New Circuit Court Rules for Family Law Proceedings (November 2008)

New Circuit Court Rules which will entirely affect the practice of family law in the Circuit Court were introduced on 12th September, 2008 (Statutory Instrument No 358 of 2008 – Circuit Court Rules (Case Progression in Family Law Proceedings) 2008).

These Rules will come into operation on 1st October, 2008 and will apply to all Circuit Family Court proceedings commenced after that date. Proceedings instituted prior to 1st October, 2008 will continue to be dealt with under the pre-existing Rules.

The new Rules provide inter alia for the following changes:

Motions for Judgment in Default of Appearance or Defence will be returnable initially before the County Registrar, save in the case of Motions returnable to the Dublin Circuit.
The Rules now also provide that it is necessary for both parties to fully vouch their Affidavit of Means within 28 days of filing their Affidavit of Means, or 21 days before a “case progression hearing”, whichever is the earlier. The Rules also set out a comprehensive list of vouching documentation required in Circuit Family Court cases. Failure to provide, or to properly vouch, an Affidavit of Means can lead to various Orders being made either by the County Registrar in the course of case progression or by the Court.

One of the most significant changes is the introduction of “case progression” in Circuit Family Court practice. The Rules state that the purpose of case progression “is to ensure that proceedings are prepared for trial in a manner which is just, expeditious and likely to minimise the costs of the proceedings and that the time and other resources of the Court are employed optimally.”

The Rules provide that “case progression” will apply to all proceedings in which relief is being sought under any of the Family Law Acts, i.e. they will apply to all Circuit Family Court proceedings. The Rules provide that the first case progression hearing will take place not later than 70 days after the filing of the Defence, Affidavit of Means and, where required, Affidavit of Welfare, on the part of the Respondent. The Rules also provide for a “case progression questionnaire” which must be completed by both parties prior to the case progression hearing. Under the Rules, the County Registrar will also deal with contested Motions for Judgment in Default of Appearance and/or Defence through case progression hearings. It is also possible for either party to the proceedings to apply to the County Registrar for case progression where necessary and appropriate.

The County Registrar will have wide-ranging powers to make appropriate directions to advance proceedings, to include the provision of vouching documentation, fixing a timetable for the completion of the case, and the time and mode of trial. The Rules also provide that the County Registrar must advise the Court in a formal report if he or she concludes that there has been undue delay or default in complying with any order made.

At all case progression hearings, the Rules provide that the solicitors on both sides must be in attendance and the County Registrar may also direct that the parties to the proceedings should also personally attend. The Rules also provide that counsel may attend, but that counsel’s fees will only be allowed in the taxation of costs where the County Registrar has so certified. The County Registrar may also award costs incurred in connection with the case progression hearings as between party and party.

Finally, the new Rules have amended several existing Circuit Family Court Forms, in addition to introducing new Forms necessitated by the introduction of case progression.