Courts Act 2016
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Amendment of sections 140 and 196 of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 | ||
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2. (1) In this section “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 . | ||
(2) Section 140 of the Act of 2010 is amended, as respects proceedings brought under the Act of 2010 after the commencement of this section — | ||
(a) by the substitution, for subsection (5), of the following: | ||
“(5) The Circuit Court shall transfer proceedings to the High Court on application to it by a party to the proceedings, if land to which the proceedings relate has a market value that exceeds €3,000,000. | ||
(5A) In subsection (5) and the following subsection, ‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land. | ||
(5B) Where civil partnership law proceedings are brought in the Circuit Court in relation to land and the plaintiff or applicant in the proceedings alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (5), it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount.”, | ||
and | ||
(b) by the substitution, for subsection (10), of the following: | ||
“(10) Subject to subsection (9), the District Court has all the jurisdiction of the High Court to hear and determine a question arising out of section 34 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed does not exceed €15,000.”. | ||
(3) Section 196 of the Act of 2010 is amended, as respects an application brought, after the commencement of this section, for an order for redress referred to in section 173 of the Act of 2010, by the substitution, for subsection (6), of the following: | ||
“(6) The Circuit Court shall transfer, to the High Court, proceedings on applications for orders for redress referred to in section 173 on application to it by a party to the proceedings, if land to which the proceedings relate has a market value that exceeds €3,000,000. | ||
(6A) In subsection (6) and the following subsection, ‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the making of the application concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land. | ||
(6B) Where an application, in relation to land, is brought in the Circuit Court for an order for redress referred to in section 173, and the applicant alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (6), it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount.”. | ||
(4) This section shall come into operation on such day as the Minister for Justice and Equality may by order appoint. |