The Gazette 1990

GAZETTE

' APRIL

1990

ing the extent of enquiries required and it is hoped to issue detailed re- commendations at an early date. As an interim measure it is recom- mended that the following ad- ditional requisitions be raised on all purchases. "Have any orders been made (or are any proceedings threatened or pending) under the Judicial Separa- tion and Family Law Reform Act 1989 affecting the property for sale or does this sale constitute a disposal for the purposes of defeating a claim for financial relief under section 29 of the Act." The Standard Form of Family Home Protection Act Declaration or Certificate should contain an aver- ment in the following words "The property is not subject to any application or order under the Judicial Separation and Family Law Reform Act, 1989 and is not a disposal for the purposes of defeating a claim for financial relief under S.29 of the Ac t ". n

T H E J U D I C I AL S E P ARA T I ON A N D FAMI LY LAW R E F ORM ACT, 1989 The Sections of this Act which appear to affect the Conveyancer are contained in Sections 15, 16, 17, 18, 19, 20, 22 and especially 29. By virtue of Section 29 of the above Act which came into opera- tion on 19th October last, the Court may review any transaction effect- ed by a spouse with the intent of decreasing the amount of assets available to the other spouse on an Application under the Act. Under this provision a Conveyance or Transfer of property could be set aside. The Act provides, however, that no such Order would be made in respect of a disposition to a bona fide purchaser for Valuable Con- sideration without Notice. It is well established that to be a bona fide purchaser without Notice enquiries should be made. The Conveyancing Committee are presently consider-

Property Valuations Specialized Service includes: Inspections-Reports-Expert witness Loughnane Valuation Services M.IA.V.I. B.Agr.Sc. 4 Carysfort Avenue, Blackrock, Co. Dublin. Tel: (01) 882588. Fax: (01) 832780 PRACT I CE NOTES (contd. f r om p.63) This problem dates back to the 30th May, 1985 and strong repre- sentations will be made to the Government and the Revenue Commissioners for amending legis- lation back-dated to the 30th May, 1985. In the meantime, solicitors should take account of the dangers in all future Wills and policies. With regard to past Wills and Policies, solicitors should rectify the position by correcting the Wills in case the representations do not bear fruit. •

P R E S E N T A T I ON OF P A R C H M E N T S, 22 FEBRUARY, 1960, S O L I C I T ORS L IBRARY, F OUR C O U R T S . (Left to right): J ames O'Connor, Gary McMahon, J ohn Fish, J ohn J . Nash (deceased), Barry O'Connell, Donal Stuart, Paddy Madigan. In the Jan/Feb 1990 Gazette, Mr. Thomas F. O'Connell (otherwise known as Barry O'Connell) was described incorrectly in the above photograph as being Mr. Barry O'Reilly, deceased. The Gazette apologises for the above error and any inconvenience caused.

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