The Gazette 1985

GAZETTE

APRIL 1985

BOOK REVIEW

A Casebook on Irish Family Law by William Binchy

(Professional Books). 487 pages, 1984.

The term "family law" describes a comprehensive and

well-ordered system of laws and procedures relating to

spouses and parents and children and which is

particularly responsive to their needs in marriage

breakdown: obviously a statement of the ideal rather than

the actual state of things.

Amongst the many difficulties encountered by the

family law practitioner is the absence of reliable and up-

to-date information on the judicial development of the

law. This book remedies this problem, at least up to mid-

1984. To leave it at that would be a poor compliment to

Mr. Binchy. Very considerable research was needed to

discover all of the judgments (unreported as most of them

are) and then there was the marshalling of the material

and the preparation of the introductory passage in each

chapter and of the notes and questions which follow each

case. Practitioners and students have good cause to be

grateful to Mr. Binchy's capacity for hard work, his

knowledge of the subject and the deep reflectiveness

which his book evinces.

The opening chapter deals with the constitutional and

judicial framework. After the passing of the Courts Act

1981, there was question of the constitutionality of the

apparent removal of jurisdiction from the High Court.

Tlie judgment of Gannon J. in

E.R. -v-D.R.

(16 February

1984) is set out in full, after which come notes and

questions which seek to tease out basic considerations for

reform leading to a Family Court.

In the next chapter, dealing with nullity of marriage,

attention is focussed on the two cases of

R.S.J,

-v-

J.S.J.

(1982 reported case, Barrington J.) and

-v- C.

(unreported, 19 May 1983, Costello J.) developing the law

of nullity in cases of psychiatric disability. The following

two chapters consider the family outside marriage and a

number of aspects of marriage such as the taxation of

married couples

{Murphy

-v-

Attorney General

), the

seldom met question of restitution of conjugal rights (D. -

D.,

20 December 1966, Butler J.), and the matter of

privilege for communications between spouses and

marriage counsellor (1981 reported case of

E.R.

-v-

J.R.,

Carroll J.).

Of the remaining twelve chapters, those dealing with

such bread and butter issues as family maintenance, the

recognition of foreign divorces, family property, the

Family Home Protection Act 1976, separation

agreements and guardianship will be of immediate

practical interest to the practitioner.

But the appeal of Mr. Binchy's Casebook on Irish

Family Law is not limited to the practitioner. The case

histories recorded in the judgments present an authentic

picture of the reality of marriage problems in

contemporary Irish society. Legislators and their advisers

and those interested in social and legal reform, as well as

students whether of law or the behavioural sciences, will

find this book a unique source of much valuable

material.

•

Laurence Branigan

INCORPORATED LAW SOCIETY OF IRELAND

PROFESSIONAL SERVICES DIVISION

The Society proposes recruiting two solicitors to augment the professional staff in the Professional Services Division. This

Division is particularly concerned with solicitor/client relationships and the interaction between such relationships and

the public image of the profession, as voiced by the media. The Division is also concerned wtih relationships between

members of the profession and the development of a high ethical standard within the profession at a time when long held

beliefs are being seriously questioned within and without the profession.

The post will appeal to a solicitor who

- has wide experience and who now seeks a satisfying and challenging assignment,

- is a good communicator, able to speak well in public, whether to solicitors, the press or on television or radio,

- is capable of undertaking the examination of individual practice situations and where necessary, the re-organisation

of established practices.

Experience in word processing, time costing and computerised accounts will be an advantage.

Salary will be by negotiation c. £17,500 with the usual fringe benefits.

SECOND POST

This will appeal to a solicitor with some practice experience, who in the short term, is interested in broadening his

experience of the administration of the profession. The assignment will be for a period of two years and will attract a salary

of c.£ 10,000.

Either post may be filled on a secondment or consultancy basis.

Candidates should send comprehensive personal career and salary details to the undersigned (marked PERSONAL) not

later than 12.00 noon, on 15th June, 1985.

JAMES J. IVERS, DIRECTOR GENERAL, THE LAW SOCIETY,

BLACKHALL PLACE, DUBLIN 7.