The Gazette 1995

GAZETTE

JANUARY/FEBRUARY 1995

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Fami ly Dispute Resolution - The Sol icitor's Role

setting out the views of the client in relation to each separate relief sought. If it is suggested that the other party is in receipt of any other income, known details of that income should be set out. Alternatively, if either party is on welfare, details of that should also be set out. The Brief should then, in the usual way, list the witnesses which it is proposed to be called, with a short statement of the evidence which they are to give and finally any other matters which should be dealt with. May I also suggest that when it comes to the actual Hearing of the case, it helps if practitioners have their facts and figures properly marshalled; their legal submissions brief and to the point, and if they propose to call witnesses, practitioners should It is also helpful if cross-examination is directed only to that part of the evidence of the other party that it is proposed to dispute. It is preferable if the precise wishes of the respective parties are opened to the Judge at the outset of the proceedings, so that if evidence is given, their views can be assessed in the context of the overall evidence, and not as to nota-bene at the end of the case." At the close of his talk, Judge Smyth referred to the suggestions which are contained in the Law Reform Commission's report on Family Courts, dealing with the establishment of a Family Law Division and the setting up of regional Family Law Centres. In Judge Smyth's words "the first would require more judges but would be an eminently desirable objective for the future. The second would provide an information and referral service offering information ascertain what evidence those witnesses will give, before the Hearing, and not during it - as sometimes seems to happen.

first page contents should set out in numbered form, matters such as the following, for example:-

The Family Law and Legal Aid Committee organised a seminar based on the theme Family Dispute Resolution - The Solicitor's Role, which was held in Blackhall Place on 16 November, 1994 before an invited audience. The seminar was principally aimed at members of other professions such as counsellors, child psychiatrists, probation and welfare officers and others who participate in one way or another in family law disputes. Immediately following the seminar, a reception was held which gave the participants an opportunity to discuss issues of mutual interest in an informal setting. The seminar was addressed by His Honour Judge Esmond Smyth, Judge of the Circuit Court, Dr. Gerard Byrne, Child Psychiatrist and Rosemary Horgan, Solicitor. In his address, Judge Smyth noted that there is only one full-time family law judge for the Circuit Family Court for the county and eity of Dublin, who must deal with the family law problems of a population of over 1 million people. í The family law list in the Circuit Court consists of a motion list on Monday (containing from 50 to 90 or 100 applications), and four days thereafter to deal with substantive hearings of applications for Decrees of Judicial Separation with all the consequential reliefs and orders which it is open to the Court to make, the fact that these lists are cleared was described by Judge Smyth as something of 'a forensic miracle' which spoke volumes for the professional approach of practitioners. Judge Smyth made a number of very helpful suggestions to facilitate the efficient conduct of a family law case, which the Committee feels are worth repeating in their entirety as follows:- "The following is the traditional format which should be adopted, either in briefing counsel or as an aide memoire for a solicitor who is presenting the case himself. The

1. The application itself;

2. The Certificate pursuant to Section 6 of the 1989 Act; the Appearance; the Answer; any Motions and any other Orders and any other pre- Trial Orders of the Court; 3. Any Affidavit of Discovery together with the copies of the documents discovered in it; 4. Copies of any P60's or other relevant tax documents for, at least, the year ending prior to the date of the application; 5. Copies of any payslips in respect of relevant earnings; 7. A copy of any folios; 8. A paginated Book of i Correspondence in sequential form; 9. The parties statement of means. The Brief should then contain under ' the heading "The Matrimonial Background or History" in summarised form, all the relevant facts which it is felt the Court should know. Then under the heading "The Family Home" there should be a history of the family home; any details about mortgages or other ascertained wishes are in respect of it. Then if the client is employed there should be details of employment, including a statement as to whether it is proposed to have anyone from that employment in Court to give evidence in relation to it. The Brief should then proceed under the heading of the Reliefs Sought 6. A copy of the Certificate of Readiness; incumbrances on it; its present valuation and what the parties

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