Circuit Court Rules (Equal Status Acts 2000 to 2004) 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules, which may be cited as the Circuit Court Rules (Equal Status Acts 2000 to 2004) 2006, shall come into operation on the 28th day of July 2006.
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paragraphs: These Rules shall be construed together with the Circuit Court Rules 2001 to 2006.
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paragraphs: The Circuit Court Rules are hereby amended by the insertion, immediately following Order 57, of the following Order.
“ORDER 57A
EQUAL STATUS ACTS, 2000 to 2004
Rule One - DEFINITION
In this Order “the Act” means the Equal Status Act, 2000 (No. 8 of 2000), and “the Authority” means the Equality Authority as provided for in Part I of the Act and “the Director” means the Director of the Equality Tribunal as provided for in Part I of the Act and “the Court” means the Circuit Court and “the Minister” means the Minister for Justice, Equality and Law Reform. “equality officer” shall be construed in accordance with Section 20 of the Act.
Rule Two - TRANSITIONAL
All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as an application made or proceedings taken in accordance with these Rules.
Rule Three - APPEALS AGAINST DECISIONS OF THE DIRECTOR (SECTION 21 OF THE ACT)
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paragraphs: An appeal pursuant to section 21(7A) of the Act from a decision of the Director on an application by a complainant for an extension of time under subsections (3) or (7) of that section shall be made within the period specified in subsection (7A) of that section by originating Motion on Notice to the Director and to the complainant or respondent, as the case may be (in this Rule referred to as “the other party”), which Notice shall be entitled in the matter of section 21(7A) of the Act, shall specify the grounds of appeal and shall be grounded on an affidavit exhibiting a certified copy of the decision appealed against and setting out any relevant facts.
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paragraphs: Notice of the appeal shall be given to the Director and the complainant or respondent, as the case may (in this Rule referred to as “the other party”), by service of the Notice of Motion and grounding affidavit no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being served upon the Director and the other party, or where such other party was represented by a solicitor before the Director, upon such solicitor; and service of the appeal or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the party for whom such solicitor acts upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered.
Rule Four - APPEALS AGAINST DECISIONS OF THE DIRECTOR (SECTION 22 OF THE ACT)
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paragraphs: An appeal pursuant to section 22(2) of the Act from a decision of the Director under section 22(1) of the Act dismissing a claim shall be made by originating Motion on Notice to the Director and to the respondent, which Notice shall be entitled in the matter of section 22(2) of the Act, shall specify the grounds of appeal and shall be grounded on an affidavit exhibiting a certified copy of the decision appealed against and setting out any relevant facts.
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paragraphs: Notice of the appeal shall be given to the Director and the respondent by service of the Notice of Motion and grounding affidavit no later than 10 days prior to the return date set out in the Motion either in accordance with the provisions as to service of Civil Bills and other documents contained in Order 11 of these Rules or by being served upon the Director and the respondent or where such respondent was represented by a solicitor before the Director, upon such solicitor; and service of the appeal or any other document upon such solicitor, or delivery of same at his office, or sending same to him by prepaid post to such office shall be deemed to be good service upon the respondent upon the day when the same is so delivered or served, or upon which in the ordinary course of postage it would be delivered.
Rule Five - APPLICATIONS UNDER SECTION 23(3) OF THE ACT