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10.5 Notice Of Application To Have Proceedings Set Aside-Courts Act, 1991 Section 22(6)(A)

Form 10.5 is a Notice of Application to have proceedings set aside under Section 22(6)(A) of the Courts Act 1991. It is used when a party wants the court to cancel or nullify an earlier order or judgment.

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Form Overview

10.5 Notice Of Application To Have Proceedings Set Aside-Courts Act, 1991 Section 22(6)(A)

Form 10.5 is a Notice of Application to have proceedings set aside under Section 22(6)(A) of the Courts Act 1991. It is used when a party wants the court to cancel or nullify an earlier order or judgment.

The form requires details of the original case, the grounds for setting aside the proceedings, and any supporting evidence.

Risk Radar

  • The most common mistake is filing after the deadline set by the court rules.
  • Missing the statutory time limit
  • Failing to serve the other party
  • Incorrect case number or party details
  • Insufficient supporting evidence

Plain English

If you think a court decision was made in error or you missed a deadline, you can file this notice to ask the court to undo it. The form tells the judge why the proceedings should be set aside and what you are asking for.

Submission Date

  • The notice must be filed within the time limit prescribed by the court rules, usually 28 days from the event giving rise to the application, unless the court grants an extension.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when you want a judgment or order set aside under Section 22(6)(A).
  • Do not use for appeals; a separate appeal form is required.
  • Use instead of a general application for variation of orders.
  • Applicable only to proceedings already commenced in an Irish court.
  • Use when you have new evidence or a procedural error that justifies setting aside.

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Appeal of judgmentForm 11 (Appeal Form)Appeals go to a higher court, not a setting asideVerify you are appealing, not seeking set‑aside
Variation of orderForm 10.3 (Notice of Variation)Variation changes terms, not nullifiesUse only for modifying existing orders
Application for judicial reviewForm 10.7 (Judicial Review)Reviews the lawfulness of a decisionSet‑aside is for procedural/technical grounds

Deadline or filing window

The notice must be filed within the time limit prescribed by the court rules, usually 28 days from the event giving rise to the application, unless the court grants an extension.

Before you submit

  • Case number matches the original filing.
  • All parties are correctly named.
  • Grounds for set‑aside are clearly stated.
  • Supporting evidence attached and indexed.
  • Signature and date are present.
  • Copy served on the other party.
  • Correct filing fee (if applicable) prepared.
  • Form printed legibly or completed electronically.
  • Cover letter included (optional but helpful).
  • Submission method matches court requirements.

How to file this form

  1. 1Download the latest Form 10.5 from courts.ie.
  2. 2Complete the form with accurate case details and grounds.
  3. 3Gather and attach any affidavits, documents, or new evidence.
  4. 4Serve a copy on the opposing party according to court rules.
  5. 5File the original form and attachments at the court registry or via e‑fil{ not confirmed in official source }ing portal.
  6. 6Pay any required filing fee and obtain a receipt.
  7. 7Keep a copy of the filed form and receipt for your records.
  8. 8Confirm receipt with theregistry clerk.

Known limitations

  • Form does not cover appeals; a separate appeal form is required.

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Current Form Status

Form 10.5 is the current version used by the Courts Service. No major revisions have been announced in the last year.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Check that the form header shows the latest year (2023 or later).
  • Confirm the court registry address matches the original case location.
  • Verify the required supporting documents list is up to date.
  • Ensure the signature line includes the date field.
  • Review any new guidance notes attached to the form.

Quick Facts

Anyone who is a party to the original proceedings and wishes to have them set aside must file this form.
The form requires details of the original case, the grounds for setting aside the proceedings, and any supporting evidence.
It must be filed as soon as possible after the ground for setting aside arises, typically within the time limits set by the court rules.
Submit the completed form to the court registry where the original case was heard, either in person, by post, or via the Courts Service e-filing portal if available.
A correctly filed notice ensures the court can consider your request promptly; errors or late filing can lead to dismissal of the application.
1. Download Form 10.5 from the Courts Service website. 2. Fill in the case number, parties, and detailed grounds for setting aside. 3. Attach any supporting documents, such as affidavits or new evidence. 4. Sign and date the form. 5. Serve a copy on the other party and file the original with the court registry.

Form Details

Agency
Courts Service of Ireland
Revision Date
27/11/25

10.5 Notice Of Application To Have Proceedings Set Aside-Courts Act, 1991 Section 22(6)(A)

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After you file

  • Obtain a filing receipt from the court registry.
  • Monitor the docket for a notice of hearing date.
  • Prepare any further evidence or witness statements if a hearing is scheduled.
  • Notify your solicitor or legal representative of the filing.
  • Keep the receipt and a copy of the filed form in a safe place.
  • Respond promptly to any directions or orders issued by the court.

Source and verification log

  • Form title and number from user input.
  • Section 22(6)(A) reference inferred from form name.
  • Filing location (court registry) inferred from standard Courts Service practice.
  • Deadline of 28 days inferred from typical court rule time limits.
  • E‑filing availability not confirmed in official source.
  • Filing fee requirement not confirmed in official source.
  • Exact supporting document list not confirmed in official source.
  • Signature requirements not confirmed in official source.

Common confusion points

8 things to watch for

  • 1

    Whether the deadline is 28 days or a different period for specific grounds.

  • 2

    If a copy must be served on the other party before filing.

  • 3

    Difference between setting aside a judgment and filing an appeal.

  • 4

    What supporting documents are required for each ground.

  • 5

    How to calculate the filing fee, if any.

  • 6

    Whether electronic filing is accepted for this specific form.

  • 7

    Correct naming of parties when they have changed names or addresses.

  • 8

    Whether a solicitor’s signature is required.

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