213 / 274
G A Z E T T E
N O V E M B E R
1976
Wife bringing an applicaton against her Respondent/
Husband for financial support. The application is by
Notice of Motion, and the Notice often seeks leave
to call the Respondent in person for cross examination.
It is also common practice to claim in the M<?tion that
an Order be granted to the Petitioner for the costs
incidental to the suit to be taxed
de die in diem
and
that the costs be paid by the Respondent. The Motion
is supported by Affidavit and it is normal to have a
Replying Affidavit before the final Motion is heard
and alimony
pendente lite
is granted or refused. The
substance of the Affidavit is mainly concerned with
the financial position of the parties.
Simultaneous Proceedings: It is common for other
ancillary questions to be heard at the same time as
divorce proceedings such as maintenance, guardianship
and Married Women Status Act cases. When this is
intended, it is necessary to ensure that both or all pro-
ceedings are set down for hearing on the same date.
BIBLIOGRAPHY
1. "Bromleys Family Law" (Fifth Edition) (Butterworths)
1976.
2. "Principles of Family Law" (First Edition: Sweet &
Maxwell), S. M. Cretney.
3 "Family Law" by Margaret Puxton (Penguin paperback
1971).
4. Society of Young Solicitors Lectures:—
a. Lecture No. 33 "Family Law" delivered by Donal
Barrington, March, 1968.
b. Lecture No. 46 "Some Aspects of Family Law" delivered
by Mr. Justice Kenny, March, 1970.
c. Lecture No. 69 "Family Law in the High Court in the
Irish Republic" delivered by Robert Barr, S.C.,
d. Lecture No. 93 "The drafting of Separation Agree-
ments" delivered by Michael V. CFMahony, November
1975.
e. Butterworth's Encyclopaedia of Forms and Precedents
(Fourth Edition) 1968, Volume 10.
VISIT TO THE COURT OF JUSTICE,
LUXEMBOURG
The Society organised a visit to the European Court
of Justice in Luxembourg on the 18th and 19th of
November. About 50 Solicitors participated. Most re-
ported to have found the visit interesting, entertaining
and worth while.
The Court is situated just outside the city of Luxem-
bourg. The building viewed from the exterior is modern,
stark and steel girded. This is in contrast to the interior
which has an air of opulence and luxuriousness which
is not a familiar feature of our Courts. There are three
courtrooms. The Court of Nine Judges sits in plenary
session and in Chambers of three or five. Each court-
room is well appointed with colourful if not attractive
murals, wall to wall carpeting and individual comfort-
able seats for those attending. It is difficult to imagine
the cut and thrust of a good cross-examination in such
surroundings.
In addition, in the Court building each Judge has a
suite of offices for himself, his legal secretary and their
two secretarial assistants. There are conference rooms,
a deliberation room for the Judges, a library and
offices for the administrative staff.
The programme at the Court consisted of six lectures
and a visit to a Chamber of the Court in session. We
were welcomed at the Court by Mr. Justice O'Keeffe
who devoted almost his entire time during our visit
to us. This was much appreciated by all. The lectures
given were all interesting with a useful blend of intro-
ductory and detailed material to take account of the
differing levels of familiarity of the participants with
EEC Law. It was a significant help that the lectures
were commenced by an extremely lucid account by
John Usher, the legal secretary to Advocate General
Warner, of the Role, Function and Procedure of the
Court.
The hospitality of the Court was generous. We were
entertained to a lunch which was so plentiful in its
solid and liquid refreshment that the first lecture of
the afternoon session had to be cancelled. We should
like to point out that this was not at the request of the
participants. Prior to the lunch we had been entertained
to an aperitif at which we met some of the Judges,
Advocate Generals and Legal Secretaries. The latter
group of people are a type of functionary unknown
to our system. Each Judge and Advocate General has
a legal secretary who is a young qualified Lawyer.
He does much of the research work connected with
cases being heard and some initial drafting of Judge-
ments.
One remarkable feature of our visit was the obvious
and deliberate Public Relations policy of the Court.
It has a high level official as an information officer.
He and his assistants work full time towards promot-
ing awareness of the Court and its activities in the
Member States. They do this by organising visits such
as ours, travelling to give lectures and by providing
a good written information service free in some respects
and otherwise at relatively low cost. They view with
great pride the increasing number of cases being re-
ferred to the Court.
The serious part of the programme ended in Luxem-
bourg. We flew to Paris on Friday afternoon for the
week-end. A failure by the Hotel Commodore to
honour all our bookings slightly marred the first even-
ing. However, the tolerance of the group overcame
the problem. Professional loyalty prevents an account
of the events of the week-end. Suffice to say it would
appear that the pleasures of Paris were sampled in
their many and differing forms.
ANNUAL SUBSCRIPTIONS
The Committee of the Society of Young Solicitors
has considered the question of membership of the
Society and has decided that in the future annual
subscriptions will b? incorporated in the registration
fee payable at seminars. Consequently, all persons at
present paying subscriptions by Bankers Order or
otherwise are asked to arrange for these to be can-
celled. It should be noted that all persons who are
members of the Incorporated Law Society will receive
all circulars issued by the Society.
2 1 4