This gives members of RECO the option of applying to
the court for a judicial review of any disciplinary decision, if all other remedies available have been pursued and if the applicant can prove a «denial of natural justice» through unfair treatment.
Section 190D (2) of the NTA gives native title applicants who fail the registration test (26) the right to apply to the Federal
Court for judicial review of the Native Title registrar's decision not to register their application on the National Native Title Register.
The adjudicator agreed privilege didn't apply but the issue was escalated by BMO to the Federal
Court for judicial review.
«We were still in the middle of our administrative proceeding — the unjust dismissal proceeding — this was just a preliminary issue of production and normally the principle is you don't get to interrupt an administrative proceeding and go up to
court for judicial review in the middle of it,» says Kastner.
The applicant, a former nursing student at Humber College, applied to
the Court for judicial review of the school's decision to suspend her from a clinical placement.
It is therefore not surprising that the school board applied to the Divisional
Court for judicial review of the HRTO's decision, and in particular, the reinstatement order.
If we had not petitioned
the court for a judicial review of the adjudicator's decision, our client would be stuck with a knowing that one of our key arguments had not even been taken into consideration
Ms. Taylor - Baptiste applied to the Ontario Divisional
Court for judicial review of the Tribunal's decision.
But the university appealed to Divisional
Court for a judicial review of the law society's decision.
To prevent the judicial system from taking a role in setting educational spending priorities and remedies that could badly tilt educational priorities, the Province and the School Board asked the British Columbia Supreme
Court for a judicial review of the Tribunal's decision or alternatively, to quash the remedial orders made by the Tribunal.
Pratte (and independently Douglas» lawyer, Sheila Block) applied to Federal
Court for judicial review of the panel's conduct.
The ACCC has applied to the Federal
Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts merger authorisation decision.
If that was to happen, the next best option available would be to apply to the high
court for a judicial review, a process the government itself says can be «complex, expensive and time - consuming».
Following that response, it ended up in the high
court for judicial review.
April 14 — Leyton Orient have followed Tottenham Hotspur by applying to the High
Court for a judicial review to try and prevent West Ham United moving to the Olympic Stadium after next year's summer Games, club chairman Barry Hearn revealed today.
The ACCC has applied to the Federal
Court for a judicial review of the Australian Competition Tribunal's recent Tabcorp / Tatts merger authorisation decision.
In addition to these administrative mechanisms, a patient may turn to
the courts for judicial review of either the substantive decision (i.e. the decision to cover (or not) a particular medical service) or the process used to make that decision.
In addition to the obvious stress and burden on the teacher, the legal and other expenses of the ATA for such a minor infraction are enormous and has placed demands upon Alberta's overburdened
courts for judicial review and appeal.
He also appears before
courts for judicial reviews and appeals.
The government wants to create a specialist planning
court for judicial reviews on planning applications.
Rules of Procedure for Administrative Appeals: These rules govern the procedures in all circuit
courts for judicial review of final orders or decisions from an agency in contested cases that are governed by the Administrative Procedures Act, W. Va..
Not exact matches
55 (1)
Judicial review by the Federal
Court of Appeal with respect to any order made under subsection 54 (1) is commenced by making an application
for leave to the
Court.
We also oppose provisions of the bill that expand the immigration detention system and erode the basic rights afforded to immigrants, including the provisions that allow
for the indefinite detention of individuals who can not be deported to their home countries; that expedite removal proceedings or automatically imprison immigrants without providing them access to attorneys or judges; that increase detention capacity by an additional 20,000 beds to house immigrants awaiting their day in
court; and that diminish the checks and balances of
judicial review over immigration decisions.
But they unwittingly laid the groundwork
for it by giving the Supreme
Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle
for freewheeling
judicial activism and thereby turned
judicial review into a legislative power.
«I inadvertently suggested to you that clause 64 contains a provision
for the
court to grant permission to proceed with a
judicial review where conduct is highly likely to have not made a difference if it considered there were exceptional circumstances to do so.
Consequently the
court was forced to conclude that the petition
for judicial review was premature and rejected it.
