Courts and Court Officers Act, 1995

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Hearings by Master of High Court.

25.—(1) Subject to subsection (2) of this section and section 26 of this Act, the Master of the High Court may, in all such applications made ex parte or by motion on notice whether interlocutory or otherwise and in all such applications for judgement by consent or in default of appearance or defence as may from time to time be allocated for hearing by the Master of the High Court by the President of the High Court, exercise all the functions, powers and jurisdiction which a judge of the High Court exercises from time to time.

(2) Without prejudice to the powers of the Master of the High Court under the Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 , the Master of the High Court shall not exercise any function, power or jurisdiction in respect of any of the following matters:

(a) matters relating to criminal proceedings;

(b) matters concerning the liberty of the person, including attachment;

(c) the granting of injunctions;

(d) bail;

(e) the trial of any issue before the trial of an action;

(f) conditional or other orders in State Side matters, or any other form of application for judicial review, save orders for enlargement or abridgement of time;

(g) any cause or matter concerning a Ward of Court;

(h) any matter relating to custody of children;

(i) approval of settlements in cases in which damages are claimed on behalf of infants;

(j) applications under section 63 of the Civil Liability Act, 1961 .

(3) All the functions, powers and jurisdiction exercised by the Master of the High Court immediately before the passing of this Act by virtue of any statute or rule of court may continue to be exercised by the Master of the High Court save in so far as the same are inconsistent with the exceptions mentioned in subsection (2) of this section.

(4) The Master of the High Court may exercise such further or other functions and powers in relation to matters arising before the trial of an action as may from time to time be conferred on the Master of the High Court by rules of court.

(5) All orders of the Master of the High Court shall be subject to appeal to the High Court.

(6) Rules of court may be made by the Superior Courts Rules Committee, with the concurrence of the Minister in relation to any function, power or jurisdiction conferred on the Master of the High Court under this section.