Sentences with phrase «consideration by the high court»

This was pending consideration by the High Court in England on some core issues around the enforceability of English governed payment obligations.

Not exact matches

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by other departments of the government.

The High Court of Australia has held that the Full Court of the Federal Court of Australia, in deciding not to declare the Hamersley and Robe rail lines, wrongly endorsed consideration by the Australian Competition Tribunal of material it was not entitled to take into account.

But an Accra High Court on Friday ordered the EC to allow Dr Nduom of the PPP to amend the errors on his forms and resubmit them for consideration by the EC.

Again, no regard or consideration was given by the Respondents inspite of the pendency of the case in the High Court, Commercial Division and the Order for a valuation process to be undertaken by Ernst & Young to enable the Court proceed with the matter pending before it,» the suit explained.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

They stated a case for consideration of the High Court in relation to s 33 «where the only issue in dispute is whether payments of child support maintenance in question have not been paid, are the magistrates obliged to make [the] order if they are satisfied that payment was made but by a method other than that notified by the Child Support Agency»?

Like any defendant found guilty of having committed a federal crime, Rubashkin also was constitutionally entitled to consideration of all arguments for leniency, an explanation of the reasons for the sentence he received, and review of that punishment by a higher court.

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.

Despite the High Court's finding that the extinguishment of native title by the vesting of reserves was valid and extinguished native title apart from the NTA, the Court gave consideration to the operation of the NTA.

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.