COURTS

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

This form is used to apply to have court proceedings set aside under Section 22(6)(A) of the Courts Act, 1991. You would use this form when you believe there are valid grounds to cancel or nullify previous court proceedings or judgments.

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Form Overview

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

The form captures details about the original proceedings, specific legal grounds for setting them aside, and supporting evidence or arguments supporting your application.

Risk Radar

The most common mistake is not providing sufficient legal grounds for why the proceedings should be set aside.
Missing the deadline for applying to set aside proceedings
Insufficient legal grounds provided in the application
Failure to notify all relevant parties properly
Incorrectly completed form sections

Plain English

This form lets you ask the court to cancel a previous legal decision or case. If you think a court case shouldn't have happened or the decision was made improperly, this is how you can formally request that it be set aside.

Submission Date

Applications to set aside proceedings should generally be made within a reasonable time after becoming aware of the grounds, typically no later than 21 days after the judgment, though this may vary depending on the circumstances.
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

section request apply valid

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What this form is for

• Use this form when you want to challenge the validity of court proceedings
• Use when there was a fundamental error in how the proceedings were conducted
• Use when you were not properly notified of the original proceedings
• Use when there was a lack of jurisdiction by the court
• Use when there has been a significant change in circumstances affecting the case

Use this form or another form?

Situation	Likely form	Why it matters	Check before you continue
Appeal the decision	Form 10.1 Notice of Appeal	For challenging the outcome rather than the proceedings themselves	Check if you're appealing the decision or the proceedings
Apply for a review	Form 10.2 Notice of Application for Review	For cases where new evidence has emerged	Verify if your case involves new evidence not available before
Seek an injunction	Form 10.3 Notice of Application for Injunction	To prevent specific actions from occurring	Determine if you need to stop action rather than reverse past action

Deadline or filing window

Applications to set aside proceedings should generally be made within a reasonable time after becoming aware of the grounds, typically no later than 21 days after the judgment, though this may vary depending on the circumstances.

Before you submit

• Verify all personal details are correct
• Confirm case number and court details match original proceedings
• Ensure all grounds for setting aside are clearly stated
• Check that all required supporting documents are included
• Verify the correct court fee is included or payment method is valid
• Confirm the form is signed and dated
• Ensure copies will be served on all other parties involved

How to file this form

1Obtain the official Form 10.5 from the Courts Service website or court office
2Complete all sections with accurate details about the original proceedings
3Prepare a detailed statement explaining why the proceedings should be set aside
4Gather all supporting evidence and documents
5Calculate and include the correct court fee
6Submit the completed form to the relevant court office
7Ensure copies are served on all other parties to the original proceedings

Known limitations

• This form cannot be used to appeal a decision that has already been appealed
• It may not be appropriate for cases involving minor procedural errors
• The court has discretion to refuse applications without providing reasons
• Applications based on new evidence may require additional documentation
• Time limits for applying are strictly enforced in most cases

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Current Form Status

This form is current as of the Courts Service of Ireland's latest publication, but always verify you're using the latest version from their official website before submitting.

Agency: Courts Service of Ireland

What changed or needs a fresh check

• Updated formatting requirements for supporting documents
• Changes in fee structure for applications
• Modified sections for grounds of application
• New requirements for serving notice on other parties
• Updated contact information for court offices

Quick Facts

This form should be filed by a party who was involved in the proceedings they wish to have set aside, typically by the defendant or a person directly affected by the judgment.

The form captures details about the original proceedings, specific legal grounds for setting them aside, and supporting evidence or arguments supporting your application.

This form should be submitted as soon as possible after becoming aware of the grounds for setting aside the proceedings, as delays may affect your application's success.

Submit this form to the relevant court office handling the original proceedings, either in person, by post, or potentially through the Courts Service of Ireland's online portal if available.

Submitting correctly matters because errors or delays could result in your application being rejected, potentially leaving the original judgment in place with all its legal consequences.

Complete all sections of the form with accurate details about the original proceedings and your legal reasons for seeking to have them set aside. Attach any supporting documents that strengthen your case. Submit the completed form to the appropriate court office with the required fee, if applicable.

Form Details

Agency: Courts Service of Ireland
Category: Other Court Forms
Source: Court Forms ↗
Revision Date: 27/11/25

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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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After you file

• Keep a copy of your submitted application for your records
• Monitor for any response or hearing date from the court
• Prepare for a potential court hearing if one is scheduled
• Notify any relevant parties of the application if required
• Follow up with the court if you don't receive acknowledgment within the expected timeframe

Related Forms

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Source and verification log

• Form issued by Courts Service of Ireland
• Based on Section 22(6)(A) of the Courts Act, 1991
• References to specific timeframes are not confirmed in official source
• Information about court fees is not confirmed in official source
• Details about serving other parties are not confirmed in official source
• Information about online submission options is not confirmed in official source

Common confusion points

7 things to watch for

1
Confusing this form with an appeal form (Form 10.1)
2
Uncertainty about what constitutes valid grounds for setting aside proceedings
3
Not understanding the difference between setting aside proceedings and appealing a decision
4
Difficulty identifying the correct court office to submit to
5
Confusion about time limits for applying
6
Uncertainty about which parties need to be notified
7
Not knowing what supporting evidence is required