Civil Law (Presumption of Death) Act 2019
|
Jurisdiction of courts and venue | ||
|
10. (1) Subject to this section, the Circuit Court shall, concurrently with the High Court, have jurisdiction to hear and determine proceedings under section 5 . | ||
(2) The High Court shall have exclusive jurisdiction to hear and determine proceedings under section 8 . | ||
(3) Where the market value of any land to which an application for an order provided for in section 5 relates exceeds €3,000,000, the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any declaration or decision made in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court. | ||
(4) The jurisdiction conferred on the Circuit Court by this Act may be exercised by— | ||
(a) the judge of the circuit in which the missing person ordinarily resided or carried on any business, profession or occupation before he or she went missing, or | ||
(b) the judge of the circuit in which the applicant ordinarily resides or carries on any profession, business or occupation at the time an application is made under section 5 . | ||
(5) Where the applicant is the Attorney General or other person acting on behalf of the State as set out in section 4 (f), jurisdiction under this section shall lie exclusively with the High Court. | ||
(6) Where the jurisdiction criteria set out in subsection (4) do not apply, the High Court shall have jurisdiction under this Act where— | ||
(a) the missing person was domiciled in the State before he or she went missing, | ||
(b) the applicant is domiciled in the State at the time an application is made under section 5 , or | ||
(c) the application relates to a missing person where that missing person is a victim of violence (within the meaning of the Criminal Justice (Location of Victims’ Remains) Act 1999 ). |