigants in person (“LIP”).

4.  In setting the target time tables, it is important that they are achievable by the parties with reasonable diligence.  If there are exceptional circumstances requiring the time tables to be adjusted, a party may apply to the court for variation of the milestone dates in the timetable or further directions.

Case. Management Hearing (“CMH”) before the Family Judge

5.  All First Appointments (“FA”) under the Financial Dispute Resolution (“FDR”) procedure and Children Appointments (“CA”) under the Children’s Dispute Resolution (“CDR”) procedure will be listed before the Family Court Masters and the case will only be transferred to a Family Judge when the case is ready for a CMH.  Unless otherwise directed by the Family Court Master, the FA and CA will be processed on papers with directions issued by the Family Court Master without any oral hearing.

6.  Under PD 15.11, there are filing requirements of documents under paragraphs 2, 4, and 4A and under PD 15.13, there are filing requirements of documents under paragraph 9.

7.  In the case of AR Proceedings to which PD 15.11 applies, the draft questionnaire to be lodged under paragraph 4b of PD 15.11 shall not initially exceed 10 pages (paper size A4, single side printing, double line spacing, font size 14) (including all annexures).  Only in very complex cases that a questionnaire of up to 15 pages may be allowed but only with good justifications. Any further questionnaire shall only be filed with leave of the Family Judge at the CMH.

8.  If either party has failed to comply with the requirements set out in paragraph 6 above, the Family Court Master will issue case management directions on paper, including unless orders, if appropriate. The date originally fixed for that FA or CA will be adjourned to another date for the defaulting party’s compliance.   The Family Court Master’s paper directions may include, in the case of CA, the preparation of social investigation reports and/or other relevant reports and adjournment of the FA or CA to another date.

9.  If the defaulting party shall continue in his default of compliance, the Family Court Master may hold an oral hearing and / or adjourn the hearing to the Family Judge for a CMH.

10.  Upon compliance with the directions given by the Family Court Master or upon the satisfaction of the Family Court Master that the case is ready to be dealt with by the Family Judge, he will transfer the case to the Family Judge for a CMH. At the same time, the Family Court Master may also give further case management directions, including the answering of questionnaires, the filing of further evidence, including expert evidence, and other appropriate directions.

Target. Time Tabling

11.  In matrimonial causes involving Children Proceedings and / or AR Proceedings, since there is a need for a party (e.g. the Petitioner) to effect proper service and to deal with the main suit, the target time tabling procedure will be initiated by the Family Judge at the CMH when it is clear that the main suit will not be contested and the granting of Decree Nisi (“DN”) is just a matter of course.

12.  In the case of Children Proceedings not within the context of a matrimonial cause, the target time tabling procedure will be initiated by the Family Judge at the CMH.

13.  At the CMH, there needs to be an appraisal by the Family Judge on the complexity of the Children Proceedings or AR Proceedings and duration of the trial before setting the target time table.  The proceedings will be divided into the following categories:

(1)  Short cases (estimated time of the trial on Children Proceedings and the trial on AR Proceedings to be not more than 2 days respectively) (“Short Cases”);

(2)  Medium cases (estimated time of the trial on Children Proceedings and the trial on AR Proceedings to be not more than 4 days respectively) (“Medium Cases”);

(3)  Long cases (estimated time of the trial on Children Proceedings and the trial on AR Proceedings to be 5 days or more respectively) (“Long Cases”).

  

Cases. involving an agreement

14.  Parties are encouraged to attend mediation, and / or other dispute resolution schemes prior to the issue of proceedings to achieve an agreement on all issues.  In the event that there is agreement before commencement of proceedings or at a time before CMH, a copy of the agreement should be filed together with the petition / joint application/originating summons and / or other originating process. When a Family Court Master is satisfied that the agreement has been filed, the Family Court Master may make the necessary orders without referring the matter to the Family Judge. If agreement is reached after CMH, the matter will be handled by the Family Judge.

