Application Proceedings In Civil ProcedureIf you are petitioning for divorce on your own account, fill in a petition kind and take it personally to the Family members Court Registry, M2, Wanchai Law Courts, Wanchai Tower, 12 Harbour Road, Hong Kong. The Supreme Court Guidelines offer that in cases of urgency ‘the court or a judge may possibly dispense with the types and service provided for in these guidelines and may dispose of such matter at such time and location and in such manner and in accordance with such procedure (which shall so far as practicable be in terms of these guidelines) as to it seems meet suitable’.

Nevertheless, when a single of the contracting parties demands the payment of for instance the rent or of back wages or he asks for an additional overall performance in compliance with such an agreement, his action is governed by the guidelines for summons proceedings. Use of the application process when some other procedure is compulsory (for instance, the bringing of an application for divorce) will likewise result in the application getting dismissed with costs, in this instance on the basis that an irregular proceeding has been employed.

Except in circumstances of urgency in the Supreme Court the notice of motion need to allow the respondent at least 5 court days (14 court days if the state is the respondent) following service upon him or her by the sheriff inside which to indicate the intention of opposing the application. The defendant is bringing the application to rescind the … Read the rest >>>