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Court: High
Topic: Commissions of Investigations Act 2004
Category: Civil

HC39 - Commissions of Investigations Act 2004

1. The following procedures shall apply to applications to the High Court under the Commissions of Investigation Act, 2004 ("the Act") pending the coming into operation of rules of court regulating the procedure in such proceedings.

2. An application made under any of the following sections of the Act shall be made by originating notice of motion ("the notice of motion"):

(a) an application for a direction under paragraph (a) of section 11(3) of the Act;

(b) an application for an order under section 16(6) of the Act ;

(c) an application for an order under section 17(3) confirming a direction of a commission of investigation ("commission") to pay costs under subsections (1) or (2) of section 17 of the Act;

(d) an application for an order under section 21(7) of the Act;

(e) an appeal against a determination of a commission under section 22(1) of the Act;

(f) an application for an order under section 35(1)(b) of the Act;

(g) an application for directions under section 35(2)(b) of the Act;

(h) an application for directions under section 38(2) of the Act.

3. (1) The notice of motion shall be entitled in the matter of the relevant section of the Act pursuant to which the application is made, on the application of the applicant. Where orders, directions or other reliefs are sought as against any person or persons, the notice of motion shall additionally be entitled as between the applicant and such person or persons as respondents, and shall contain the names and addresses of each respondent. The notice of motion shall specify the particular reliefs sought against each respondent and the particular provision or provisions of the Act authorising the granting of each such relief.

 (2) The notice of motion shall be grounded upon an affidavit sworn by or on behalf of the applicant, and shall be served, together with such a copy of such affidavit and any exhibits thereto, upon each respondent and upon such other person or persons as the court may direct. The provisions of Order 52, rule 6, of the Rules of the Superior Courts (concerning notice) shall apply to the service of the notice of motion.

4. In the case of an application for a direction under paragraph (a) of section 11(3) of the Act, save where the court otherwise directs, the grounding affidavit shall exhibit in a sealed envelope, particulars or a transcript of the evidence, or (as the case may be) a true copy of the document sought to be disclosed or published, which envelope is to be opened only by or at the direction of the court. This procedure shall apply to references made to such evidence or document in any other affidavit in respect of such application.

5. In the case of an application for an order under section 16(6) of the Act, the notice of motion shall specify the direction given by the commission compliance with which is sought and specify the relief sought of the court in order to enable the direction to have full effect. Where such direction has been given in writing, the grounding affidavit shall exhibit a true copy of the document containing such direction.

6. In the case of an application for an order under section 17(3) of the Act, the grounding affidavit shall specify the basis on which the commission has, under subsection (1) or (2) of section 17 of the Act, as the case may be, directed the respondent to pay the costs concerned.

7. In the case of an application for an order under section 21(7) of the Act, the notice of motion shall specify the request made by the commission of the respondent under section 21(5) of the Act and, where such request was made in writing, the grounding affidavit shall exhibit a true copy of such request.

8. In the case of an appeal against a determination of a commission under section 22(1) of the Act,

(a) the notice of motion shall specify the request, question or direction, referred to in section 21(2) of the Act, in response to which the respondent claimed to be entitled to refuse to disclose information or produce a document, and

(b) the grounding affidavit shall

(i) where the determination of the commission was made in relation to a document, exhibit any written statement provided by the appellant in accordance with section 21(4)(b) of the Act or affidavit provided by the appellant in accordance with section 16(1)(f) of the Act, and

(ii) exhibit a true copy of the document, if any, containing or recording the determination made by the commission under section 21(2) of the Act.

9. In the case of an application for an order under section 35(1)(b) of the Act, the grounding affidavit shall exhibit the draft report or part of such draft received by the applicant.

10. In the case of an application for directions under section 35(2)(b) of the Act, the grounding affidavit shall exhibit

(a) the draft report or part of such draft the subject of the application, and

(b) the written statement submitted to the commission in accordance with paragraph (a) of section 35(1) of the Act.

11. In the case of an application for directions under section 38(2) of the Act, save where the court otherwise directs, the grounding affidavit shall exhibit in a sealed envelope the relevant part or parts of the final report or interim report the subject-matter of the application, which envelope is to be opened only by or at the direction of the court. This procedure shall apply to references made to such report in any other affidavit in respect of such application.

12. On the date first fixed for the hearing of the notice of motion (or on any adjournment of such hearing), the court may give such directions and make such orders, including the fixing of time limits, for the conduct of the proceedings as appears convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings, which may include:

(a) directions as to the service of notice of the application on any other person, including mode of service and the time allowed for such service (and the court may for that purpose adjourn the hearing of the notice of motion or further hearing of such application to a date specified), and

(b) directions as to the service of any further affidavit by any party upon any other party or parties.

13. This practice direction shall cease to have effect on the coming into operation of the rules of court referred to above.

Dated this 21st day of July, 2005
President of the High Court