McG. (G.) v. W. (D.) (No.2) [1999] IEHC 208; [2000] 1 ILRM 121 (18th June, 1999)

McG. (G.) v. W. (D.) (No.2) [1999] IEHC 208; [2000] 1 ILRM 121 (18th June, 1999)

The High Court has no jurisdiction to reopen concluded proceedings or to join the Attorney General as a party after final orders have been made, except in limited circumstances not present here. The absence of the Attorney General as a party does not invalidate the declaration made under Section 29 of the Family Law Act 1995, and the presence of a contradictor is not a legal requirement for making such a declaration. Finality of litigation is a fundamental principle and cannot be disturbed in this case.

Citation
[2000] 1 ILRM 121
Parties
Petitioner: G McG; Respondent: D W; Notice Party: A R; Applicant (motion to Be Joined): Attorney General
Jurisdiction
Ireland
Procedural Posture
Matrimonial/family Law Declaratory and Nullity Proceedings / Post Judgment Motion to Join Attorney General as Party After Final Order
Outcome
motion refused
Legal Topics
Recognition of Foreign Divorces, Declaratory Relief, Joinder of Parties, Finality of Judgments
Family Law Civil Procedure Recognition of Foreign Divorces Declaratory Relief Joinder of Parties Finality of Judgments

Case Brief

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Parties

G McG

Petitioner

D W

Respondent

A R

Notice Party

Attorney General

Applicant (motion to Be Joined)

Procedural Posture

Matrimonial/family Law Declaratory and Nullity Proceedings / Post Judgment Motion to Join Attorney General as Party After Final Order

Legal Issues

  1. 1 Whether the High Court has jurisdiction to reopen concluded proceedings to join the Attorney General as a party after final orders have been made under Section 29 of the Family Law Act 1995.
  2. 2 Whether the absence of the Attorney General as a party invalidates the declaration as to recognition of a foreign divorce.
  3. 3 Whether a declaration can be made in the absence of a 'proper contradictor'.

Ratio Decidendi

The High Court has no jurisdiction to reopen concluded proceedings or to join the Attorney General as a party after final orders have been made, except in limited circumstances not present here. The absence of the Attorney General as a party does not invalidate the declaration made under Section 29 of the Family Law Act 1995, and the presence of a contradictor is not a legal requirement for making such a declaration. Finality of litigation is a fundamental principle and cannot be disturbed in this case.

Court Disposition

motion refused

Orders

  • Relief sought by the Attorney General to be joined as a party is refused.