The Gazette 1996

JULY 1996

GAZETTE

It should be addressed to the "Registrar of Wards of Court". Reference to the requirement to attend before the Master contained in Form 3 of Appendix A to the 1996 Rules should be deleted and in lieu thereof the following inserted: "No service. This Summons is issued for the purpose of obtaining an order pursuant to the provisions of the Powers of Attorney Act, 1996". summons should set out the section of the Act under which the application is brought and the relief claimed. It should be grounded on an affidavit which should contain the information set out in, and which should exhibit the documents set out in, Schedules copies of which are available from the Registrar of Wards of Court. of the Summons and of the affidavit grounding it and copies of the exhibits (certified by the applicant's solicitor as being true copies) should be delivered by hand to the office of the Registrar of Wards of Court. registration is made under section 9(1) of the Act and section 10(2) does not apply the Registrar shall proceed to register the Enduring Power of Attorney in accordance with the provisions of the Act. When section 10(2) applies an in the case of applications under sections 8 and section 9(3) of the Act the Registrar shall obtain the directions of the President of the High Court or a judge nominated by him as to what enquiries are to be made [when the application is made under section 9(1)1, what persons should be given notice of the hearing, the date of the hearing and any other matter required to enable the court to (3) As soon as practicable after the issue of the Summons two copies (4) When an application for 2. The Endorsement on the

of attempting to resolve this case by negotiation? (b) Have negotiations, in fact, taken place? (c) If not, please state the reason why. 6. EXCHANGE OF EVIDENCE (a) Have you already exchanged medical reports with your opponent? (b) If not, are you prepared to do so? 7. SPECIAL DAMAGES (a) Have you calculated the special damages? (b) Have you calculated the social welfare payments that fall to be deducted from any award? 8. SETTLEMENT (a) Do you wish the judge presiding at the Case Conference to assist in the settlement of the action? POWERS OF ATTORNEY ACT 1996 ENDURING POWERS OF ATTORNEY REGULATIONS 1996. (S.l. NO. 196 OF 1996) The above entitled Act contains provisions for applications to be made to the High Court in relation to "enduring powers of attorney" as therein defined. Pending the making of Rules of Court by The Superior Court Rules Committee the procedure to be adopted in making such applications should be as follows: (1) Applications under sections 8, 9(1), 9(3) of the Act and paragraph 4(2) of the First Schedule to the Act should be made by Special Summons to be issued in the Central Office. The summons should be entitled: "In the matter of the Powers of Attorney Act, 1996" In the matter of an Instrument creating an Enduring Power of Attorney executed by A.B. of on the day of 19 On the application of C.D. of

2. PRE-TRIAL PROCEDURES (a) Have all Orders which have been made to date in this case been complied with? (b) If not specify what Orders have not been complied with. (c) Please state what steps you propose to take in relation to these outstanding Orders. (d) Do you propose to make any further applications to the Court prior to the hearing? (e) Please state what applications you propose to make. (f) Please state when you propose to make these applications. (g) Have you given all the particulars ! (h) If not, what particulars of personal J injuries remain outstanding? (i) When did you propose to give these i j particulars? (j) Have you given all particulars of special damage and loss so as to enable the case to proceed without i delay? (k) If not, state what particulars you propose to give. j (1) Please state when you propose to give these particulars to the Defendant. j | (m) State why they have not been furnished to date, (n) Have you considered the desirability of obtaining leave to deliver interrogatories? (o) If so, have you reached a decision not to do so? 3. COURT FILE (a) Have you confirmed that the Court file is now complete and that there are no notices for particulars, replies to notices for particulars or | other documents which should be on the Court file but remain unfiled? I 4. LENGTH OF TRIAL ! (a) What are the estimates for the j minimum and maximum lengths of | the trial. j 5. RESOLUTION OF THE ISSUES BY NEGOTIATION ' (a) Have you considered the possibility of personal injuries suffered by the Plaintiff together with particulars 1 of the consequences of these injuries so as to enable the case to proceed without interruption or delay?

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