Oireachtas Joint and Select Committees

Tuesday, 22 November 2022

Select Committee on Justice and Equality

Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 60:

In page 16, between lines 32 and 33, to insert the following:

“Amendment of section 65 of Act of 1936

31.Section 65 of the Act of 1936 is amended—
(a) in subsection (3), by the substitution of “subsection (2) and section 65A” for “subsection (2)”, and

(b) in subsection (4), by the substitution of “subsection (1), including those to which section 65A applies,” for “subsection (1)”.”.

The amendments relate to fees payable and unpaid fees under the 1961 Act and provide for a number of technical amendments to the Courts of Justice Act 1936. Most court fees are payable at the point of lodgment of court documents. The prospect of such fees remaining outstanding generally does not arise in such circumstances. However, certain court fees, in particular fees payable on foot of a taxation of costs are collectible after the event, and instances of non-payment have arisen. Amendment No. 61 enables the recovery of unpaid court fees as a civil debt by means of court proceedings.

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