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Rules of the Superior Courts

Amendment to: Order 15
S.I. No. 149 of 2010: Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010


1. Subject to paragraph 2, these Rules shall come into operation on the 10th day of May 2010.

2. Any application for registration of a lis pendens containing the particulars required by law before 1 December 2009 for such registration which is received after 1 December 2009 and prior to the date mentioned in paragraph 1 shall be deemed to comply with the requirements for registration of a lis pendens in accordance with section 121 of the Land and Conveyancing Law Reform Act 2009.

3. These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2010 and may be cited as the Rules of the Superior Courts (Land and Conveyancing Law Reform Act 2009) 2010.

4. The Rules of the Superior Courts are amended:

...

      (vi) by the substitution for rule 31 of Order 15 of the following rule:

        “31. Wherever—

        (a) any order has been made under section 31 of the Land and Conveyancing Law Reform Act 2009, or

        (b) in any action for the administration of the estate of a deceased person, or the execution of the trusts of any deed or instrument, or for the partition or sale of any hereditaments, a judgment or order has been pronounced or made—

            (i) for an account; or

            (ii) under Order 33; or

            (iii) affecting the rights or interests of persons not parties to the action;

        the Court may direct that any person affected by the order under section 31 of the said Act or interested in the estate or under the trust or in the hereditaments shall be served with notice of the judgment or order; and after such notice such persons shall be bound by the proceedings in the same manner as if they had originally been made parties and shall be at liberty to attend the proceedings under the judgement or order. Any person so served may, within one month after such service, apply to the Court to discharge, vary or add to the judgment or order.”;
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