Special CC Procedures

Affidavit of Means

In any case where financial relief under any of the Acts to which the principal part of the CC Rules applies is sought, the parties shall file Affidavits of Means. Where a Defence and/or Counterclaim has been filed, each party shall, unless the other party dispenses in writing with the requirement of vouching, vouch his Affidavit of Means. This is to be done in the manner specified in Form 37L and within 28 days of the date of filing of the Respondent’s Affidavit of Means or 21 days before the date fixed for a case progression hearing, whichever is earlier.

If a party fails to file, serve or properly vouch the items referred to in his or her Affidavit of Means as required by the Rules, the Court, on application by notice of motion, and the County Registrar, on application by notice of motion or in the course of case progression, may:

• make an order enlarging the time within which the party in default must file or serve an Affidavit of Means and/or vouch (in such manner or on such terms as the Court or the County Registrar directs) the items referred to in any Affidavit of Means;
• make an order for Discovery; or
• make such other orders as the Court deems appropriate and necessary (including an order that such party shall not be entitled to pursue or defend as appropriate a claim for any ancillary reliefs under the Acts save as permitted by the Court upon such terms as the Court may determine are appropriate and/or adjourning the proceedings for a specified period of time to enable compliance).

Content of Affidavit of Means

The Affidavit of Means shall set out in schedule form details of:

• the party’s income, assets, debts, expenditure and other liabilities wherever situated and from whatever source and,
• to the best of the deponent’s knowledge, information and belief the income, assets, debts, expenditure and other liabilities wherever situated and from whatever source of any dependent member of the family.

The Affidavit of Means shall be in accordance with Form 37A in the Schedule of Forms or such modification thereof as may be appropriate.

Where relief in relation to a pension is sought, the Affidavit of Means shall also state to the best of the deponent’s knowledge, information and belief:

• the nature of the scheme;
• the benefits payable under the scheme;
• the normal pensionable age;
• the period of reckonable service of the member spouse.

Where information relating to the pension scheme has been obtained from the trustees of the scheme under the Pensions Acts 1990 to 2015, such information should be exhibited in the Affidavit of Means. Where such information has not been obtained a specific averment shall be included in the Affidavit of Means as to why such information has not been obtained.

Affidavit of Means by Respondent

In any proceedings in which financial relief is sought, an Affidavit of Means, sworn by the respondent, shall be filed and served together with the Defence. In all proceedings where an Affidavit of Welfare of the applicant is required, an Affidavit of Welfare, sworn by the respondent, shall be filed and served together with the Defence.

Where pension relief is sought by way of counterclaim, notice thereof in accordance with Form 37C of the Schedule of Forms shall also be served on the trustees of the pension scheme in question and an Affidavit of such service sworn and filed within seven days of service of the Defence and Counterclaim.

Whether or not a Defence is filed and served in any proceedings, the respondent shall, where appropriate, in any event be obliged to file and serve an Affidavit of Means and an Affidavit of Welfare in accordance with the CC Rules within 20 days after the service of the Family Law Civil Bill upon him or her.

Affidavit of Welfare

An Affidavit of Welfare shall be in the manner provided for in Form 37B in the Schedule of Forms. Where the respondent agrees with the facts as averred to in the Affidavit of Welfare filed and served by the applicant, the respondent may file and serve an Affidavit of Welfare in the alternative form provided for in Form 37B.

Where the Respondent disagrees with the Affidavit of Welfare filed and served by the applicant, a separate Affidavit of Welfare, including the schedule provided for in Form 37B, shall be sworn, filed and served by the respondent in accordance with rule 31.

Medical and/or Psychiatric Inspectors

Where medical and/or psychiatric inspectors are appointed by the Court or the County Registrar, the solicitors for the parties shall attend with the parties on the appointed day at the place in which the inspection is to take place for the purpose of identifying the parties to the County Registrar or his nominee.

Where a party is unrepresented, appropriate photographic proof of identity must be produced sufficient to satisfy the County Registrar or his nominee of the identity of the party concerned.

Costs

In all proceedings under the CC Rules, the Court may make such order as to costs as it considers just. In all proceedings under the CC Rules, the costs as between party and party may be measured by the Judge, and if not so measured shall be taxed in default of agreement by the parties by the County Registrar. Any party aggrieved by such taxation may appeal to the Court to have the costs reviewed.

Where necessary, the Court may make an order determining who shall bear any costs incurred by trustees of a pension scheme. In making such determination the Court shall have regard to any representations made by the trustees pursuant to rule 41.

