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HC52 - Allocation of business to Deputy Master

Note: this practice direction supercedes the practice direction of the same number dated 8th October 2009.

1. Pursuant to section 10(3) of the Courts (Supplemental Provisions) Act 1961 I hereby direct that the following business of the High Court shall be conducted or transacted before any of the Deputy Masters of the High Court appointed by the Courts Service under section 27(1A) of the Court Officers Act 1926, as amended:

(a) applications for the recognition or enforcement in the State of a maintenance order sent by the Central Authority in the State to the Master of the High Court to which section 7(2) of the Maintenance Act 1974, as amended, refers

(b) applications for a European order for payment pursuant to Regulation (EC) No 1896/2006 of the European Parliament and of the Council of the 12th December 2006 creating a European order for payment procedure and Corrigendum of the 25th January 2007;

(c) applications pursuant to Order 63 rule 1(18) of the Rules of the Superior Courts for the payment out of Court of funds standing to the credit of an infant, which are received by post and which the Deputy Master concerned does not require be made ex parte on affidavit pursuant to rule 12 of that Order;

(d) requests for service of a document pursuant to Order 121B of the Rules of the Superior Courts; and

(e) the issuing and transmission pursuant to Order 39 rule 42 of the Rules of the Superior Courts of certificates in respect of depositions taken under the Foreign Tribunals Evidence Act 1856.

2. Subject to paragraph 3, this direction will take effect from the 20th day of May 2010 and replace the practice direction of the 8th October 2009.

3. This direction shall apply to such applications and requests made and depositions taken prior to the date referred to in paragraph 2, and in respect of which no determination has been made or, as the case may be, no certificate has been issued or transmitted by the Master of the High Court at that date.

4. Applications for the recognition or enforcement in the State of a maintenance order sent by the Central Authority in the State to the Master of the High Court under Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and enforcement of judgments in civil and commercial matters, as amended, shall continue to be made to the Master of the High Court.

Dated this 20th day of May 2010
Nicholas Kearns
President of the High Court