Setting aside of disposition of assets – Acting for a party in opposing the other party’s application to set aside the allotment of shares in a company related to the family members. This case will become the first case in Hong Kong to be tried at the Trial to address the question of whether an allotment of shares is a disposition capable of being set aside under s.17 of the Matrimonial Proceedings and Property Ordinance (Cap. 192).
Financial discovery – Acted for a party in a successful application for financial discovery against the other party who was extremely uncooperative.
Third party interests – Third party interests is a growing feature in Hong Kong divorce cases, particularly given the practice of Chinese parents having their children hold assets on their behalf. Joining third parties into Divorce Proceedings in order to ascertain the beneficial interest of an asset is inevitable. Elaine is involving in cases for both husband and wife to argue and defend the party’s position.
Maintenance pending suit/legal costs provision – Elaine regularly assists her clients in successfully obtaining maintenance pending suit and legal costs provision, with costs orders in their favour.
Enforcement proceedings – Elaine has successfully obtained remedies against a party who failed to comply with court orders. This includes garnishee orders in cases where one party failed to make payment pursuant to court orders, and a prohibition order against a party who failed to answer the Questionnaire despite being ordered to do so.
Elaine has also assisted many clients in reaching settlement, and often such settlement involves corporate law and foreign elements. These include a case where the main asset to be shared was the future sale proceeds of a Niseko chalet project – the chalet project was still in preliminary stages of development at the time of settlement discussions. In another case where Elaine successfully assisted a party to push the other party to transfer his interests in a Singapore property pursuant to a Power of Attorney in light of the COVID-19 situation. Elaine worked with Singapore lawyers to finalize the terms of the Power of Attorney and to ensure the transfer was successfully completed.