Master’s Court
Rules of the Superior Courts
The Master of the High Court
1. In addition to any orders which the Master may make under any other of these Rules the Master may make any of the following orders:
(1) Any side-bar order other than those mentioned in Order 30(17) and (18).
(2) Any order which may be made as of course.
(3)[8] An order for the appointment of a guardian ad litem.
(4) An order for a statement of the names of persons who may be co-partners in any firm suing or being sued in an action or matter.
(5) An order for enlargement of the time for doing any act or taking any step in an action or matter.
(6) An order for discovery, limited or general, or inspection of documents or real or personal property, or delivery of interrogatories.
(7) An order for the appointment or the discharge of a receiver in uncontested applications.
(8) An order to dismiss an action with costs for want of prosecution or for failure to make an affidavit of discovery or to answer interrogatories.
(9) An order to strike out a defence with costs for failure to make an affidavit of discovery or to answer interrogatories.
(10) An order for the taking of evidence on commission.
(11) An order on an application for directions as to service in case of an originating summons not inter partes or as to other procedure in any action or matter.
(12) An order adding or substituting a party in any proceeding.
(13) An order giving liberty to intervene and appear.
(14) An order for the amendment of pleadings on consent
(15) An order for the correction of clerical errors or errors in the names of parties in any proceeding, whether on consent or not, but subject to re-service when not on consent.
(16) An order to receive a consent and make the same a rule of Court where the parties are sui juris.
(17) An order under the Bankers Books Evidence Acts 1879 and 1959.
(18) An order for the payment out of Court of funds standing to the credit of an infant on attaining majority, or (if so authorised by order of a Judge) for his benefit during minority.
(19) An order in uncontested cases to have an account taken or inquiry made.
(20) An order for the issue, for service outside the jurisdiction, of a citation to see proceedings in contentious probate matters.
(21) An order for the issue of a citation to lodge in Court a grant of probate or letters of administration.
(22) An order giving liberty to file a supplemental affidavit of scripts.
(23) An order for the lodgment of scripts by any party.
(24) An order appointing a receiver in place of a receiver who has died or been discharged, including any necessary consequential directions as to the accounts of the deceased or discharged receiver.
(25) A stop order on moneys or securities in Court.
(26) An order for the issue of a subpoena under Order 39, rule 30.
(27) An order for the issue of a citation in matrimonial causes or matters.
(28)[7] A seven day order for payment of costs or lodgment of security on a certificate or report from the Legal Costs Adjudicator in matrimonial causes or matters.
(29)[1] An order to vacate a lis pendens on an application under section 123 of the Land and Conveyancing Law Reform Act 2009.
(30) An order under Order 33, rule 1, on consent, settling the issues to be tried.
(31) An order giving liberty to issue execution in the name of or against the legal personal representative of a deceased party.
(32) An order giving liberty to renew an order of fieri facias after the lapse of one year, or to issue a new order of fieri facias on loss of the original.
(33) An order for transfer of proceedings to the Circuit Court or to the District Court on consent of the parties, including all ancillary orders for the transfer of monies lodged in Court.
(34) An order giving liberty to serve a third party notice on consent of the plaintiff.
2. The Master may in any case, either on consent of all parties concerned or by order of the Court, assess any damages to which a party is entitled, or take any account.
3. The Master may, with the consent of all parties concerned, try any issue of fact.
4. The Orders mentioned at (1), (2), (3), (4), (11), (15), (16), (17), (18), (20), (21), (25), (26) and (27) in rule 1 may be made on an application ex parte. All other orders above mentioned may be made on application by motion on notice, save where any other rule otherwise requires. Not less than two clear days’ notice of such motion shall be given.
5. In any cases in which the Master may make an order he may also make any supplementary or ancillary order and may give any necessary directions.
6. In any case in which the Master may make an order the costs of the application shall be in the discretion of the Master, who may direct payment of a sum in gross in lieu of payment of costs to be taxed.
7. The Master may in his discretion transfer any case to the Court lists for hearing.
8. The Master shall for the purpose of any proceedings before him have full power to summon parties and witnesses, to administer oaths, to require the production of documents, to take affidavits, affirmations and acknowledgements, and examine parties and witnesses either upon interrogatories or viva voce. Parties and witnesses summoned to attend before the Master shall be bound to attend and shall be liable to process of contempt in like manner as parties and witnesses are liable thereto in case of disobedience to any order of the Court.
