The Gazette 1982

JULY/AUGUST 1982

GAZETTE

Domestic Court in the judicial system, to understand the background of the parties before the Court, to learn about the nature, extent and effect of decisions to be made, including the consequences and various procedures open to the Court. Unlike the situation in this Jurisdiction members of the press are allowed attend and report quite extensively on domestic proceedings. Members of the public can also attend. However Magistrates' Courts still have powers to hear proceedings in camera. An interesting feature of the Domestic Proceedings and Magistrates' Court Act, 1978, is that Consent Orders can not be made (unless relating to variation or enforcement of Maintenance) without evidence being given which in effect re-enforces the supervisory role of the Magistrates' Court. It is interesting to note that once again unlike the law in this Jurisdication the Magistrates' Court before deciding whether to exercise its power shall considerwhether there is any possibility of reconciliation between the parties and ifit appears to the Court that there is a reasonable possibility of such a reconciliation the Court may adjourn the proceed- ings and request a Probation Officer or any other person to attempt to effect a reconciliation. Pursuant to the Magistrates' Courts Act, 1980, the Magistrates' Courts must briefly record in writing the matters in dispute and the reasons which lead to their decision. This book is obviously not going to attract very many legal practitioners in this country because it deals with the law and procedures ofanother Jurisdiction. The book how- ever is reasonably well written and presented. Since there are many interestingfeatures ofthematrimonial law applic- able in Magistrates' Courts I would strongly recommend it to everyone interested in reform in this area ofthe law in this country. Eugene Davy

BOOK REVIEW Matrimonial Proceedings in Magistrates Courts by W. A. W. Strachan. Sweet and Maxwell 1982. The purpose of Mr Strachan's book is to provide a guide to the Domestic Proceedings andMagistrates' Courts Act 1978 the main provisions of which came into force in England and Wales in February, 1981. One of the primary purposes of the Domestic Proceed- ings and Magistrates' Courts Act, 1978, was to commence the process towards uniformity between the law applicable inMagistrates' Courts and the law applicable in the County Court and High Court. It is interesting to observe that this purpose is in direct contrast to the rationale behind the Courts Act, 1981 and the Family Law (Protection of Spouses and Children) Act, 1981, which attempt to oust the Jurisdiction of the High Court in family law matters in this Jurisdiction. In the Preface to his book Mr Strachan states that since the enactment of the Divorce ReformAct, 1969, there was an irreconcilable dichotomy in the matri- monial law applied inMagistrates' Courts as distinct from the High Court and County Court. Matrimonial Law in the High Court and County Court is governed primarily by the Matrimonial Causes Act, 1973, whereas the law in Magis- trates' Courts was until recently governed by the Matri- monial Proceedings (Magistrates' Courts) Act, 1960. Pursuant to the Domestic Proceedings and Magistrates' Courts Act, 1978, the Magistrates' Court now has Juris- diction to make Protection Orders and Exclusion Orders in favour of applicant spouses. The applicant spouse however must prove that the defending spouse has been guilty of violence and unlike the Family Law (Protection of Spouses and Children) Act, 1981, which applies to this Jurisdiction, it is not sufficient for her to establish that it is in the interests of her welfare or the welfare of her children to have the defendant spouse prohibited from living in the family home. Unlike the injunction relief available in the County Court and High Court the Exclusion Order and Protection Order can only be granted to husbands or wives. Pursuant to the aforementioned Act Magistrates' Courts can make Orders relating to Maintenance (including lump sum payments up to £500), Affiliation Orders, Custody Orders, Access Orders, Child Care Orders and limited Orders relating to Adoption. Remedies such as Divorce, Judicial Separation, and Orders relating to matrimonial property are still reserved to the County Court and High Court. Magistrates' Courts constituted to hear and determine domestic proceedings are now known as "Domestic Courts" and the Magistrates' Courts Act, 1980, provides that such a Court must be composed of not more than three Justices of the Peace including as far as practicable both a man and a woman. It is interesting to note that a Justice of the Peace is only competent to sit in such a Court if he is a member of a Domestic Court Panel specially appointed to deal with domestic proceedings (there are however certain • specified exceptions when these requirements need not be observed). The Lord Chancellor has directed that aMagistrate on being appointed to the Domestic Court Panel will under- take a course of instruction to be completed within a year of appointment to the Panel. Basic training is designed to enable the Magistrate to appreciate the place of the

THE LAW SCHOOL BLACKHALL PLACE

Solicitors having a minimum of two years' experience are invited to tutor in the Society's Law School in the usual practice areas especially Civil Litigation and Taxation (both Capital and Income). Existing contributors need not apply in response to this appeal — their continuing service is needed and appreciated. Please send applications with details of experience to:

The Education Department, Incorporated Law Society of Ireland, Blackhall Place, Dublin 7.

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