Sentences with phrase «as judicial separation»
In some circumstances, such as judicial separation, a pension attachment order may be more appropriate.
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In their judgement (http://www.austlii.edu.au/au/cases/cth/HCA/2013/20.html) they say that the law does not «create a duty» to disclose these changes in circumstance effective 2000, and then apparently decline to address «is section 66A of the Administration Act invalid, insofar as it has retrospective effect, because it infringes the separation of judicial and legislative powers mandated by the Constitution?»
As as the Dutch Supreme Court confirmed in 2003 («Waterpakt» case»), EU states have a separation of executive and judicial powerAs as the Dutch Supreme Court confirmed in 2003 («Waterpakt» case»), EU states have a separation of executive and judicial poweras the Dutch Supreme Court confirmed in 2003 («Waterpakt» case»), EU states have a separation of executive and judicial powers.
As former Court of Appeal judge Sir Stephen Sedley noted last year, he described «a statutory surveillance scheme shrouded in secrecy, part of a growing constitutional model that raises the question as to whether the tripartite separation of powers, legislature, judicial and executive still holds good&raquAs former Court of Appeal judge Sir Stephen Sedley noted last year, he described «a statutory surveillance scheme shrouded in secrecy, part of a growing constitutional model that raises the question as to whether the tripartite separation of powers, legislature, judicial and executive still holds good&raquas to whether the tripartite separation of powers, legislature, judicial and executive still holds good»
«In a case where two spouses are living separate and apart in their own residences, but not under a judicial separation or a written separation, only one of the residences can be designated as a principal residence for a particular taxation year,» explains Nerill Thomas - Wilksinson, from the Legislative Policy and Regulatory Affairs branch of the CRA.
How safe is the framework of separation of powers and the critical concepts it protects, such as judicial independence, if so much of the citizenry does not even know the system exists — or what its role is?
Todd & Weld filed suit on behalf of Judge Kendall in federal court challenging the removal proceedings as unconstitutional on separation of powers grounds as an illegal encroachment by the legislative and executive branches of government on the inherent right of the judicial branch of government to monitor and review judicial conduct.
This can be understood as the principle of the separation of judicial systems.
A Singapore court that grants a judgment of divorce, judicial separation or nullity of marriage, has the power to order division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset «in such proportions as the court thinks just and equitable.»
Traditionally, the constitutional separation of powers ensures that the executive does not interfere, nor can it be perceived as interfering with judicial processes.
matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites omitted)
Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites judicial review»... (cites omitted)
An application to divide property under the MPA can be made by itself or with another application (such as divorce, judicial separation, or annulment).
State courts have also recognized that legislative immunity provisions enshrined in state constitutions also protect this bedrock principle.12 Moreover, as one Florida appellate court noted, legislative immunity is integral to the constitutional separation of powers: «The power vested in the legislature under the Florida Constitution would be severely compromised if [the judicial branch could compel] legislators... to appear in court to explain why they voted a particular way or to describe their process of gathering information on a bill.»
Seizing upon the Obergefell dissenters» claims about the anti-democratic nature of the decision, I argue that an ambitious Supreme Court is actually a healthy thing for the separation of powers (as Madison argued in the Federalist No. 51), so long as the Court is properly exercising judicial power in the formal sense — by deciding cases and controversies within its jurisdiction.
As noted by Mr. Justice Edwards in E.G. v. F.B.G., 2004 BCSC 564, courts must be cautious in replacing a workable custody arrangement contained in a separation agreement with a court - imposed custody order in the absence of evidence justifying judicial intervention.
Orders such as protection orders, maintenance orders and pension adjustment orders may be made in the course of court proceedings for the dissolution of civil partnerships in the same way as such orders may be made in judicial separation and divorce proceedings.
Judicial separations, which in Maine are handled by the Family Division of the District Court, are commonly referred to as legal separations.
Nearly all Colorado judicial districts now require proof of parents» completion of parenting education classes, as a prerequisite to domestic relations court orders (especially decrees of dissolution of marriage or of legal separation).
Within judicial systems, both parents are now increasingly recognized as vital in their children's lives after separation and divorce.
As separating couples must have been living separate lives for a number of years before an application for a divorce is made, many obtain a separation agreement or a judicial separation to regulate matters between them before they seek a divorce.