9.[2] [3] [4][5] (1) Subject to sub-rules (2), (3) and (4), any party aggrieved by an order, including an order as to costs, made by the Master may, within six days from the perfecting of the same, or if made ex parte from notice of the same, or in the case of a refusal from the date of such refusal, apply to the Court to discharge such order or to make the order refused.
(2) The time permitted for making an application referred to in subrule (1) in a case to which Order 42A, rule 13 applies shall not be six days but shall instead be as provided in Order 42A, rule 13.
(3) Sub-rule (1) shall not apply in the case of a European Enforcement Order certificate issued by the Master in accordance with Order 42B or the issue of, declaration as enforceable of or refusal of, a European order for payment by the Master in accordance with Order 42C.
(4) The time permitted for making an application referred to in sub-rule (1) in a case in which the Master has made an order adapting a measure or an order under regulation 7 of the European Union (Civil and Commercial Judgments) Regulations 2015 (S.I. No. 6 of 2015) shall, if the party against whom the order or measure was obtained is domiciled in a Member State of the European Union other than the State be 30 days and shall run from the date of service of a copy of the Master’s order, either on him personally or at his residence.
10. Any order which may be made by the Master may be made by a Deputy Master.
11. Counsel may be heard in any case before the Master, but the costs of such counsel shall not be allowed unless certified for by the Master.
12.[6] (1) An application for an Order mentioned at (18) in rule 1 may be made on affidavit by either the infant, the next friend of the infant or the solicitor on the infants behalf or by letter in writing by the infant or the next friend of the infant or by a solicitor acting on the infants behalf and upon such application, the Master may, in his discretion, having regard to the amount involved or any other relevant matter, make an Order providing for the payment out of such monies as appears proper.
(2) Upon receipt of any application under rule 1 the Master may make such inquiries or raise such queries as may be appropriate and it shall be within the discretion of the Master, having regard to the amount involved or for any other reason which appears to him sufficient, to require the application to be made ex parte on the Affidavit of the infant or next friend of the infant or the infants solicitor, as the case may be.
[1] Order 63 rule 1(29) substituted by SI 149 of 2010. SI 149 of 2010 is effective 10 May 2010, subject to paragraph 2 which reads: “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.”
[2] Order 63 rule 9 substituted by SI 3 of 2006, effective 7 February 2006.
[3] Order 63 rule 9 substituted by SI 551of 2008, effective 16 December 2008.
[4] Order 63 rule 9 substituted by SI 307 of 2013, effective 26 August 2013.
[5] Order 63 rule 9 amended, including by the insertion of sub-rule (4), by SI 10 of 2016, effective 13 January 2016.
[6] Order 63 rule 12 inserted by SI 265 of 1993, effective 9 September 1993.
[7] Order 63 rule 1(28) substituted by SI 584 of 2019, effective 3 December 2019.
[8] Order 63 rule 1 paragraph (3) substituted by SI 261 of 2023 effective 15 May 2023
Master’s Court
The President of the High Court hereby issues the following Practice Direction in accordance with s. 11(12) and (13) of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.
Introduction
1. This Practice Direction is intended to apply to applications which the Master or the Deputy Master of the High Court has jurisdiction or power to hear under the Rules of the Superior Courts (the “RSC”) or under statute and to set out the practice which will be adopted and applied with respect to those applications with effect from 5th December 2022.
2. The applications to which this Practice Direction primarily applies are (a) applications for liberty to enter final judgment (O. 37, r. 1 RSC), (b) applications for orders for discovery or inspection or delivery of interrogatories (O. 63, r. 1(6) RSC), and (c) family law special summonses. The attention of practitioners is also directed to para. 10 of this Practice Direction.
Revocation of Existing Practice Directions HC 84 and HC 106
3. Practice Direction HC 84 (motions for judgment in summary summons proceedings) dated 23rd January, 2019, which provided that, with effect from 4th February, 2019, all motions seeking liberty to enter final judgment pursuant to O. 37, r. 1 RSC were required, in lieu of being set down for hearing before the Master of the High Court, to be set down for hearing before a judge of the High Court, is with effect from 5th December, 2022, revoked and will no longer be in force or applicable with effect from that date. The provisions of this Practice Direction will apply to such applications with effect from 5th December 2022.
