| (Webinar via Zoom) Practical and Legal Considerations for Payment into Court under the Trustee Ordinance |
| Date: |
20 September 2024 (Friday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
3 CPD pts (Accredited by The Law Society of Hong Kong) |
| Ref: |
L24CP02 |
| Venue: |
Webinar Course
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Presenter's Biography:
Felix was called to the Hong Kong Bar in 2019. Since then, he has maintained a mixed practice in civil and criminal matters, with particular emphasis in areas of commercial, trusts and personal injuries law. Outside of practice, Felix has been a part-time lecturer across various institutions, including being appointed as a lecturer and tutor of the Equity and Trusts module of the Graduate Diploma in English and Hong Kong Law at HKU SPACE. He currently serves as the Treasurer on the Standing Committee of Young Barristers and as a member on the Standing Committee of Civic Education at the Hong Kong Bar.
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Objective:
To enable participants to gain insights into the practical and legal aspects of making an application for payment into court under sections 56 and 62 of the Trustee Ordinance (Cap. 29).
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Outline:
The payment into court mechanism under the Trustee Ordinance acts as a legal recourse for trustees who have been unable to deal with the unclaimed assets of their beneficiaries. This commonly occurs when securities brokers are despite repeated attempts, are unable to contact their clients to return the said assets.
Legal practitioners who take on such cases will have to be cognisant of the legal requirements and practical considerations when making such applications to the Court.
The course will cover the following topics:
- The principles laid down under the Trustee Ordinance and the Rules of High Court/District Court;
- The Court's discretion and approach in these matters under Re K&R International Ltd [2021] 2 HKLRD 47, Re Joint and Several Liquidators of Bankamerica Nominees (Hong Kong) Ltd [2020] HKCFI 399, among other case law;
- What steps trustees should take before considering an application;
- Practical points to consider when preparing the summons and supporting affirmation; and
- The usual order sought before the Court, and further necessary steps taken subsequent to the order.
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| Category: |
Civil Litigation & Procedure |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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