1. The objective of this Practice Direction is to ensure that the proceedings to which it applies are determined in a manner which is just, efficient and most cost effective and, in particular that (i) save in exceptional circumstances, the hearing of such proceedings should be completed in this Court within one year from the date of commencement or earlier in appropriate cases and (ii) the parties should have an opportunity of entering into productive discussions at the earliest possible opportunity.
2. (1) This Practice Direction shall apply to:-
(i) Proceedings in matrimonial causes and matters to which Order 70 of the Rules of the Superior Courts (“the Rules”) applies;
(ii) Family law proceedings to which Order 70A of the Rules applies;
(iii) Proceedings to which Order 71 of the Rules applies;
(iv) Any other proceedings, appropriate to the procedure set out in this Practice Direction, which may be added to its scope by further Practice Direction.
(2) This Practice Direction shall not, save for this subparagraph and paragraph 28, apply to appeals from the Circuit Court to the High Court to be heard in
(a) giving a date for the hearing of the appeal;
(b) putting the appeal into the next list to fix dates;
(c) directing that the provisions of this Practice Direction, or such provisions thereof as the court may specify, shall apply to the hearing of the appeal;
(d) adjourning the appeal for a further hearing in the Directions List.
3. (1) Where proceedings are commenced by Special Summons, the return date for the Special Summons shall be fixed for the Family Law List of the Master of the High Court taking place, or next following, 21 days from the date of issue of the summons. The applicant shall by the return date serve all persons requiring to be served with the Special Summons and verifying affidavit and, where appropriate, Affidavit(s) of Means and Welfare, together with all exhibits, certificates and other documents required or relied upon.
(2) On the said return date, the maximum adjournment which the Master will ordinarily grant, to allow for the entry of an appearance (if necessary), the service of the Replying Affidavit(s) and, where appropriate, Affidavit(s) of Means and Welfare together with all exhibits, certificates and other documents referred to or relied upon, will not exceed six weeks.
(3) By the date of the next listing before the Master, the documents aforementioned should have been exchanged, and the Master will ordinarily transfer the proceedings to the Court Directions List on a Friday not more than six weeks later.
(4)(i) If by the return date of the summons or within the period allowed under sub-paragraph (2) of this paragraph, the applicant or the respondent, as the case may be, has not served all documentation which they are required to serve, the Master, on the application of either party, will ordinarily transfer the proceedings to the Directions List next immediately available.
(ii) If no request has been made for an adjournment on the return date for the Special Summons in accordance with sub paragraph (2) above, the proceedings shall be transferred to the Directions List next immediately available.
(5) The above time limits will not be extended save for substantial and compelling reason.
4. Prior to the first hearing of a case in the Directions List each party, unless specifically excused by the opposing party in writing from so doing, shall properly vouch to that party all items in his or her Affidavit of Means.
5. The nature and extent of the vouching required to comply with the requirement in paragraph 4 will depend on the circumstances of the case, but ordinarily will include, although may not be limited to, the following:
(i) Statements, including credit card statements from each and every bank, or other financial institution at which an account has been maintained or funds otherwise held by, to the order or for the benefit of the party concerned, whether in that party’s name or otherwise, for a period of three years prior to the commencement date of the proceedings (“the three year period”);
(ii) Detailed particulars of the assets and liabilities of each party (including benefits accruing and liabilities arising under any contingency) in existence at the commencement of, or acquired or incurred during the three year period together with copies of such documents as may be necessary to verify such particulars;
(iii) Copies of any guarantees/indemnities given by or existing in favour of either party;
(iv) Copies of all tax returns returned by, and of any assessments to tax made upon the party concerned, together with supporting documentation and balancing statements for the three year period;
(v) P60s for the three year period together with payslips showing the up to date income and any deductions at source therefrom;
(vi) Sets of full annual accounts for the three year period of any company, partnership, profession or business in which any party has a shareholding or interest, save for a company which is publicly quoted in a recognised exchange;
(vii) Detailed particulars of any grants, subsidies, payments from any public fund or agency, or similar benefit for the three year period together with copies of such documents as may be necessary to verify such particulars;
(viii) Detailed particulars of any pension entitlements or their equivalent together with copies of any trust deed, rules, or statements as may be necessary to verify such particulars;
(ix) Detailed particulars of any insurance entitlements together with copies of any policies, valuations or statements of entitlements as may be necessary to verify such particulars;
(x) Detailed particulars of any settlement, trust or other instrument of equivalent effect of which the party concerned is Settlor, Protector, or pursuant to which he or she, or his or her spouse or children are, or have been, beneficiary, or potential beneficiaries, or have or can obtain a benefit, together with copies of such instruments as may be necessary to verify such particulars;
(xi) Detailed particulars of any benefits received under any of the instruments mentioned at (x) together with copies of any accounts and statements maintained in respect of funds held pursuant to such instruments for a period of three years prior to the date of commencement of the proceedings.
