Changing practice

Order 59 of the Circuit Court Rules deals with family law matters. It has been amended in a piecemeal fashion over the past 12 years. However, SI 207/2017 introduced the Circuit Court Rules (Family Law) 2017. The new rules came into effect on 14 June 2017 and introduce significant changes to the practice of family law.

These changes include a consolidation of Order 59, additional requirements for originating documents, provision for a procedure to rule settlements by notice of motion, and new timeframes for vouching affidavits of means.

Case progression

The new Circuit Court Rules also introduce changes to case progression in Dublin. The purpose of case progression is to ensure that proceedings are prepared for trial in a manner that is just, expeditious, and likely to minimise the costs of the proceedings.

In the Dublin Circuit, a case progression hearing is no longer required after filing of a defence where both parties agree, and both have certified completion of pre-case progression steps. The same case progression rules that applied prior to the commencement of the new rules will still apply to all other circuits.

Welcome changes

Keith Walsh is principal of Keith Walsh Solicitors and Chair of the Law Society’s Family & Child Law Committee. Aidan Reynolds is a partner with Gallagher Shatter Solicitors and a member of the same committee. Writing in the Gazette, they welcome these long overdue changes, which have been welcomed by practitioners, and anticipate that they will help to streamline the resolution of family law cases. They explain some of the changes in detail, and how practitioners should best manage family law cases under the new regime.

• Read the full article in the July 2017 Gazette

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