The NASUWT has today received formal notification from the High
Court of the hearing date
for its application
for judicial review of the Coalition Government's decision to change the index - linking of public service workers» pensions, including teachers» pensions, from the Retail Price Index (RPI) to Consumer Price Index (CPI).
Plans
for two new state - funded Catholic schools with discriminatory admissions policies have cleared a further hurdle today, after Mr Justice Sales in the High
Court dismissed a
judicial review of Richmond - upon - Thames council's decision to approve them.
That
judicial review will be more difficult in future, because Grayling has acted to make it next to impossible
for the individual to challenge the state in
court.
A high
court judge said they had «an arguable case
for seeking the relief claimed by way of
judicial review».
The DWP decided to appeal against the decision and around the same time the Carmichaels» separate application
for a
judicial review of the underlying legislation was dismissed in the high
court.
Grayling claimed that
courts would still be able to grant permission
for judicial review cases under the new so - called «highly likely» restrictions if there were «exceptional circumstances».
In March 2011, an application
for a
Judicial Review in the High
Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rights.
Since the case is going to the Appeal
court for further
judicial review, it is now time to allow the judges to perform their constitutional roles before we further engage in distractive media trial over a simple legal matter.
[54] Woolas launched a second
judicial review, technically a renewed application
for permission to seek
judicial review, and was heard in person at the High
Court on 16 November 2010.
[53] The High
Court rejected his request
for a
judicial review.
Part of the reason support
for Ling - Cohan was so fervent is because the vaunted panel
review process was so flawed and anonymous attacks on her in the press were so vicious, starting in the New York Post but repeated uncritically by other outlets, requoting the Post «source» — allegedly from the panel but possibly a self - interested operative
for another
judicial candidate — who called her «slow» and «lazy,» when even a cursory check of
court records shows her output to be above average.
But when his appeal was unsuccessful, he did what none of his colleagues had ever done before: he filed an application
for judicial review before the Federal
Court of Canada.
A year later members of the U.S. House of Representatives introduced a bill that would strip federal protections from wolves in the Great Lakes region and Wyoming with language preventing any further
judicial review — overruling two
court decisions finding that the Fish and Wildlife Service had wrongly removed Endangered Species Act protections
for the wolf.
From the outset of any claim
for Judicial Review, the
Court will need to be convinced that there are legitimate grounds to allow the claim to proceed.
Upon application
for Judicial Review, the High
Court found that Ofsted's complaints process was defective because it did not permit a substantive challenge to the most serious criticisms, namely, when a school was found to have serious weaknesses or requiring special measures.
Margaret Tulloch of Comprehensive Future, a group which campaigns
for equality of opportunity in education, confirmed they were taking advice on the feasibility of a
judicial review of the decision in the High
Court.
The alliance is hoping
for an early decision from the
court on whether to allow a
judicial review of the case which they hope could take place before the new year.
If a FOIA request is denied by the FOIA coordinator, the FOIA coordinator must send a written notice containing the reasons
for denial and explain the right to submit a written appeal to the Webberville Community Schools Board or seek
judicial review in
court.
New Funding Pressures Next month the state Supreme
Judicial Court will
review the findings of a Superior
Court judge who ruled in May that state funding
for education is inadequate in poor districts despite the billions of dollar spent since 1993 on bringing struggling school districts up to a reasonable foundation budget.
Last week, Comprehensive Future, which campaigns
for equality of opportunity in education, said the group was taking advice on the feasibility of a
judicial review of the Weald of Kent decision in the High
Court.
The Department
for Education (DfE) has said it disagrees with «some aspects» of the
court's decision last month to rule against education secretary Nicky Morgan in a
judicial review brought by six parents, but has not said which.
(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district
court for the district where the capital of such State is located and
judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.
A licensee aggrieved by an order of the administrator under this section may obtain
judicial review of the order and the administrator may obtain an order of the
court for enforcement of its order in the circuit
court.
His expertise also covers specialisms in Creative Arts & Cultural Industries, Human Rights,
Judicial Review, Complex Commercial Litigation, Intellectual Property law, Privy Council cases - Ultimate Appeal
Court for parts of the Commonwealth, as well as, Regulatory Cases & Inquiries.