6. At the first hearing in the Directions List: -
(i) The Applicant shall have made available to the Court a Book of Pleadings (including affidavits, completed Direction Returns and other documentation exchanged between the parties) which said booklet shall be lodged with the Family Law Registrar three days prior to the first directions hearing;
(ii) The solicitor (and where Counsel has been retained, Counsel) for each of the parties or, where a party is not legally represented, the party himself or herself, shall be in attendance;
(iii) Where the Court considers it necessary or desirable, it may direct that a party attend the hearing, notwithstanding the fact that the party may be represented by a solicitor;
(iv) The solicitor and Counsel attending the hearing shall ensure that he or she:
(a) is sufficiently familiar with the proceedings as to be able to apprise the Court fully of all relevant aspects of the proceedings (and in particular the matters set out in Schedule I of this Practice Direction), and
(b) has authority from the party he or she represents to deal with any matters that are likely to be dealt with at the hearing;
(v) Where a party is represented by Counsel, the attendance of only one of such Counsel will be allowed on the taxation or fixing of costs.
7. Each party or their legal representative shall not later than seven days prior to the first hearing of the case in the Directions List furnish to the other party or parties the information contained in the Directions List Return, completed in the form set out in Schedule I. Such completed Return shall also be filed in the Central Office and a copy sent to the Family Law Registrar either
(a) by email to [email protected] or
(b) in hard copy to the High Court Family Law Registrar’s Office, Aras Uí Dhálaigh , Inns Quay, Dublin 7
not later than five working days prior to the date of the intended hearing. The parties shall use their best endeavours to agree upon the content of such replies where it is possible to do so.
8. At the first hearing in the Directions List, the Court, having considered the contents of the Directions List Return, or Returns, and either on the application of one of the parties or of its own motion shall:-
(i) make such orders and issue such directions as seem appropriate and may note any agreement reached between the parties;
(ii) grant an adjournment of the hearing to enable any such orders, directions or agreements to be implemented, to facilitate the resolution of any further matters arising thereon and to enable the parties otherwise to prepare fully for trial. Such adjournment shall, save for substantial and compelling reason, not exceed 12 weeks;
(iii) in the absence of a request for an adjournment, deal with all relevant matters, in a manner which is best calculated to achieve the objective referred to in paragraph 1 of this Practice Direction; and
(iv) then or at any time thereafter, consider and recommend as it may think appropriate such forms of Alternative Dispute Resolution as may be helpful to resolve or reduce the issues in dispute between the parties. Such forms of Alternative Dispute Resolution may, inter alia, include conciliation, mediation or arbitration in respect of some or all of the issues arising in the proceedings.
9. (1) If, during the period last provided for, it is established by reference to the aforesaid, or if otherwise it is justified and necessary, that further specific orders or directions are required, then either party shall bring the appropriate motion(s) and serve the appropriate documentation in sufficient time to enable the same to be dealt with and disposed of on the next adjourned date, which date shall also be the return date for any such motion, and
(2) save only where justice otherwise demands, motions for inter partes discovery should not issue otherwise than in accordance with the aforesaid time schedule.
10. The provisions of paragraphs 6 and 8, shall, where appropriate, continue to apply to each hearing of the proceedings whilst in the Directions List.
11. The parties shall, at any adjournment of the hearing in the Directions List, indicate whether any amendment to or up-dating of the Directions List Return is required.