Notification to Non-Parties

Where, in any application in proceedings pursuant to the CC Rules, it is appropriate to direct an order to any third person who is not a party to the proceedings, the Court may, if it thinks fit, adjourn the matter and direct the applicant or the respondent to notify the third person of the fact that an order is sought against him and of the adjourned date, so that he may appear and be heard in relation to the making of the order.

Alternatively, the Court may, when making an order directed to any third person, provide in the order that the person concerned should have liberty to apply to the Court on notice to the applicant and the respondent to set aside the order made, in so far as it is directed against or relates to the said third person.

Affidavit of Representations

Any affidavit of representations to be used by the trustees of the pension scheme shall be filed in the appropriate Office and served upon the applicant and the respondent.

Save where the Court otherwise directs, any notice party, including the trustees of a pension scheme, who wishes to make representations to the Court shall make such representations by Affidavit of Representation.

An Affidavit of Representation shall be filed and served on all parties to the proceedings within 28 days of service upon the notice party of notice of the application for relief.

Accompanying Person or Support Worker

Where a party, being the applicant or the respondent or other party in the proceedings, wishes to be accompanied in court in any proceedings to which a relevant enactment relates by another person (hereinafter referred to as “the accompanying person”) in accordance with section 40(5) of the 2004 Act, save in a case to which section 26 of the Domestic Violence Act applies, the party shall complete Form 37K and

(a) where the other party or parties to the proceedings have agreed to the accompanying person, the party making such application shall lodge Form 37K, duly completed, with the County Registrar prior to or at the commencement of the hearing in the proceedings, and shall apply to the Court at that hearing to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act.

(b) save in ex parte applications, where the other party or parties have not agreed to the accompanying of the party by the accompanying person, the party seeking to be so accompanied shall, by motion (to which Form 37K, duly completed, shall be appended) on notice to the other party or parties returnable not later than four days prior to the date fixed for the hearing of such proceedings, unless the Court otherwise directs, apply to the Court to approve the accompanying of the party concerned by the accompanying person and for such directions as the Court may give under section 40(5) of the 2004 Act.

(c) in ex parte applications, subject to the filing of Form 37K in accordance with paragraph (a), the approval of any accompanying person shall be at the discretion of the Court.

(2) On any such application, the Court may approve the accompaniment of the party concerned by the accompanying person, subject to such directions as the Court may give, or may refuse such approval.

(3) The Court may, of its own motion or on the application of any party or person, vary or modify any directions given under sub-rule (2).

(4) The Court may, of its own motion or on the application of any party or person, make an order under section 26(2) of the Domestic Violence Act at any stage of the proceedings.

 

Disclosure of documents, information or evidence for the purposes of section 40 of the Civil Liability and Courts Act 2004

113. An application by a party for an order for the disclosure to any third party of documents, information or evidence connected with or arising in the course of proceedings under a relevant enactment for the purposes set out in section 40(8) of the 2004 Act shall be made by motion to the Court on notice to the other party or parties, grounded upon an affidavit sworn by or on behalf of the moving party.

Publicity of proceedings

Where required by statute, and subject to any order of the Court, hearings of proceedings and applications under the CC Rules shall be held in camera.

Proceedings under:

• Guardianship of Infants Act 1964
• Family Law (Maintenance of Spouses and Children) Act 1976
• Family Home Protection Act 1976
• Status of Children Act 1987
• Judicial Separation and Family Law Reform Act 1989
• Family Law Act 1995 Family Law (Divorce) Act 1996
• Children Act 1997
• Children and Family Relationships Act 2015

Bona fide members of the press

Prior to, at the commencement of, or during the course of the hearing of proceedings to which a relevant enactment relates, the Court may

make inquiries of any person attending the proceedings with a view to verifying whether that person is a bona fide member of the press

(b) hear any application by or on behalf of a party or person mentioned in section 40(3A)(b) of the 2004 Act (or the Director of Public Prosecutions in a case to which paragraph (e) of that sub-section refers) for an order under 40(3A)(b) of the 2004 Act or may for the purposes of considering the making of any such order of its own motion, hear submissions from any such party or person.

(2) An application referred to in paragraph (b) of sub-rule (1), if made prior to the commencement of the hearing of the proceedings, shall be by way of Notice of Motion, on notice to the other party and to any other person the Court shall direct.

(3) The Court may, at any time during the course of the hearing of the proceedings, of its own motion or on the application of a party or person mentioned in section 40(3A)(b) of the 2004 Act (or the Director of Public Prosecutions in a case to which paragraph (e) of that sub-section refers), having heard the parties and any other person it considers necessary, vary or modify any order made in accordance with sub-rule (1)(b).