2017 (Hong Kong)
Areas of Practice
Equity & Trusts
Family & Matrimonial Law
Injunction & Contempt
Probate & Succession
Public Law & Judicial Review
Recently recognised as a “Rising Star” in Family and Private Law by the Legal 500 (2022) and as a leading junior barrister in “Family & Divorce Law” by Doyle’s Guide (2022) Madeleine’s practice is primarily civil litigation based, with a particular specialisation in family/matrimonial law.
“An exceptional barrister. Intelligent, articulate and incisive. She reads the court well and is nimble on her feet.” – The Legal 500, Asia Pacific Hong Kong Bar (2022).
Madeleine has broad experience in the Family Court and High Court regarding all manner of contested financial and child related matters, including:
– Financial dispute resolution hearings;
– Children dispute resolution hearings;
– Maintenance pending suit and litigation funding applications;
– Ancillary relief trials and preliminary issue trials (trusts, properties, companies etc.);
– Custody, care and control disputes, relocation applications, and applications under the Guardianship of Minors Ordinance;
– Jurisdiction disputes (e.g., disputes under section 3 of the MCO, forum non conveniens, stay applications).
Madeleine also has experience in urgent ex parte applications (s 17 MPPO, DVO) obtaining various reliefs, and probate and inheritance (including applications under the Inheritance (Provision for Family and Dependents) Ordinance) cases. A profile of Madeleine’s selected cases is available on the Bernacchi Chambers website.
In addition to family law, Madeleine has experience in civil litigation matters, including actions in tort and trust related cases. Madeleine’s experience extends beyond advocacy to include providing written opinions, legal advice, and participating in mediation.
- Postgraduate Certificate in Law (PCLL), The Chinese University of Hong Kong
– Distinguished Scholarship Placement
- Juris Doctor (JD), The Chinese University of Hong Kong
– Sole recipient of JSM Prize in Jurisprudence
– International Criminal Court Moot at the Hague
- Chinese (Mandarin) Language Program, Tsinghua University, Beijing
- BA (English and History) (Hons.), The University of York, United Kingdom
- GM-SA aka DG, M-S v DDPJ  HKCA 870 – Appeared for the successful respondent/plaintiff husband in the Court of Appeal , securing leave to adduce expert evidence on foreign law for the purposes of a trial to set aside a consent order, led by Mr. John Scott SC.
- FNG v. BCJ  HKCFI 654 – Represented the successful defendant in the Court of First Instance seeking dismissal of the plaintiff’s summons for “further and better records” under s 11(1) of the Enduring Powers of Attorney Ordinance, and secured costs payable personally by the plaintiff on a trustee basis, led by Mr. Robert Whitehead SC.
- PH v. DL  HKFC 166 – Appeared for the respondent, who successfully challenged the jurisdiction of the Hong Kong courts to determine the parties’ divorce (lack of substantial connection), led by Mr. Richard Todd QC.
- KLT also known as KLP v. CP  HKFC 102 – Ancillary relief trial. Secured clean break for the petitioner, child maintenance, and indemnity costs against the respondent who refused to participate in the Hong Kong proceedings.
- M, KC formerly known as M, FY v. H,A formerly known as H,A  HKFC 201 – Maintenance pending suit and litigation funding.
- L, AP v P, GG  HKFC 20 – Represented the successful petitioner wife in her application for maintenance pending suit (backdated to the date of the summons) and litigation funding, and obtained costs against the husband on an indemnity basis payable forthwith.
- V, RHM v V, ES also known as B, ES  264 – Represented the petitioner husband who successfully resisted the wife’s application for maintenance pending suit (HK$363,500 p/month, subsequently HK$86,110 p/month), interim maintenance, and litigation funding of HK$400,000 per month.
- FNG v BCJ  HKCA 16 – Represented the successful defendant in the Court of Appeal (led by Mr. Robert Whitehead SC), which clarified the power of the courts under the Enduring Powers of Attorney Ordinance (Cap. 501).
- ACF v SJF (formerly known as SJJ)  HKFC 144. Represented the successful respondent wife in a maintenance pending suit application.
- GM-SA also known as DG, M S v. DDPJ  HKCA 488. Represented the applicant husband in the Court of Appeal (led by Mr. David Pilbrow SC) arguing the setting aside of a Family Court Consent Order, the jurisdiction of the High Court and District Court in Hong Kong, and the enforcement and/or stay of a Consent Order pending determination of the application.
- X AND ANOTHER v. Z  HKCFI 826. Represented the successful plaintiffs; secured an ex-parte injunction and interlocutory injunction inclusive of a gagging order, anonymisation of the parties, and an order that the hearings proceed in private (torts of intimidation and harassment).
- Siu Nai Ying and Another v. Octagon Workshop Ltd. & Ors  HKCFI 2952. Claim concerning conspiracy to injure by unlawful means, harassment, intimidation, and negligence. Secured ex-parte injunction (and its continuation). Represented the successful plaintiffs in defending a strike out application, led by Mr. Robert Whitehead SC.
- SSLT v SMFC  HKFC 250 and  HKFC 42. Ancillary relief trial and costs application. Represented the successful petitioner.
- IDC v SSA  HKFC 255. Appeared for the successful applicant seeking litigation funding under the Guardianship of Minors Ordinance (Cap.13)
- C v F FCMC 5954/2012. Appeared for the successful respondent in securing an ex-parte injunction (and its continuation) and opposing leave to appeal.
- K v MYNT  HKFC62: Secured ex parte injunction (and its continuation) for HK$62 million. Represented the successful petitioner in opposing leave to appeal the same, led by Mr. John Scott SC.