Advice informed by qualifications in both countries
Our team includes lawyers qualified in both mainland China and Australia. Hugh Zhao holds current practising certificates issued in Victoria, Australia, and Shanghai, PRC. We can explain Chinese marriage, matrimonial property, parenting and succession law, including relevant regulations and judicial interpretations, to assist Australian property settlements, parenting proceedings, probate applications, estate administration, enforcement and litigation. An Australian firm can retain conduct of its case while instructing us on a defined Chinese law question.
Chinese nationality, a marriage celebrated in China or Chinese assets can make that analysis important; none automatically makes Chinese law govern the entire Australian dispute. For example, Article 24 of China's foreign-related laws application statute addresses the law governing spouses' property relations, while Articles 31–34 distinguish intestacy, wills and estate administration. The Australian court's own choice-of-law rules must also be addressed.
Explain the legal interest behind the document
A translated title or will rarely answers the whole question. Civil Code Articles 1062, 1063 and 1065 distinguish marital property, separate property and written property agreements; Article 1087 addresses division on divorce. Articles 1124, 1127 and 1153 concern renunciation, intestate heirs and separating a surviving spouse's property from the estate. Those distinctions may change the interest being valued or claimed in Australia. For parenting matters, we can explain Chinese parental rights and relevant procedures under Article 1084; Australian best-interests decisions remain for the Australian court, and legal expertise is distinct from a clinical family assessment.
Choose the appropriate expert appointment
For FCFCOA family law proceedings, we can accept a joint appointment to prepare a single expert report under rule 7.03, or a party appointment, subject to conflicts and suitability. Rule 7.10 requires court permission to tender a non-single-expert report or adduce that expert's evidence at a hearing or trial; commissioning a report alone does not secure admission. Rule 7.11 sets out the permission application and relevant considerations. If a single expert already addresses the issue, rule 7.08 restricts additional expert evidence.
Rule 7.18 makes the expert's duty to the court paramount. We distinguish facts and assumptions, identify sources and explain the reasoning, including material that may qualify the conclusion. Written instructions and report requirements are addressed in rules 7.13 and 7.21–7.22. Expert and litigation roles require separate assessment. State Supreme Court probate matters have their own expert-evidence requirements; the FCFCOA rules do not govern every estate case.
Why the explanation matters
Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331; [2005] HCA 54 involved an injury in China and questions about Chinese law, choice of law and foreign-law evidence. It was a tort case, not a family or probate decision, and concerned earlier Chinese legislation. Its practical lesson is the importance of explaining how foreign law operates, rather than supplying a translation and an unsupported conclusion.
To discuss an instruction, contact Hugh Zhao at PanAus Partners with the disputed questions, relevant orders, documents and reporting timetable. We can scope an independent report or a separate advisory retainer so the Chinese law work fits the Australian proceeding.
Key legislation and cases
- FCFCOA Family Law Rules 2021, rr 7.03, 7.08, 7.10–7.13, 7.18 and 7.21–7.22
- PRC Civil Code, arts 1062–1065, 1084, 1087, 1124, 1127 and 1153 (Chinese official text)
- PRC Law on the Application of Laws to Foreign-related Civil Relations, arts 24 and 31–34
- Neilson v Overseas Projects Corporation of Victoria Ltd [2005] HCA 54
Author: Hugh Zhao
Last updated: October 2026
Jurisdiction: Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.
