Circuit Court Rules (Equal Status Act, 2000), 2004
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Rules, which may be cited as the Circuit Court Rules (Equal Status Act, 2000), 2004, shall come into operation on the 23rd day of December 2004.
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paragraphs: The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Consolidated Circuit Court Rules, 2001, as amended.
ORDER 63 D
(Equal Status Act, 2000 (No. 8 of 2000))
Rule One
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paragraphs: In this Order “the Act” means the Equal Status Act, 2000 (No. 8 of 2000), and the “the Authority” means the Equality Authority as provided for at Part 1 of the Act and “the Director” means the Director of Equality Investigations as provided for at Part 1 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
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paragraphs: 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 application made or proceedings taken in accordance with these Rules.
Rule Three
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paragraphs: APPEALS AGAINST DECISIONS OF THE DIRECTOR
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paragraphs: (a) all appeals pursuant to section 28 of the Act shall be made by way of originating Motion on Notice which shall set out the grounds upon which the appellant is relying for the reliefs sought. Such applications shall be in accordance with Form 1 annexed hereto, as appropriate.
(b) All appeals pursuant to this Rule, shall be served 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 delivered to or served upon the solicitor who is on record before the Director as acting for the person named as defendant before the Court and to the Director as appropriate; 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. The Motion shall be listed for mention only on the return date set out therein at which time a date for hearing shall be fixed by the Court.
(c) The following documents shall, as appropriate, be filed with the application:
(i) a certified copy of the decision of the Director with the date of the decision thereon;
(ii) certified copies of all notices, pleadings, documents and particulars provided by either party to the Director;
(iii) Any other relevant documentation.
(d) Every application made by way of an appeal from a decision of the Director under section 28 of the Act shall contain a statement of the grounds upon which the plaintiff intends to rely in support of the appeal.
(e) All such applications shall be dated, and bear the name, address and description of the appellant and shall be signed by his solicitor, if any, and, if none, by the appellant.
(f) Upon the application on notice of any party the Judge may order any other party to deliver full and better particulars of any matters stated in the application, or to deliver copies of any documents referred to therein.
(g) Save by special leave of the Court or save as provided for by the Act, all applications under section 28 of the Act shall be heard upon oral evidence.
Rule Four
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paragraphs: ENFORCEMENT OF DECISIONS AND MEDIATED SETTLEMENTS
Applications for relief by way of enforcement pursuant to section 31 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Complainant or the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, as appropriate, which said Affidavit shall exhibit:
(a) certified copy of the decision of the Director or of the written record of the terms of settlement as appropriate:
(b) evidence of the date of the decision or the date of the written record of the settlement as appropriate; and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) an averment that there has not been any appeal pursuant to section 28 of the Act;
(iii) any facts relevant to the alleged failure to comply with the terms of a decision or with the terms of settlement as appropriate;
(iv) any other relevant facts.
Rule Five
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paragraphs: PRODUCTION OF DOCUMENTS AND SUPPLY OF INFORMATION
Applications by the Director or an equality officer for relief pursuant to section 35 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Director or by an appropriate officer duly authorised by Director or by an equality officer which said Affidavit shall, as appropriate, exhibit all documentation relating to requirements made under section 33 (2) (b) and/or section 34 (1) (a) of the Act, as appropriate; and shall set out:
(i) the name, address and description of the person against whom the relief is sought;
(ii) the applicable requirements under section 33 and/or section 34 of the Act;
(iii) the nature of the failure alleged;
(iv) any other relevant facts.
Rule Six
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paragraphs: VENUE
Applications under the Act shall, in accordance with section 45 of the Act, be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.
Rule Seven
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paragraphs: EVIDENCE
Save by special leave of the Court and subject to Rule Three hereof, all applications under the Act shall only be heard upon Affidavit.
Rule Eight
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paragraphs: COSTS
The Court may make such Order as to costs as may be appropriate.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules prescribe Circuit Court procedures in respect of applications brought under the Equal Status Act, 2000 .
FORM 1
AN CHUIRT CHUARDA
THE CIRCUIT COURT
CIRCUIT
COUNTY OF
IN THE MATTER OF SECTION 28 OF THE EQUAL STATUS ACT, 2000
BETWEEN
A.B.
Plaintiff
AND
C.D.
Defendant
NOTICE OF MOTION
TAKE NOTICE that application will be made to the Court on the or the next opportunity thereafter for the following reliefs:
(Here insert details of relief sought)
AND FURTHER TAKE NOTICE that the said application will be grounded upon:
(Here insert grounds upon which the Plaintiff is relying for the reliefs sought)
(Here insert the basis of jurisdiction)
(Here insert the name, address and description of the Plaintiff)
(Here insert a statement of the grounds upon which the Plaintiff intends to rely in support of the appeal)
(The following documents must be annexed to this Notice of Motion namely a certified copy of the decision of the Director with the date of the decision thereon, certified copies of all notices, pleadings, documents and particulars provided by either party to the Director and any other relevant documentation).
Dated this day of 20 .
Signed:
Plaintiff/Solicitor for the Plaintiff
To:
Defendant/Solicitor for the Defendant
And
To:
The County Registrar.