Sentences with phrase «application alleging a breach»

Specifically, it is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act or an order not affecting children for example a property order under Part XIII of the Family Law Act.

Not exact matches

The accused has brought an application to exclude the evidence of his readings into the breathalyzer on the basis of section 24 (2) of the Charter, resulting from alleged breaches of sections 7, 8, 9, 10 (a) and (b) of the Charter.

In its amended state, s 47 (8) will allow a warrant application where there has been an alleged breach of either a non-molestation order — which under the new regime would no longer have a power of arrest attached — or an occupation order which has no power of arrest attached to the provision allegedly breached.

Advising ship builder in relation to numerous contractual disputes with the buyer relating to interpretation and application of contractual clauses and issues relating to alleged breaches of duties of confidentiality.

A case of particular interest in the regulatory context is CITIC Pacific Ltd v. Secretary for Justice and anor, [160] in which the Hong Kong Court of Appeal considered the application of the crime - fraud exception in the context of alleged fraud and breach of listing rules by a company (CITIC) listed on the Hong Kong Stock Exchange.

• JJW Ltd v IBRC Asset Finance Ltd (2017), in relation to an application by the Defendant to strike out the Claimant's claim for c. # 150 million, arising out of alleged breaches of an # 82 million loan agreement.

The ECHR determines applications by any person, group or one or more of the contracting states which allege a breach of human rights.

There were six alleged breaches in the committal application which ranged from Mr King Mason downloading 38,000 files of data held on a hard drive and USB stick, to confidential information in emails.

Mr King Mason was cross examined by counsel for the Claimant on the alleged breaches, some of which he admitted, but a decision was taken not to cross examine the two witnesses from Mischon de Reya, who served the committal application.

The parties voluntarily submit to the jurisdiction of these courts for any litigation arising out of or concerning the application, interpretation or any alleged breach of this Independent Contractor Agreement.

Represent insurer in judicial and ADR proceedings concerning the application of separate directors and officers and representations and warranty policies to claims arising out of the alleged breach of a written stock purchase and sale agreement concerning a complex corporate transaction, in Massachusetts.

In R v Cullen, 2016 ABQB 272 (CanLII), a self - represented litigant attempted to file an application alleging Charter breaches in relation to his arrest as well as against mental health and government housing agencies.

Doyle v. Doyle, Chancery Division [2008]--(successful application to strike out a claim alleging breaches of trust and seeking the removal and replacement of trustees)

15)- scope and application of Articles 27 and 28 of the Brussels Regulation — whether proceedings in England to enforce the settlement and the jurisdiction agreements involved the same cause of action as proceedings in Greece alleged to be in breach of the settlement and the jurisdiction agreement.

Karagoz v Bulet (2013)-- application for an injunction to restrain the purchasers of shares from disposing of them where the shares were alleged to have been knowingly acquired in breach of trust.

He brings a habeas corpus application and seeks damages under s. 24 (1) as a remedy for alleged breaches of his ss.

Where a court is considering an application for an enforcement order in relation to a contact order under the Children Act 1989, or for an order following an alleged breach of an enforcement order, and asks an officer of the probation service to provide information to the court, and the officer will need to discuss aspects of the court case with an officer of the National Probation Service, the court should give leave to that officer to disclose to the National Probation Service such information (whether or not contained in a document filed with the court) in relation to the proceedings as is necessary.

In R (on the application of the Campaign for Nuclear Disarmament) v Prime Minister [2002] EWHC 2777 (Admin), [2002] All ER (D) 245 (Dec) the Divisional Court held that it had no jurisdiction to interpret an international instrument that had not been incorporated into domestic law even though the claim was founded on an alleged breach of customary international law.

Judge Simmonds QC heard argument on the preliminary issues of: whether a breach of ICTA 1988, s 561 (2) by HMRC would give rise to a cause of action for damages; if so, whether HMRC was in breach of s 561 (2) as alleged by the claimant; whether HMRC owed a common law duty of care to the claimant to process the application with reasonable expedition; and if so, whether there had been a breach of that duty of care as alleged by the claimant.

The application judge concluded that s. 76 of the Condominium Act, 1998 was clear and unequivocal and that the condominium corporation was bound to its clean and clear status certificates from 2004 and 2013, and that it could not rely on the alleged breach in its 2016 status certificate.

This application is used when you are alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act 1975.