Eugene Yim

Call

2001 Called to the Hong Kong Bar

Professional Qualifications

2011 Accredited as mediator by CEDR

Areas of Practice

Conflicts of Law
Contract
Equity & Trusts
Family & Matrimonial Law
Injunction & Contempt
Mediation
Mental Health
Probate & Succession
Property & Land

Contact

Secretary: Ms. Genevieve Cheng
[email protected]

In full practice as a tenant of Bernacchi Chambers since October 2002, having a civil practice which comprises both litigation and advisory work, with a strong focus on matrimonial finance (including cases involving trusts, third party interests in land and property, nuptial agreements and cross-border divorces), children matters (such as custody disputes, applications under the Guardianship of Minors Ordinance, applications under the Parent and Child Ordinance, relocation cases and Hague Convention cases), conflict of laws, probate and inheritance (including applications under the Inheritance (Provision for Family and Dependents) Ordinance), and land and property claims.

Acts as mediator in all areas of civil law.

 

“Eugene Yim of Bernacchi Chambers maintains a varied civil and commercial practice, a significant proportion of which is concerned with matrimonial finance and child-related matters. One source calls him a ‘very experienced senior junior’ in the field, and interviewees speak of him as a ‘forceful and diligent advocate’ with a ‘quiet but persuasive’ presentational style. This latter characteristics also informs his work outside the courtroom, one contributor noting that his ‘calm, down to earth and pragmatic’ demeanour makes him ‘especially good at interacting with clients in an area where people can become aggressive.'”

—Chambers & Partners Asia-Pacific & Global 2020 – Family / Matrimonial – Spotlight Table

 

“Eugene Yim of Bernacchi Chambers has a versatile practice extending across the full commercial and civil law spectrum, and maintains a solid reputation for his extensive expertise in child-related and matrimonial finance disputes. He is endorsed as a “very experienced senior junior for family law” and boasts experience in cases involving trusts and third-party interests in land and property, in addition to custody and relocation issues.”

—Chambers & Partners Asia-Pacific & Global 2021 – Family / Matrimonial – Spotlight Table

 

Leading Family & Divorce Law Barristers – Hong Kong
“Recommended – Junior Counsel”

—Doyles Guide 2020, 2021

  • LLB (Hons), University of Hong Kong
  • LLM, King’s College London (Public International Law)
  • PCLL, University of Hong Kong
  • Queen’s College, Hong Kong
  • Deputy District Judge (Oct – Nov 2018)
  • Deputy District Judge, Family Court (Nov – Dec 2018)
  • Deputy Honorary Secretary, Hong Kong Bar Association (2020 – present)
  • Member, Family Proceedings Court Users’ Committee (since January 2021)

Matrimonial & Family (financial disputes)

