The Gazette 1989

GAZETTE.

SEPTEMBER 1989

Objections & Requisitions on Title 1989 (Revised) Edition. The 1989 Revised Edition of the Objections and Requisitions on Title contain a number of changes some of which relate to the wording or location of specific Requisitions without any change in substance. The subs t an t i ve changes made are as follows: Roads in Charge - Requis. 2 .9 - This has been amended in line with the recent Conveyancing Committee recommendation that a Solicitors Certificate of the position concerning the taking in charge of Roads and Services be accepted, based on his inspection of the Local Au t ho r i ty Records or his personal knowledge. Water & Refuse Charges - Requis. 10.6 - This has been amended to elicit details of Water and Refuse Charges which although not currrently payable in respect of Premises were previously payable and may be outstanding. This in conjunction with Requis. 10. 8 requires the Vendor to produce a receipt for such charges up to the last Accountable Date. Land Act 1965 - Requis 17.1 - The words "if the property is not situate as aforesaid" have been inserted after Requis. 17.1. If the answer to 17.1 is in the affirma- tive then the remainder of this requisition need not be answered. Exemp t ed Deve l opmen ts - Requisition 25.1 - A specific reference to an Exempted Development has been added to emphasize t hat the Query relates to all Development whether exempted or not. New Flats - Expenditure on qualifying premises - Requis. 2 9 . 32 - This Requisition has been extended to identify the relevant period during which the expenditure was incurred. This information being required for the purpose of claiming the appropriate Relief. A number of Requisitions have been laid out and positioned in such a manner as to make them easily detachable if they are not relevant or for use as pre Contract enquiries. •

THE TAXES ACTS The Eleventh supplement to the loose-leaf volumes "The Taxes Acts" has now been published. The supplement embodies the amendments made by the Finance Act, 1988. Copies of the supplement may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. Price £7.50 (postage extra) Revenue Commissioners. Dublin Castle.

AIJA

2nd, 3rd, 4th NOVEMBER, 1989 at WYNDERMERE I N T RODUC T I ON TO ENGL I SH BUS I NESS LAW

Anybody interested, please contact: MI CHAEL IRVINE,

Matheson Ormsby Prentice, 3 Burlington Road, Dublin 4.

Tel: (01) 760981 Fax: (01) 760501 Telex: 93310

VIEWPOINT Contd. from page 299. The scope of the legislation is very extensive and on every reading some new point or consideration can be found. One section which could cause a repeat of the conveyancing nightmare of the Family Home Protection Act or worse is the provision for voidance of certain transactions. The court may if it is satisfied that a spouse to proceedings has or is about to make a disposition of any property, (which will have the effect of defeating a claim for financial relief) can set aside the disposition or re- strain the spouse from so dispos- ing. Any such disposition is a "reviewable disposition" unless it was made for valuable considera- tion to a person who acted in good faith and without notice of any intention to defeat a claim for financial relief. Where the dis- position takes place within three years and has the consequence of defeating an applicant's claim for

financial relief the intention to defeat will be presumed unless the contrary is shown. The Act also provides that the High Court and Circuit Family Court will have jurisdiction to hear appli- cations for judicial separation. Furthermore all proceedings in the courts must be heard in as informal a manner as possible and neither judges nor barristers shall wear wigs and gowns. This should also have significant implications for the profession. Although solicitors have had a right of audience in the Superior Courts for some time this right has only been exercised in- frequently. Now that the deterrent of distinction of dress is gone more of us should be encouraged to acquire the specialised advocacy skills necessary to present our clients case to the courts. A discussion on the provisions of the Act will follow in a future issue of the Gazette. •

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