Family Courts Act 2024
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Amendment of section 10 of Act of 1976 | ||
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74. Section 10 of the Act of 1976 is amended— | ||
(a) by the deletion of subsection (1), | ||
(b) by the substitution of the following subsection for subsection (2): | ||
“(2) Subject to the provisions of this section, the Family District Court, the Family Circuit Court and the Family High Court shall concurrently have jurisdiction to hear and determine proceedings under this Act.”, | ||
(c) by the deletion of subsection (3), | ||
(d) by the substitution of the following subsection for subsection (4): | ||
“(4) Subject to section 67 of the Family Courts Act 2024 and subsection (4B), the Family District Court shall not have jurisdiction in proceedings under this Act where the market value of any land to which the proceedings relate exceeds €1 million.”, | ||
(e) by the insertion of the following subsections after subsection (4): | ||
“(4A) Subject to section 67 of the Family Courts Act 2024 and subsection (4B), where proceedings are brought in the Family District Court and the court is of the view, on the basis of the evidence before it, that the market value of the land to which the proceedings relate exceeds €1 million, the court shall transfer the proceedings to the Family Circuit Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the Family Circuit Court. | ||
(4B) The Minister for Justice may by order increase the amount referred to in subsections (4) and (4A) up to a maximum amount of €2 million where he or she considers it appropriate to do so having regard to— | ||
(a) changes in the market value of land, | ||
(b) the need to minimise the costs of proceedings, and | ||
(c) the guiding principles in section 8 of the Family Courts Act 2024. | ||
(4C) Every order made by the Minister for Justice under subsection (4B) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, | ||
(f) in subsection (5)(b), by the substitution of “€50,000” for “€15,000”, and | ||
(g) by the deletion of subsection (7). |