Chapter:
336F
DISTRICT COURT (FIXED COSTS IN MATRIMONIAL Gazette Number Version Date
CAUSES) RULES
30/06/1997
Empowering section
(Cap 336, section 72(1))
[12 June 1987]
(Originally L.N. 165 of 1987)
Rule:
1
Citation
30/06/1997
These rules may be cited as the District Court (Fixed Costs in Matrimonial Causes) Rules.
(Enacted 1987)
Rule:
2
Interpretation
30/06/1997
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);
"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.
(Enacted 1987)
Rule:
3
Election to take fixed costs
30/06/1997
(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.
(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.
(Enacted 1987)
Rule:
4
Notice of election
30/06/1997
(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
Cap 336F - DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES
1
accompanied by receipts, vouchers or any other documentary evidence relied upon in support of such claim.
(Enacted 1987)
Rule:
5
30/06/1997
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.
(Enacted 1987)
Rule:
6
30/06/1997
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.
(Enacted 1987)
Rule:
7
30/06/1997
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.
(Enacted 1987)
Rule:
8
30/06/1997
(Omitted as spent)
(Enacted 1987)
Schedule:
1
FIXED COSTS
L.N. 52 of 2000
03/03/2000
[rule 3]
1. In this Schedule"Ordinance" (條例) means the Matrimonial Causes Ordinance (Cap 179);
"Table" (列表) means the Table of Fixed Costs hereunder.
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 shall apply in respect of matters 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 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).
Cap 336F - DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES
2
4A. The cost specified in Part IV of the Table shall apply in respect of the substituted service of a petition and any
other documents. (L.N. 52 of 2000)
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 (cause disposed of in the special
procedure list)
(b)
a petition filed pursuant to section 11A(2)(a) of the Ordinance (Adultery)
(c)
a petition filed pursuant to section 11A(2)(b) of the Ordinance (Behaviour)
(d)
a petition filed pursuant to section 11A(2)(c) of the Ordinance (Consent)
(e)
a petition filed pursuant to section 11A(2)(d) of the Ordinance (2 years Separation)
(f)
a petition filed pursuant to section 11A(2)(e) of the Ordinance (Desertion)
8800
12600
14200
11700
11700
12600
(L.N. 52 of 2000)
PART II
2.
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
(b)
ancillary relief only
(c)
custody, access and ancillary relief or ancillary relief and either custody or access
4200
5000
8400
plus
For each subsequent attendance after the first chambers appointment
1700
(up to a maximum
of $13400 per
matter)
PART III
3.
Additional costs to be allowed in accordance with the Legal Aid (Scale of Fees) Regulations
700
(L.N. 52 of 2000)
PART IV
4.
Substituted service of a petition and any other documents
Schedule:
2
3700
(L.N. 52 of 2000)
(L.N. 245 of 1991)
L.N. 52 of 2000
03/03/2000
[rule 2]
FORM 1A
Cap 336F - DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES
[rule 4(1)]
3
Election to Take Fixed Costs
IN THE DISTRICT COURT OF HONG KONG
No. .................... of 20 ......
Between
and
(and
Petitioner
Respondent
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 Costs
on Decree
Special Procedure
Adultery
Behaviour
Consent/2 years Separation
Desertion
Part II
Fixed Costs on
Separate
Attendance
Custody/Access/
Custody & Access
Amount
$
Costs allowed by Registrar
[1st Schedule Paragraph 5]
Court
Fees
Disbursements
Total
$
8800
12600
14200
11700
12600
Amount
$
Costs allowed by Registrar
[1st Schedule Paragraph 5]
Court
Fees
Cap 336F - DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES
Disbursements
Total
$
4
Ancillary Relief
Custody, Access &
Ancillary Relief/
Ancillary Relief,
Custody or Access
Part III
Common Fund Costs
Part IV
Substituted Service
700
3700
Total of Fixed Costs
Total of
Disbursements
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)
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
Cap 336F - DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES
5
(Heading as in Form 1A)
I certify that the costs in the cause have been fixed atItem
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 of a petition and 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)
(Enacted 1987)
Cap 336F - DISTRICT COURT (FIXED COSTS IN MATRIMONIAL CAUSES) RULES
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