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MS. CLARA FUNG 馮易琦女士

Professional Consultant 專業顧問

Tel

Fax

Email

Office

(852) 3943 1671

(852) 2994 2505

clarafung@cuhk.edu.hk

Room 609
Faculty of Law
6/F, Lee Shau Kee Building
The Chinese University of Hong Kong
Sha Tin, NT, Hong Kong SAR

Clara is a Professional Consultant in the Faculty of Law. She teaches various subjects across the LLB, JD and PCLL programmes, including Civil Litigation Practice, Hong Kong Legal System and Legal Research, Analysis and Writing. 

Prior to joining CUHK, Clara was a solicitor for almost a decade in the Dispute Resolution and Restructuring & Insolvency teams at leading Magic Circle and US law firms, acting in a broad range of contentious matters including court litigation, international arbitration and insolvency proceedings, as well as high profile non-contentious restructuring matters. She advised multinational corporations, listed companies and financial institutions on high-value and complex disputes and matters, often involving multiple jurisdictions. Clara’s experience spans diverse sectors such as banking and finance, technology, media and telecommunications (TMT), transport, pharmaceuticals, retail, insurance and education. She also has extensive experience working on data privacy matters.

Clara holds an M.A. (Law) from the University of Cambridge and is a dual-qualified solicitor in Hong Kong and England and Wales.

  

EDUCATION AND PROFESSIONAL QUALIFICATIONS

  • M.A. (Law), Christ’s College, University of Cambridge
  • PCLL (with distinction), University of Hong Kong
  • Solicitor of the High Court of Hong Kong
  • Solicitor of the Supreme Court of England and Wales

RESEARCH INTERESTS

  • Corporate insolvency and restructuring law
  • Bankruptcy law (personal insolvency)

PROFESSIONAL MEMBERSHIPS / ENGAGEMENT

  • Academic member, INSOL International
  • Academic member, Insolvency & Restructuring Committee, Law Council of Australia
  • Academic member, Australian Restructuring Insolvency & Turnaround Association (ARITA)

SELECTED PUBLICATIONS

Journal articles

  • “The Test for ‘Insolvency’ and Long-term Future Debt: Is Time a Resource?” (2025) 99(3) Australian Law Journal 224
  • “The price of power: Restraints on Liquidators under ss 477(2A) and (2B) of the Corporations Act” (2025) 33(2) Insolvency Law Journal 69
  • “Insolvent Trading: Director Accountability for Minimal Returns to Creditors in Liquidations” (2023) 31 Insolvency Law Journal 85
  • “Arrium: Is it ‘commercial reality’ to conclude that a company is solvent until it is ‘certain that it cannot pay’ its future debts?” (2021) 21(7&8) Insolvency Law Bulletin 90
  • “‘Electronic Communication’ Amendments to the Corporations Act: Implications for Service of Statutory Demands” (2021) 29(1) Insolvency Law Journal 45
  • “Supplier beware: Pt 5.3B ‘small business’ restructuring, winding up applications and dispositions of company property during ‘debtor-in-possession’ trading” (2021) 21 (3&4) Insolvency Law Bulletin 46-50
  • “The ‘second opinion’ special purpose liquidator: A second opinion” (2020) 20(8) Insolvency Law Bulletin 158
  • “The Effect of Bankruptcy and Liquidation on Trust Property: Recent High Court Judgments and Implications for Insolvency Practitioners and Post-Appointment Dealings and Dispositions” (2020) 28(1) Insolvency Law Journal 29
  • “World Bank report on MSME insolvency: Implications for Australian law reform” (2018) 30(4) ARITA Journal 18
  • “Major victory for reasonable and proper liquidator remuneration: NSW Court of Appeal delivers judgment on liquidator remuneration in Sakr Nominees” (2017) 29(1) ARITA Journal 10
  • “Left holding the baby: ARITA’s advocacy on Queensland’s new ‘Chain of Responsibility’ laws” (2016) 28(3) ARITA Journal 18
  • “Global Rules on Conflict-of-Laws Matters in International Insolvency Cases: An Australian perspective” (2015) 23 Insolvency Law Journal 5 (co-authored)
  • “Australian DOCAs versus UK pre-packs and CVAs: sifting through the ashes of comparative dividend returns” (2014) 15(8) Insolvency Law Bulletin 123
  • “After-Acquired Income and Contributions by Australian Bankrupts: Can pay, should pay, making them pay!” (co-authored) (2014) 14(3) QUT Law Review 53;
  • “A review of Deeds of Company Arrangement” (2014) 26(2) ARITA Journal 12
  • “Debts ‘incurred’ by receivers, administrators and liquidators: The case for a harmonised construction of ss 419, 443A and 556(1)(a) of the Corporations Act” (2013) 21(1) Insolvency Law Journal 60
  • “Bailing out the FEG: Is the Fair Entitlements Guarantee (formerly GEERS) approaching its own fiscal cliff?” (2013) 13(7) Insolvency Law Bulletin 153
  • “A comparative analysis of Anglo-Australian pre-packs: can the means be made to justify the ends?” (co-authored) (2012) 21(3) International Insolvency Review, 143
  • “Director liability for uncommercial transactions: is s 588G(1A) impotent to provide liquidators the means to seek compensation for creditors?” (2012) 13(2) Insolvency Law Bulletin 37
  • “Does section 420A impose strict liability upon controllers for acts or omissions of agents and experts?” (2012) 20(2) Insolvency Law Journal 124
  • “UK Pre-pack reforms: pause for thought in Australia?” (2011) 23(2) Australian Insolvency Journal 12.

Research reports & researched submissions to government

  • Submission to Parliamentary Joint Committee on Corporations and Financial Services Inquiry into Corporate Insolvency in Australia, 30 November 2022 (subsequently appeared by invitation as a witness at inquiry’s public hearing on 1 March 2023);
  • Submission to Australian Government on ‘Review of the insolvent trading safe harbour’, 1 October 2021 (cited at length in the independent review panel’s Final Report ‘Review of the Insolvent Trading Safe Harbour’ dated Nov 2021)
  • 2013 ARITA Terry Taylor Scholarship: Research Report into deeds of company arrangement under Part 5.3A of Australia’s Corporations Act (the report on this sample research is on ARITA’s website and was cited in numerous submissions to the Australian Government’s 2014 Financial System Inquiry).