337 / 482
GAZETTE.
SEPTEMBER 1989
Objections &
Requisitions on Title
1989 (Revised)
Edition.
The 1989 Revised Edition of the
Objections and Requisitions on
Title contain a number of changes
some of which relate to the
wording or location of specific
Requisitions without any change in
substance. The
subs t an t i ve
changes made are as follows:
Roads in Charge - Requis. 2 .9 -
This has been amended in line
with the recent Conveyancing
Committee recommendation
that a Solicitors Certificate of
the position concerning the
taking in charge of Roads and
Services be accepted, based on
his inspection of the Local
Au t ho r i ty Records or his
personal knowledge.
Water & Refuse Charges -
Requis. 10.6
- This has been
amended to elicit details of
Water and Refuse Charges
which although not currrently
payable in respect of Premises
were previously payable and
may be outstanding. This in
conjunction with Requis. 10. 8
requires the Vendor to produce
a receipt for such charges up to
the last Accountable Date.
Land Act 1965 - Requis 17.1 -
The words "if the property is not
situate as aforesaid" have been
inserted after Requis. 17.1. If the
answer to 17.1 is in the affirma-
tive then the remainder of this
requisition need not be answered.
Exemp t ed Deve l opmen ts -
Requisition 25.1
- A specific
reference to an Exempted
Development has been added to
emphasize t hat the Query
relates to all Development
whether exempted or not.
New Flats - Expenditure on
qualifying premises - Requis.
2 9 . 32
- This Requisition has
been extended to identify the
relevant period during which the
expenditure was incurred. This
information being required for
the purpose of claiming the
appropriate Relief.
A number of Requisitions have
been laid out and positioned in
such a manner as to make them
easily detachable if they are not
relevant or for use as pre
Contract enquiries.
•
THE TAXES ACTS
The Eleventh supplement to the loose-leaf volumes
"The Taxes Acts" has now been published. The supplement
embodies the amendments made by the Finance Act, 1988.
Copies of the supplement may be purchased from the
Government Publications Sales Office,
Sun Alliance House, Molesworth Street, Dublin 2.
Price £7.50 (postage extra)
Revenue Commissioners. Dublin Castle.
AIJA
2nd, 3rd, 4th NOVEMBER, 1989
at
WYNDERMERE
I N T RODUC T I ON TO ENGL I SH BUS I NESS LAW
Anybody interested, please contact:
MI CHAEL IRVINE,
Matheson Ormsby Prentice,
3 Burlington Road, Dublin 4.
Tel: (01) 760981
Fax: (01) 760501
Telex: 93310
VIEWPOINT
Contd. from page 299.
The scope of the legislation is
very extensive and on every reading
some new point or consideration
can be found. One section which
could cause a repeat of the
conveyancing nightmare of the
Family Home Protection Act or
worse is the provision for
voidance
of certain transactions.
The court
may if it is satisfied that a spouse
to proceedings has or is about to
make a
disposition
of
any
property,
(which will have the effect of
defeating a claim for financial relief)
can set aside the disposition or re-
strain the spouse from so dispos-
ing. Any such disposition is a
"reviewable disposition" unless it
was made for valuable considera-
tion to a person who acted in good
faith and without notice of any
intention to defeat a claim for
financial relief. Where the dis-
position takes place within three
years and has the consequence of
defeating an applicant's claim for
financial relief the intention to
defeat will be presumed unless the
contrary is shown.
The Act also provides that the
High Court and Circuit Family Court
will have jurisdiction to hear appli-
cations for judicial separation.
Furthermore
all
proceedings in the
courts must be heard in as informal
a manner as possible and neither
judges nor barristers shall wear
wigs and gowns. This should also
have significant implications for the
profession. Although solicitors have
had a right of audience in the
Superior Courts for some time this
right has only been exercised in-
frequently. Now that the deterrent
of distinction of dress is gone more
of us should be encouraged to
acquire the specialised advocacy
skills necessary to present our
clients case to the courts.
A discussion on the provisions of
the Act will follow in a future issue
of the
Gazette.
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