Kajal Aswani

Partner

Kajal was made a Partner at Robertsons in 2015 and is an experienced disputes resolution lawyer whose practice spans across a wide range of civil and commercial disputes including enforcement actions, shareholders disputes, trust/probate disputes, insolvency work and family disputes. 

Kajal has vast experience in handling complex and high-profile matrimonial proceedings involving substantial assets and cross-border elements.  She advises on all aspects of family law including divorce, financial and custody matters.

Additionally, Kajal has developed considerable experience in probate and employment matters (both contentious and non-contentious).

Kajal is a member of Hong Kong Family Law Association and served on the committee of the Young Solicitors Group of the Law Society of Hong Kong from 2007 to 2011.  She is also a founding member of the South Asian Lawyers Group (SALG) Hong Kong and a member of the Sindhi Community of Hong Kong.

Practice Areas

Private Equity & Commercial, Employment, Insolvency & Restructuring, Wills, Trusts & Probate - Contentious, Family & Disputes, Litigation & Dispute Resolution

Languages

English, Cantonese, Hindi, Sindhi

Qualifications & Education

Solicitor, England and Wales (2008)

Solicitor, Hong Kong SAR (2007)

 

Postgraduate Certificate in Laws (PCLL), City University of Hong Kong (2004)

 

Bachelor of Laws (LL.B), University of Sheffield (2003)

Memberships

The Law Society of Hong Kong

The Law Society of England & Wales

 

Member, Hong Kong Family Law Association

Member, The Indian Chamber of Commerce

Former Committee Member, Young Solicitors Group, The Law Society of Hong Kong

 

LITIGATION & DISPUTE RESOLUTION

  • Successfully defended a stay application issued by the defendant against an Indian based company who commenced a civil action in the Hong Kong Courts pursuant to a service agreement containing an exclusive jurisdiction clause (i.e. laws of India). 
  • Acted for a UK based trading company in a commercial dispute involving Hong Kong and China entities with assets in China which led to the successful recovery of judgment sum through the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597). 
  • Acted for a French based pharmaceutical company to register a foreign judgment of the Commercial Court of Paris in Hong Kong under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319).

MATRIMONIAL 

  • Acted for a Chairman of a reputable investment management fund in Hong Kong in his complex and acrimonious divorce proceedings which involved a highly contested maintenance pending suit (MPS) application (now one of the leading cases on MPS in Hong Kong); successfully opposing applications to appoint a receivership, s. 17 MPPO and the setting aside the Consent Order on the basis of material non-disclosure and misrepresentation. 
  • Acted for a Wife in successfully opposing the Husband’s challenge to the validity of marriage which involved a 10-day trial in the Family Court requiring examination and cross-examination of experts from India and Indonesia on marriage laws.  
  • Acted for an executive chairman of a US listed company seeking access rights to his daughter in Hong Kong under the Guardianship of Minors Ordinance and advised on maintenance payments and the appointment of a parental alienation expert.  
  • Advised a trustee of a trust based in the US in opposing a joinder application brought against the trustee in respect of the Wife’s s. 17 application in a matrimonial proceeding in Hong Kong. 
  • Advising on matters pertaining to child abduction including applications under the Hague Convention and the Child Abduction and Custody Ordinance (Cap. 512). 

PROBATE 

  • Represented a major beneficiary in an application brought by the trustees of an estate under O. 85 r. 2 of the Rules of the High Court to seek clarification on the terms of the Will particularly in relation to payment of UK Inheritance taxes out of the Estate. 
  • Acted for a co-grantee in defending an action brought against him by his brother for alleged misappropriation of corporate funds and assets belonging to their late father’s estate. 
  • Applied for grant of probate and advised on matters generally relating to probate including gathering in of worldwide assets in BVI, London, Thailand and Japan. 

EMPLOYMENT 

  • Advising both employers and employees on all aspects of employment laws including statutory sickness allowance, enforcement of restrictive covenants (particularly non-compete and non-solicit clauses), calculation of redundancy payments, termination clauses and issues relating to discrimination in Hong Kong. 

PRIVATE EQUITY & COMMERCIAL

  • Conducted due diligence exercise on Hong Kong subsidiaries of a PRC company in relation an acquisition deal. 
  • Generally drafting, advising and commenting on commercial documents, including shareholders agreement, sale and purchase agreement, distribution agreement etc.