Practice Directions

2.    The petitioner may, at the same time, file any corroborative evidence on which he intends to rely.

3.    The Registrar will give directions for trial by entering the cause in the Special Procedure List, and will thereafter consider the evidence filed by the petitioner.

4.    If the Registrar is satisfied that the petitioner has sufficiently proved the contents of the petition and is entitled to the decree sought and any costs prayed for, and that there are no chldren of the family to whom s.18 of the Matrimonial Proceedings and Property Ordinance (Cap.192) applies, he will give a certificate to this effect. A day will thereafter be fixed for the pronouncement of a decree by a judge in open court. A copy of the Registrar’s certificate and of the notification of the day and place so fixed will be sent by the court to each party, or his solicitor if he is legally represented.

       If the Registrar is not satisfied as in para.4 above, he may either give the petitioner an opportunity to file further evidence or remove the cause from the Special Procedure List. Notice of his decision will be sent to the petitioner or his solicitor, who should either file further evidence (at the same time requesting renewal of the application for directions for trial) or apply for directions for trial in accordance with the general procedure by lodging Form SC 318.

5.    Where an agreement is reached between the parties as to financial provisions consequent upon the decree and an order of the court is required for the purpose of giving effect to such agreement, the petitioner may, if desired, when applying for directions for trial, lodge a minute of the agreed order signed by both parties or, if represented by solicitors, by their solicitors. As to the incorporation of agreed financial provisions in orders of the court, reference should be made to the Practice Direction (Decrees and Orders: Agreed Terms) (at p.16.12 [replaced by new PD No 15.8]). The document required to be lodged under para.2 of that Practice Direction need not be filed in addition to the minute of the agreed order

      The draft minute will be perused by the Registrar when he considers the evidence in support of the petition. If he is of opinion that an order should be made in the terms of the draft, or that terms of agreement be filed and made an order of court, as the case may be, he will include a statement to this effect in his certificate. If there are matters which need to be clarified he will request the petitioner or his solicitor to deal with them before he issues his certificate.

      Alternatively, application for an order for ancillary relief, by consent or otherwise, may be made to the Registrar in accordance with the normal practice after the decree has been pronounced. Any application under s.17A of the Matrimonial Causes Ordinance (Cap.179) can normally be dealt with by the Registrar at this stage.

6.    Since it is unnecessary for the petitioner to attend or be represented at court on the day fixed for the disposal of the cause, no costs of such attendance will normally be allowed. Cases will be called on in a group, and, if no cause is shown to the contrary, the judge will pronounce decrees and make any consequential orders as to costs and ancillary relief in the terms set out in the respective Registrar's certificates.

7.    Subsequent procedure will be in all respects in accordance with that applicable to causes tried before a judge in the normal way.