12. (1) Proceedings shall only be transferred from the Directions List into a list to fix dates when: -
(a) the Court is satisfied having regard to the representations of the parties and to the extent of progress in the proceedings that the proceedings are sufficiently advanced that it is appropriate that they be allocated a date for hearing;
(b) each party has sworn and served an affidavit, in the form set out in Schedule III hereto, verifying the truth and accuracy of the materials furnished to vouch their respective Affidavits of Means and of any particulars furnished by the party concerned pursuant to the Family Law Act 1995, or the Family Law (Divorce) Act, 1996 or otherwise.
(2) Notwithstanding the above, the Court may for substantial and compelling reasons, at any time transfer proceedings from the Directions List into a List to Fix Dates.
13. At the hearing of the proceedings in the list to fix dates each party must:-
(i) inform the Court of any matter which might delay or prolong the trial;
(ii) provide the Court with a realistic schedule for the hearing of the action, based on a reasoned and informed view.
14. At the hearing of the proceedings in the list to fix dates, the Court will ordinarily assign a date for the hearing of the action unless it is not satisfied that the proceedings are substantially ready for hearing, in which case it may remit the proceedings to the Directions List, or make such other order as may be appropriate.
15. (1) There shall be a pre-trial call over on the Friday three weeks prior to the hearing date (the “Three Week Call-over”).
(2) The solicitor (and where Counsel has been retained, Counsel) for each of the parties or, where a party is not legally represented, the party himself or herself, shall be in attendance.
(3) Where the Court considers it necessary or desirable, it may direct that a party attend the Call-over, notwithstanding the fact that the party may be represented by a solicitor.
(4) The solicitor or Counsel attending the hearing shall ensure that he or she:-
(a) is sufficiently familiar with the proceedings as to be able to apprise the Court fully of all relevant aspects of the proceedings (and in particular the matters set out in the form Call-over Return set out in Schedule II of this Practice Direction, and
(b) has authority from the party he or she represents to deal with any matters that are likely to be dealt with at the Call-over.
(5) Where a party is represented by Counsel, the attendance of only one of such Counsel will be allowed on the taxation or fixing of costs.
16. Each party shall not later than seven days prior to the Three Week Call-over furnish to the other Party a Call-over Return completed in the form set out in Schedule II hereto. Such completed Return shall also be filed in the Central Office and a copy of same sent to the Family Law Registrar either
(a) by email to [email protected] or
(b) in hard copy to the High Court Family Law Registrar’s Office, Aras Uí Dhálaigh , Inns Quay, Dublin 7
not later than five working days prior to the date of such Three Week Call-over. The parties shall use their best endeavours to agree upon the contents of such replies where it is possible to do so.
17. On the hearing of the proceedings in the Three Week Call-over Counsel or the Solicitor on behalf of each of the parties shall confirm to the Court that the proceedings are as of that date ready for hearing and that all Directions given by the Court have been complied with. The Court at the Three Week Call-over, having heard the parties, may exceptionally make such Orders or give such Directions as may be appropriate, including adjourning the proceedings to a further Call-over hearing, vacating the hearing date and remitting the matter to the Directions List or granting a new hearing date.
19. (1) There shall be a continuing obligation and duty on each party to bring to the Court’s attention as soon as possible any matter which might shorten delay or prolong the trial of the proceedings.
(2) There shall be a continuing obligation and duty on each party to inform the registrar of any settlement or part settlement of any proceedings
20. (1) In proceedings where the originating document is a notice of motion or notice of re-entry, such notice shall be returnable to the Directions List and, thereafter, the procedure specified in this Practice Direction as applying to proceedings entered in that List shall, where appropriate and with such modifications as the Court may direct, apply.
(2) In proceedings which have been transferred to this Court from the Circuit Court, such proceedings, following due compliance with Order 70A, rule 18 of the Rules where applicable, shall appear in the Directions List next available and, thereafter, the procedure specified in this Practice Direction as applying to proceedings entered in that List shall, where appropriate and with such modifications as the Court may direct, apply.
(3) In proceedings where the originating document is a petition, the proceedings, upon being entered for trial, shall appear in the next available Directions List and, thereafter, the procedure specified in this Practice Direction as applying to proceedings entered in that List shall, where appropriate and with such modifications as the Court may direct, apply.