15.  In the event of a matrimonial cause upon the lodging of a consent summons with an agreement being filed as stated in paragraph 14 above, and the agreed terms being approved by the Family Court Master or Family Judge, the target time for conclusion will be within 3 months from the registrar entering the cause in the special procedure list with an order being granted in the approved terms, and within a further 3 months for the DN (if applicable) to be made absolute (subject to there being no outstanding requisitions from the Family Court Registry in the proceedings and the said application (if applicable) being made promptly after DN).

16.  In the event of other proceedings, upon lodging a consent summons with an agreement being filed as stated in paragraph 14 above, and the agreed terms being approved by the Family Court Master or Family Judge, the target time for conclusion of the proceedings will be within 1 month.

Cases. involving both Children Proceedings and AR Proceedings

17.  In a case involving both Children and AR Proceedings, the target time table for conclusion of the 3 level of cases are:

(1) Short Cases within 23 months from the CMH.

(2) Medium Cases within 27 months from the CMH.

(3) Long Cases within 32 months from the CMH.

18.  The details of the target time table are as follows:

[PTR= Pre-trial Review]

Cases. involving AR Proceedings only

19.  In a case involving AR proceedings only, the target time table for conclusion of the 3 level of cases are:

(1) Short Cases within 13 months from the CMH.

(2) Medium Cases within 17 months from CMH.

(3) Long Cases within 22 months from the CMH.

20.  The details of the target time table are as follows:

[PTR= Pre-trial Review]

21.  Under the above target time tables, the trial dates will be fixed at the CMH and each case will have hearings at roughly 3-6 months’ intervals, depending on the nature of the hearings.  The CMH / PTR will be listed for 30-60 minutes, depending on circumstances.  The CDR / FDR will be listed for a half / whole day hearing.  The CDR / FDR / Trial dates are milestone dates. 

22.  For the AR Proceedings, the Family Judge will fix the target time table at the CMH including fixing an FDR before another Judge (FDR Judge). In case of a failed FDR, the case will be transferred back to the Family Judge for trial.  Under special circumstances, the Family Judge may exercise discretion to keep the FDR and fix the trial before another Judge.

23.  At or after fixing the target time table, the Family Judge will exercise strict and robust case management to ensure that the target time table is complied with.  With more time being allotted to each hearing, better and more comprehensive case management directions could be given and proper investigation into non-compliance could be carried out, if needed.  Any non-compliance without reasonable explanation will be visited with adverse costs orders.  Interlocutory applications (e.g. for interim custody / access, interim maintenance / MPS, answering of questionnaires) will be dealt with by either the Family Court Master or Family Judge, and would be by way of paper disposal as far as practicable.

24.  In order to maximize the utility of the Family Court Master system, the Family Court Masters are given the powers to hear CDR or FDR in appropriate cases.  It is anticipated that most CDRs and FDRs will continue to be heard by Family Judges, some more straightforward CDRs or FDRs may be handled by the Family Court Masters, in particular, those involving LIP.

Third. Parties having or claiming an interest in the matrimonial properties

25.     It is recognized that there is an increasing number of third parties claiming an interest in the family pot, but that should not be an obstacle in having an FDR involving the third party, who are usually close family members or related companies.  In the unfortunate event of a failed FDR, the trial on claims by third party / parties could still be heard at the same time of the AR claim(s).  Only if that is impracticable, the Family Judge may direct that the AR trial to be conducted after the conclusion of the Preliminary Issues trial.

Effective. Date & Applicability

26.  This General Direction will take effect on 3 October 2023 and replace the PDSL 10.4 on Guidance Note on Case Management and Time Tabling in Children and Ancillary Relief Proceedings.  

27.  Although this General Direction is intended to apply to Children Proceedings and AR Proceedings, the listing and time tabling arrangements may be applied to other family proceedings, if appropriate.

Dated this 15^th day of September 2023.