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 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.
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
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Appeal of judgment | Form 11 (Appeal Form) | Appeals go to a higher court, not a setting aside | Verify you are appealing, not seeking set‑aside |
| Variation of order | Form 10.3 (Notice of Variation) | Variation changes terms, not nullifies | Use only for modifying existing orders |
| Application for judicial review | Form 10.7 (Judicial Review) | Reviews the lawfulness of a decision | Set‑aside is for procedural/technical grounds |
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.
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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
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10.5 Notice Of Application To Have Proceedings Set Aside-Courts Act, 1991 Section 22(6)(A)
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8 things to watch for
Whether the deadline is 28 days or a different period for specific grounds.
If a copy must be served on the other party before filing.
Difference between setting aside a judgment and filing an appeal.
What supporting documents are required for each ground.
How to calculate the filing fee, if any.
Whether electronic filing is accepted for this specific form.
Correct naming of parties when they have changed names or addresses.
Whether a solicitor’s signature is required.
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