4. Practice Direction HC 106 (Master’s Court) dated 30th April 2021, which set out certain procedures applicable to hearings in the Master’s Court is with effect from 5th December 2022, revoked and will, with effect from that date, be replaced by the procedures and requirements set out in this Practice Direction.
Alteration of Existing Practice for hearing Discovery Applications
5. With effect from 5th December 2022, the practice which has applied in more recent times where (a) applications for discovery or inspection or leave to deliver interrogatories were made returnable to the High Court Common Law Motion List, and (b) High Court Family Law Special Summonses were made returnable to the High Court Family Law List, instead of, in each case, to the Masters Court will change. With effect from 5th December 2022, the practice to be followed with respect to these applications will be as is set out in this Practice Direction.
Applications for Summary Judgment
6. With effect from 5th December 2022, every summary summons indorsed with a claim (other than for an account) under O. 2 RSC to which an appearance has been entered shall be set down before the Deputy Master of the High Court by the plaintiff by way of a motion for liberty to enter final judgment as required by O. 37, r. 1 RSC and shall not be set down before a judge of the High Court by way of an application for summary judgment.
7. Any application for summary judgment currently listed before the High Court in the Summary Judgment List or in the Common Law Motion List which is being adjourned by consent or on the application of one or more of the parties, and in which a hearing of the application has not yet been commenced by the High Court, will, if the adjournment is granted, be adjourned and transferred by the High Court to the Deputy Master to be heard as an application for liberty to enter final judgment, unless the Court determines that it is appropriate that seisin be retained by the Court of the particular application, in which case the application may be adjourned and seisin retained by the Court. It is stressed that this Practice Direction is not intended to interfere with the discretion of the High Court to hear the particular application or to grant or refuse any adjournment of the application should the Court consider it necessary to do so in the interests of justice.
Discovery
8. With effect from 5th December 2022, every application seeking an order for discovery or inspection of documents or of real or personal property or for the delivery of interrogatories shall be issued for a date returnable before the Deputy Master of the High Court and not to the High Court Common Law Motion List.
9. Any application for an order for discovery or inspection or for the delivery of interrogatories currently listed before the High Court in the Common Law Motion List which is being adjourned on consent or on the application of one or more of the parties and in which a hearing of the motion has not yet commenced will be adjourned and transferred by the High Court to the Deputy Master, unless the Court determines that it is appropriate that seisin be retained by the Court of the particular application, in which case the Court may retain seisin and adjourn the application to a date fixed by it. Again, it is stressed that this Practice Direction is not intended to interfere with the discretion of the High Court to hear the particular application or to grant or refuse any adjournment of the application should the Court consider it necessary to do so in the interests of justice.
Family Law Special Summonses
10. With effect from 5th December 2022, all family law special summonses shall be issued for a date returnable before the Deputy Master of the High Court and not to the Family Law List.
11. Any Family Law Special Summonses currently listed before the High Court in the Family Law List will continue to be case managed and heard by the High Court in the Family Law List.
Other Applications over which the Master has Jurisdiction
12. Every application for an order or relief which the Master or the Deputy Master of the High Court has jurisdiction to hear under any of the provisions of the RSC shall be issued for a date returnable before the Deputy Master and not before the High Court. For the avoidance of doubt, the provisions of O. 63, r. 9 RSC which confer on the parties a right of appeal to the High Court from an order of the Master or the Deputy Master of the High Court will continue to apply.
General provisions concerning hearings in the Master’s Court
13. With effect from 5th December 2022, and until further notice, the Deputy Master will sit in the Master’s Court on Tuesdays to Fridays during the law terms commencing at 10:30am each day.
14. The Deputy Master will hear all applications by way of a physical/in person hearing until further notice.
15. Practitioners are reminded that there are still some limits on the number of persons who can attend in person in Court. The current capacity limit for the Master’s Court is sixteen (16). This limit will be kept under review and practitioners should familiarise themselves with the current limit. Practitioners are reminded that this capacity limit may not be exceeded. The Deputy Master will ensure strict compliance with the capacity limit. The cooperation of all practitioners and litigants will be required to ensure that hearings before the Deputy Master can proceed in an effective and efficient manner and in a manner which is safe for all those involved in the administration of justice. In the event of significant difficulties in the conduct of physical/in person hearings in the Master’s Court, I will review and revise these arrangements at short notice and may, if necessary, revert to the arrangements which were in place under Practice Direction HC 106.
David Barniville
President of the High Court
29th November, 2022