  • CCL aka L, CC v JRC aka C, JR [2021] HKFC 21 (maintenance pending suit and legal costs provision) (led by Ms Anita Yip SC and with Ms Alison Choy)
  • YKY v The personal representatives of the estate of WSM [2020] HKFC 246 (expert evidence and valuation of private companies in the context of a claim brought by the surviving spouse under the Inheritance (Provision for Family and Dependents) Ordinance)
  • WJT v YATM [2020] HKFC 203 (financial provisions for child born out of wedlock); [2020] HKFC 241 (leave to appeal)
  • CCMJ v SMM [2020] HKFC 198 (costs relating to an application for financial provisions for a child born out of wedlock)
  • QMY v GSS [2020] HKFC 161 (financial provisions for child born out of wedlock)
  • CN v YTW [2020] HKFC 146 (jurisdiction and forum)
  • C v D [2020] HKFC 145 (separate representation for minors in the financial relief proceedings)
  • LSK v FYKL & TPY v FYKL [2020] HKFC 122 (successfully resisted an application for variation of maintenance pending suit and litigation funding)
  • LKB v FCM [2020] HKFC 31 (application for financial disclosure)
  • SPS v CYW [2019] HKFC 319 (leave to restore ancillary relief proceedings under rule 68 of Matrimonial Causes Rules)
  • HMY v CWCK [2019] HKFC 306 (successfully resisting an application to make absolute a decree nisi on divorce)
  • PKJ v WMLA [2019] HKFC 196 (litigation funding)
  • WGL v ASB [2019] HKCFI 1956 (costs on engaging expert)
  • LCYP v JEK [2019] HKCFI 1588 (trial on ancillary relief involving pre-nuptial agreement, offshore trusts, adding back of excessive litigation costs and avoidance applications) (led by Ms Anita Yip SC); [2019] HKCFI 857 (costs on discovery); [2018] HKCFI 1907 (litigation funding); [2019] HKCFI 237 (joinder of the trustee of an offshore trust); [2019] HKCFI 857 (costs on discovery)
  • TYT v LSC [2019] HKFC 32 (joinder of a third party involving disputed ownership of company shares)
  • YKY v WSM [2018] HKFC 224 (successfully resisting an application to make absolute a decree nisi on divorce) (led by Mr Selwyn Yu SC)
  • WYSL v FHCBA [2018] HKCFI 1543 (trial on ancillary relief involving avoidance applications, discretionary trusts and third party property claims) (led by Mr Robert Pang SC)
  • [2018] HKFC 178 (trial on preliminary issues involving constructive trust and resulting trust)
  • CWK v YCHS & Anor [2018] HKFC 52 (successfully resisting an application to vary/ amend costs orders or to commence taxation before conclusion of proceedings)
  • [2018] HKFC 42 (mareva injunction involving dispositions of company shares and joinder of an offshore company)
  • , FCMC 3920/2002, 14 January 2015 (leave to restore ancillary relief proceedings under rule 68 of Matrimonial Causes Rules); 24 April 2017 (trial on ancillary relief, financial non-disclosure and adverse inferences); [2018] HKFC 36 (indemnity costs relating to ancillary relief proceedings)
  • CLS v LPKP & Ors [2018] HKFC 17 (late amendment of pleadings in TL v ML proceedings)
  • LP v LWCF & Anor [2018] HKFC 2 (costs of a third party on an injunction application)
  • LSDS v BX, FCMC 8189/2017, 22 December 2017 (maintenance pending suit and litigation funding)
  • DA v SY, FCMC 14138/2014, 13 July 2017 (jurisdiction and forum)
  • WSM v YKY, FCMC 8306/2015, 10 July 2017 (trial on defended petition, length of separation, validity of separation agreement and estoppel by deed) (led by Mr Selwyn Yu SC)
  • QMY v GSS, FCMP 147/2012, 14 January 2014; [2015] 4 HKLRD 641; FAMV 24/2016, 29 September 2016; (2017) 20 HKCFAR 303 (jurisdiction of Guardianship of Minors Ordinance, Cap 13 and forum dispute) (led by Mr Robert Pang SC in CA and CFA)
  • CY v WTW, FCMC 15393/2014, 14 March 2016 & 5 October 2016; HCMP 2775/2016, 18 November 2016 (costs on prohibition order)
  • TWYR v NMC, FCMC 4937/2011, 15 November 2016 (interpretation of consent order)
  • , FCMP 97/2014, 31 October 2016 (financial relief for child born out of wedlock); 17 January 2017 (leave to appeal); HCMP 241/2017, 17 July 2017 (CA) (leave to appeal and paternity test)
  • , FCMC 16542/2013, 13 May 2016 (trial on preliminary issues and trust law)
  • DX v LN & Anor [2016] 5 HKC 485 (principles on prohibition orders in matrimonial proceedings)
  • WSW v CKU, CACV 249/2015, 3 August 2016 (appeal from final ancillary relief order)
  • TJ v XGM, FCMC 220/2015, 22 January 2016 (leave for commencing financial relief proceedings under Part IIA of Matrimonial Proceedings and Property Ordinance, Cap 192)
  • CWK v YCHS & Anor, [2015] HKLFR 509 (specific discovery); 10 December 2015 (maintenance pending suit) (led by Mr Robert Pang SC)
  • CMW v WTY & Anor, FCMC 8759/2010, 5 October 2015 (TL v ML procedures & joinder of parties); HCMP 1064/2016, 26 May 2016 (leave to file late affirmation)
  • JEK v LCYP, CACV 98/2015, 13 August 2015 (jurisdiction of divorce proceedings: domicile and substantial connections) (led by Ms Anita Yip SC)
  • DL v LRM, FCMC 8507/2013, 7 July 2015 (disclosure of documents under r 121 of Matrimonial Causes Rules, Cap 179A and implied undertaking); 10 July 2014 (maintenance pending suit) (led by Mr Robert Pang SC); 13 March 2014 (non-molestation injunction under Domestic & Cohabitation Relationships Violence Ordinance Cap 198) (led by Mr Robert Whitehead SC)
  • , FCMC 3920/2002, 14 January 2015 (leave to restore ancillary relief proceedings under rule 68 of Matrimonial Causes Rules); 24 April 2017 (trial on ancillary relief, financial non-disclosure and adverse inferences)
  • W v C [2014] HKFLR 54 (costs and Calderbank offers); 11 August 2014 (maintenance pending suit with legal costs contribution)
  • FCP v CLJY [2014] HKFLR 373 (discovery in matrimonial proceedings)
  • SX v LW, HCMC 8/2011, 30 July 2013 (appointment of guardian ad litem) (with Ms Anita Yip)
  • FQL v SKMJ, FCMC 10251/2011, 28 June 2013 (maintenance pending suit)
  • YCM v WHC, FCMC 6876/2012, 19 August 2013 (maintenance pending suit)
  • LWTC v PTH & Anor, FCMC 1648/2011, 28 May 2012 (ancillary relief and avoidance application re company shares)
  • YS v TTWD (Substantial Connection: Forum) [2012] HKFLR 129 (with Ms Anita Yip); [2011] HKFLR 439 (maintenance pending jurisdictional challenge) (with Ms Anita Yip)
  • KWTM v NSH (Maintenance Pending Suit) [2009] HKFLR 92 (contribution to legal costs)
  • L v L (Ancillary Relief Enforcement) [2007] HKFLR 121 (attachment order over salaries of civil servant)