21. (1) The Court, by reason of the complexity of the proceedings, subject matter, number of parties or otherwise, may at any time, either on the application of one of the parties or of its own motion, determine that particular proceedings should be subject to more detailed management, in which event it may appoint a date for a case management hearing.
(2) Where such a determination has been made in respect of any proceedings, the Court:
(i) may direct any and all parties to prepare and exchange between them, and to submit to the Court, a book of pleadings, a book of expert reports, witness statements and any other documents or information which may be specified, and
(ii) may direct the parties and/or a legal representative for each of them to attend such hearing and to inform the court of the up to date position in regard to the exchange of information between the parties, including details of any outstanding information or documents which a party seeks from any other party.
(3) As part of such management the Court may identify any particular issue, either of fact or law, which although not suitable for trial as a preliminary matter, is in its opinion, nevertheless suitable for an informal debate or exchange between the parties.
(4) For this purpose the Court:-
(i) may assign a particular case conference to deal with such issue;
(ii) may receive at that conference such submissions and information as may be appropriate and
(iii) may express an opinion on the relevant issue(s), which opinion shall be non-binding and given by a judge other than the trial judge.
22. The Court, either on the application of a party or of its own motion, may, for good and substantial reason, exempt any proceedings from any provision of this Practice Direction.
23. The Court, either on the application of a party or of its own motion, may, prior to or at the commencement of the trial direct that opening statements be made by the parties, and may at any time during the course of the trial direct any party to make a statement on any matter or issue.
24. (1) Where the Court, either on the application of a party or of its own motion determines that any party
(i) has failed to comply with or observe any of the provisions of this Practice Direction,
(ii) has failed to comply with or observe any orders or directions given by the Court or any agreement entered into by the parties in the course of and in connection with the proceedings,
(iii) has been guilty of neglect or delay in respect thereof,
(iv) has caused unnecessary court appearances, work or the creation of documentary material or
(v) has otherwise been guilty of improper conduct either by way of act or omission,
resulting in costs being unnecessarily incurred, it may at any stage of the proceedings make an award as to and direct the payment of such costs to any party affected thereby.
(2) Where the Court determines any application of an interlocutory nature it ordinarily will, where having regard to the subject matter it can justly do so, also determine the question of costs relative to such matter.
25. The Court in determining whether or not to make an award as to the costs of the proceedings and if so in determining the manner in which it should exercise its discretion in respect thereof, shall, without prejudice, inter alia, to Order 99 of the Rules, take into account and give due and appropriate weight to:
(i) any offer made by the respondent either in open court or marked “without prejudice save and except as to costs”;
(ii) any demand or counter offer made by the applicant which is either open to the Court or marked “without prejudice save and except as to costs”;
(iii) the parties observance, compliance and implementation of the provisions of this Practice Direction; and
(iv) the general reasonableness of each party’s behaviour in the conduct of the litigation in question.
(v) The extent to which the substantive relief awarded by the Court was intended to place the parties in a position to discharge their own costs.
26. Applications for interim relief, urgent matters and consent orders or orders subject to approval shall, subject to any contrary direction, be dealt with as heretofore.
27. The attention of litigants and practitioners is drawn to the provisions of Order 70A, rule 29(3) of the Rules (S. I. No. 247 of 2005), which regulate the procedure for applications for leave to be accompanied under section 40(5) of the Civil Liability and Courts Act, 2004.
28. (1) Subject to paragraph (2), this Practice Direction shall supersede and replace the Practice Direction on the 6th day of October 2005 (“Practice Direction HC 40”). It shall come into operation with effect from the 5th day of October 2009 and shall apply to any proceedings referred to in paragraph 2 which come into the Directions List for the first time on or after that date.
(2) Practice Direction HC 40 shall continue to apply to any other proceedings then pending before the High Court in the Family Law List and this Practice Direction shall not apply to any such proceedings save as may be determined by the Court in the individual proceedings concerned.
Dated: 16th July 2009
Signed: Richard Johnson
President of the High Court.
See schedule of this practice direction by opening this document link --> HC51 - Family Law - Schedules
