S.I. No. 879/2004 - Circuit Court Rules (Equal Status Act, 2000), 2004

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 17th day of July. 2003.

(Signed): Esmond Smyth, (Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Fergal Foley

Patrick Hunt

Gerard J. Doherty

Joe Deane

Edmund Carroll

P J Fitzpatrick

Susan Ryan (Secretary)

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

S.I. No. 879 of 2004.

CIRCUIT COURT RULES (EQUAL STATUS ACT, 2000), 2004

1.

2.

ORDER 63 D

(Equal Status Act, 2000 (No. 8 of 2000))

Rule One

Rule Two

Rule Three

3.

• (b) All appeals pursuant to this Rule, shall be served 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 delivered to or served upon the solicitor who is on record before the Director as acting for the person named as defendant before the Court and to the Director as appropriate; and service of the appeal 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.

• (c) 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.

• (d) Every application made by way of an appeal from a decision of the Director under section 28 of the Act shall contain a statement of the grounds upon which the plaintiff intends to rely in support of the appeal.

• (e) All such applications 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.

• (f) 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 application, or to deliver copies of any documents referred to therein.

• (g) Save by special leave of the Court or save as provided for by the Act, all applications under section 28 of the Act shall be heard upon oral evidence.

Rule Four

4.

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, as appropriate, which said Affidavit shall exhibit:

• (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 as appropriate;

• (iv) any other relevant facts.

Rule Five

5.

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 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 and/or section 34 of the Act;

• (iii) the nature of the failure alleged;

• (iv) any other relevant facts.

Rule Six

6.

Applications under the Act shall, in accordance with section 45 of the Act, be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.

Rule Seven

7.

Save by special leave of the Court and subject to Rule Three hereof, all applications under the Act shall only be heard upon Affidavit.

Rule Eight

8.

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

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 applications brought under the Equal Status Act, 2000 .

FORM 1

AN CHUIRT CHUARDA

THE CIRCUIT COURT

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

NOTICE OF MOTION

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 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 this day of 20 .

Signed:

Plaintiff/Solicitor for the Plaintiff

To:

Defendant/Solicitor for the Defendant

And

To:

The County Registrar.