S.I. No. 349/2006 - Circuit Court Rules (Equal Status Acts 2000 to 2004) 2006

1. An appeal pursuant to section 28 of the Act shall be made by way of originating Motion on Notice which shall set out the grounds upon which the appellant is relying for the reliefs sought. Such applications shall be in accordance with Form 36F annexed hereto, as appropriate.

2. Notice of the appeal shall be given to the complainant or respondent, as the case may be (in this Rule referred to as “the other party”), and to the Director as appropriate, by service of the Notice of Motion no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being served upon the complainant or respondent, as the case may (in this Rule referred to as “the other party”), or where such other party was represented by a solicitor before the Director, upon such solicitor, and upon the Director as appropriate; and service of the Notice of Motion or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.

3. The following documents shall, as appropriate, be filed with the application

(i) a certified copy of the decision of the Director with the date of the decision thereon;

(ii) certified copies of all notices, pleadings, documents and particulars provided by either party to the Director;

(iii) any other relevant documentation.

4. The Form contained in the Schedule hereto shall be inserted in the Schedule of Forms to the Circuit Court Rules 2001 to 2006, as Form 36F, immediately after Form 36E.

SCHEDULE

FORM 36F

AN CHUIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

NOTICE OF MOTION

IN THE MATTER OF SECTION 28 OF THE EQUAL STATUS ACT, 2000

BETWEEN

A.B.

Plaintiff

AND

C.D.

Defendant

TAKE NOTICE that application will be made to the Court on the or the next opportunity thereafter for the following reliefs

[Here insert details of the relief sought]

AND FURTHER TAKE NOTICE that the said application will be grounded upon

[here insert grounds upon which the Plaintiff is relying for the reliefs sought]

[here insert the basis of jurisdiction]

[here insert the name, address and description of the Plaintiff]

[here insert a statement of the grounds upon which the Plaintiff intends to rely in support of the appeal]

[The following documents must be annexed to this Notice of Motion namely a certified copy of the decision of the Director with the date of the decision thereon, certified copies of all notices, pleadings, documents and particulars provided by either party to the Director and any other relevant documentation].

Dated the day of

Signed

Plaintiff/Solicitor for the Plaintiff

To

Defendant/Solicitor for the Defendant

And

To: The County Registrar

EXPLANATORY NOTE

(This Note is not part of the instrument and does not purport to be a legal interpretation.)

These Rules prescribe Circuit Court procedures in respect of proceedings brought under the Equal Status Acts 2000 to 2004.

5. The appeal shall be dated, and bear the name, address and description of the appellant and shall be signed by his solicitor, if any, and, if none, by the appellant.

6. Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the appeal, or to deliver copies of any documents referred to therein.

7. Save by special leave of the Court or save as provided for by the Act, the appeal shall be heard upon oral evidence.

Rule Seven - ENFORCEMENT OF DECISIONS AND MEDIATED SETTLEMENTS

Applications for relief by way of enforcement pursuant to section 31 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the complainant or the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him or, in the case of a settlement, the respondent, as appropriate, which said Affidavit shall exhibit

(a) a certified copy of the decision of the Director or of the written record of the terms of settlement as appropriate;

(b) evidence of the date of the decision or the date of the written record of the settlement as appropriate; and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) an averment that there has not been any appeal pursuant to section 28 of the Act;

(iii) any facts relevant to the alleged failure to comply with the terms of a decision or with the terms of settlement, whether in whole or in part, as appropriate;

(iv) the consent of the complainant, where appropriate;

(v) any other relevant facts.

Rule Eight - PRODUCTION OF DOCUMENTS AND SUPPLY OF INFORMATION

Applications by the Director or an equality officer for relief pursuant to section 35 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Director or by an appropriate officer duly authorised by the Director or by an equality officer which said affidavit shall, as appropriate, exhibit all documentation relating to requirements made under section 33(2)(b) and/or section 34(1)(a) of the Act, as appropriate; and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) the applicable requirements under section 33(2)(b and/or section 34(1) of the Act of (as the case may be) both of those provisions;

(iii) the nature of the failure to comply with the provision or provisions concerned alleged;

(iv) any other relevant facts.

Rule Nine - VENUE

Proceedings under the Act shall, in accordance with section 45 of the Act, be brought in the County where the defendant or respondent (as the case may be) ordinarily resides or carries on any profession, business or occupation.

Rule Ten - EVIDENCE

Save by special leave of the Court and subject to Rule Six hereof, all proceedings under the Act other than proceedings for relief pursuant to section 23(3) of the Act shall only be heard upon Affidavit.

Rule Eleven - COSTS

The Court may make such Order as to costs as may be appropriate.”

S.I. No.349 of 2006

CIRCUIT COURT RULES (EQUAL STATUS ACTS 2000 to 2004) 2006

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, and

section 12

of the

Courts of Justice Act 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act, 1924

and

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions Act 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act 1961

, and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice Equality and Law Reform, make the annexed Rules of Court.

Dated this 4

th

day of May, 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Katherine Delahunt

Fergal Foley

Patrick Hunt

Gerard J. Doherty

Joe Deane

Noel Rubotham

I concur in the making of the above Rules of Court.

Dated this 30

th

day of June, 2006

Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.349 of 2006

CIRCUIT COURT RULES (Equal Status Acts 2000 to 2004) 2006