Matrimonial & Family (children disputes)

  • YSYM v LHB [2020] HKCA 586 (appeal relating to an application for leave to remove children to Canada)
  • BMC v BGC [2020] HKCFI 222 (successfully resisting an Hague Convention application to return a child to USA)
  • FH & Anor v WB & Ors [2019] HKCFI 1748 (representing the Official Solicitor in an application involving the law on surrogacy)
  • CS v WCT [2019] HKFC 161 (choice of school)
  • LCH v JMC [2019] 4 HKLRD 242 (forum dispute of wardship proceedings and summary return order of the child); [2019] HKCFI 2521 (costs on children matters)
  • [2019] HKCA 540 (leave to appeal and admission of fresh evidence) [2018] HKFC 151 (costs of custody trial); [2018] HKFC 152 (leave to appeal on custody, care and control)
  • STY v LMSC [2018] HKFC 170 (choice of children’s education, choice of private tutoring, appointment of parenting coordinator and disputed school holidays)
  • Y v C [2018] HKFC 125 (trial on permanent relocation to Beijing, PRC)
  • ZJ v XWN [2018] HKFC 66 and [2018] 3 HKLRD 644 (leave to appeal from an order on permanent relocation to Australia) (led by Mr Robert Pang SC in CA)
  • LCL v QCR, FCMC 3953/2015, 26 January 2017 (trial on custody, care and control)
  • FCKY v WKK, FCMC 11728/2014, 18 May 2016 (trial on permanent relocation to Canada)
  • W, Y v L, KP, FCMC 4636/2015, 5 July 2016 (trial on permanent relocation to Shanghai, PRC) (led by Mr Robert Pang SC)
  • JEK v LCYP, HCMP 465/2015, 8 May 2015 (led by Mr Robert Pang SC) [2015] 4 HKLRD 798; [2015] 5 HKC 293 (led by Ms Anita Yip SC) (Hague Convention: habitual residence, wrongful retention and child’s objection defence)
  • TWC v LKL, FCMC 8460/2013, 12 December 2013 (child custody and admissibility of surveillance evidence) (led by Mr Robert Pang SC)
  • CLL v SW (Custody: Child Abuse) [2013] HKFLR 613 (variation of custody order involving allegations of child sexual abuse)

Other civil cases

  • Chan Wai Ming v Xie Weiqin & Ors, HCAP 8/2016, 27 October 2017 (engagement of handwriting experts and discovery of testamentary documents)
  • Wong Sik Yuk v Tsui Len, HCA 1194/2015, 9 January 2017 (striking-out in the context of an action to set aside ancillary relief orders on the ground of fraud) (led by Mr Robert Pang SC)
  • Chan Sung Lai v Chan Sung Lim & Anor [2015] 4 HKLRD 268 (constructive trust and whether use of CCTV evidence in breach of data privacy) (with Mr Andrew Mak)
  • Yuen Kin Tong v Lam Chi Sing, HCA 430/2012, 9 April 2015 (trust re company shares)