Sentences with phrase «adopted as a court order»

Charlotte Leyshon, associate at Hugh James, says: «The final step of having an agreement reached through mediation or arbitration formalised and adopted as a court order is crucial.

Not exact matches

On 26th July 2016, the court adopted the terms of settlement signed by the parties as the judgment of the court and ordered the parties to abide by the terms of the consent judgment.

As required by executive orders and a 2008 court ruling, federal agencies use the SCC to inform regulators about the economic consequences of rules they adopt.

In 1993, following a state supreme court order to equalize public school spending, the state's school finance system adopted a provision known as the «Robin Hood» law that requires property - rich districts to subsidize poorer districts within the state.

The Court indeed starts by recalling its case - law according to which «in order to assess whether the same measure would have been adopted in normal market conditions by a private investor in a situation as close as possible to that of the State, only the benefits and obligations linked to the situation of the State as shareholder — to the exclusion of those linked to its situation as a public authority — are to be taken into account.»

The matter was no less urgent because of the General Court's recent order in Cases T - 192 / 16, T - 193 / 16 and T - 257 / 16 NF, NG and NM v European Council, which established that the deal does not count as measure adopted by one of the institutions of the EU for the purposes of judicial review under the Treaties.

Adopting the perspective of the European Union, therefore, the dicta of the UK Supreme Court judgment can be regarded as an explicit endorsement and acceptance of what Kaarlo Tuori describes as the Court of Justice of the European Union's constitutional function of «positioning» the Union legal order through the creation of juridical doctrines such as primacy and direct effect.

The parties will then present a Closing Argument summarizing the evidence presented, apply the facts of the case to the applicable law, and argue why their position should be adopted as the orders of the court.

As such, CCLA had urged the Court to adopt an approach that recognizes freedom of expression and limit any order that might violate this fundamental right.

It was further ordered that the court would adopt the recommendations of the psychologist as an interim order of the court until an evidentiary hearing could be held.

In view of that, Chief Justice Christopher Hinkson suggests that the court and parties would be well served if family arbitrators adopt a practice of including as part of their award, a summary of the award in a form akin to an order which can readily be filed in the registry.

If the court finds that time is of the essence, the court may approve the recommendation and immediately adopt it as an interim order of the court.

Whilst the Court of Justice alone has jurisdiction to declare an EU act invalid, where a claim is lodged with the national supervisory authorities they may, even where the Commission has adopted a decision finding that a third country affords an adequate level of protection of personal data, examine whether the transfer of a person's data to the third country complies with the requirements of the EU legislation on the protection of that data and, in the same way as the person concerned, bring the matter before the national courts, in order that the national courts make a reference for a preliminary ruling for the purpose of examination of that decision's validity

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

It Is Hereby Ordered, pursuant to the provisions of NRS 2.120, that the annexed rules be and the same hereby are adopted for the government of the Supreme Court of Nevada and the legal profession in this state; that the same shall be effective on October 15, 1965; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges) and to each justice of the peace and to each police judge in this state, and that the certificate of the clerk of this court as to such mailing, not less than 30 days prior to October 15, 1965, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2Court of Nevada and the legal profession in this state; that the same shall be effective on October 15, 1965; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges) and to each justice of the peace and to each police judge in this state, and that the certificate of the clerk of this court as to such mailing, not less than 30 days prior to October 15, 1965, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges) and to each justice of the peace and to each police judge in this state, and that the certificate of the clerk of this court as to such mailing, not less than 30 days prior to October 15, 1965, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2court as to such mailing, not less than 30 days prior to October 15, 1965, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2.120.

If the proposed parenting plan gives each parent time with the child and also describes which parent the child will be with during school breaks, holidays, and vacations, the court will likely adopt the plan as an order.

On the rare occasions that conduct is a relevant factor, the following approach may be adopted; Allegations of conduct should be included in Form E although the parties should be discouraged from raising allegations of conduct unless absolutely necessary; The district judge should clarify at the directions appointment whether conduct is being pursued and, if so, order particulars to be given of the precise allegations relied on and give directions as to the evidence to be adduced by each party; An alternative route may be to defer the filing and service of conduct statements until after the family dispute resolution hearing to allow potential settlement to be explored; It should be taken into account that conduct is one of the relevant considerations in determining whether proceedings should be transferred to the High Court, although conduct alone is unlikely to be sufficient to justify a transfer.

By analogy, when a state legislature fails to adopt a redistricting plan that complies with the constitution, which is normally a political question, this failure to act allows a federal court to craft a redistricting plan as a remedy for the failure of the legislature to act, in order to protect the constitutional rights of voters and candidates in future elections, even though no express language of the constitution or statute addresses the remedy when a state legislature fails to pass a redistricting plan.

To elaborate, the majority opinion took great pains [see FR, pp. 75 - 76] to highlight the similarities between the Hellenic and the Italian legal order, while endorsing unconditionally the position adopted by the Constitutional Court of Italy in its celebrated Sentenza 238/2014 (nullifying as unconstitutional a municipal law binding domestic courts to follow the ICJ's ruling in the Jurisdictional Immunities Case).

At a court hearing, the parents decide whether to request that the court adopt the mediator's report as a court order, or whether to set the issue for trial.

Further, Family Code section 2451 (a)(3) gives protection to attorneys who follow any discovery plans adopted as part of a court - ordered family resolution plan as follows:

The court shall not enter a proposed order unless the court finds that the communication or contact between the child adoptee, the adoptive parents, and a birth parent or parents as agreed upon and as set forth in the proposed order, would be in the adopted child's best interests.

The main purpose of the Act is to amend the Adoption Act 2010 to provide: • that married parents may place a child for adoption, on a voluntary basis, in circumstances where both parents place the child for adoption and where both parents consent to the making of the adoption order; • for revised criteria so that where an application to adopt a child is made in respect of a child who is in the custody of and who has had a home with the applicants for a period of at least 18 months, and where that child's parents have failed in their parental duty towards that child for a continuous period of not less than 36 months, the High Court may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the cCourt may dispense with parental consent and authorise the Adoption Authority to make an adoption order in respect of that child; • that the best interests of the child is the paramount consideration in relation to any matter, application or proceedings under the Adoption Act 2010 and that the views of the child shall be ascertained by the Adoption Authority or by the court, as the case may be, and shall be given due weight, having regard to the age and maturity of the ccourt, as the case may be, and shall be given due weight, having regard to the age and maturity of the child.

In a divorce action, with limited exceptions, the parents are required to attend mediation in order to attempt to reach agreement on a temporary parenting plan, if this effort fails the court will then enter an order adopting a temporary parenting plan as proposed by one of the parties — both parents may submit a proposed plan for consideration.