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 to join the Attorney General as a party after final Orders have been made and perfected, except in cases of accidental slip, error, or fraud. The absence of the Attorney General does not invalidate the declaration under Section 29 of the Family Law Act 1995, and a declaration may be made without a contradictor if all interested parties are present and represented.

Citation
[1999] IEHC 208
Parties
Petitioner: G McG; Respondent: D W; Notice Party: A R; Applicant for Joinder: Attorney General
Jurisdiction
Ireland
Procedural Posture
Matrimonial / Post Judgment Motion to Reopen and Join Attorney General as Party
Outcome
motion refused
Legal Topics
Recognition of Foreign Divorces, Declaratory Relief, Finality of Judgments, Joinder of Parties
Family Law Civil Procedure Recognition of Foreign Divorces Declaratory Relief Finality of Judgments Joinder of Parties

Case Brief

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Parties

G McG

Petitioner

D W

Respondent

A R

Notice Party

Attorney General

Applicant for Joinder

Procedural Posture

Matrimonial / Post Judgment Motion to Reopen and Join Attorney General as Party

Legal Issues

  1. 1 Whether the High Court has jurisdiction to reopen concluded proceedings to join the Attorney General as a party
  2. 2 Whether the absence of the Attorney General as a party invalidates a declaration under Section 29 of the Family Law Act 1995
  3. 3 Whether a declaration can be made without a 'proper contradictor'

Ratio Decidendi

The High Court has no jurisdiction to reopen concluded proceedings to join the Attorney General as a party after final Orders have been made and perfected, except in cases of accidental slip, error, or fraud. The absence of the Attorney General does not invalidate the declaration under Section 29 of the Family Law Act 1995, and a declaration may be made without a contradictor if all interested parties are present and represented.

Court Disposition

motion refused

Orders

  • Relief sought by Attorney General to reopen proceedings and join as party is refused.