Sentences with phrase «determination by»

Pre-qualification: An informal determination by a lender or mortgage broker stating how much mortgage you can afford.

In the event of a genuine issue as to entitlement to a deposit, the broker should continue to hold the deposit in escrow while advising the parties that it will be released upon a determination by a forum of competent jurisdiction (such as trial court or arbitration decision) or by mutual agreement (preferably with releases) of those involved.

(5) A determination by a compensation committee that a licensee has caused compensable loss is not, for the purposes of Part 4 [Discipline Proceedings and Other Regulatory Enforcement], a determination that the licensee has committed wrongful taking.

The Association shall discontinue use of the terms in any form in its name, upon ceasing to be a Member of the National Association, or upon a determination by the Board of Directors of the National Association that it has violated the conditions imposed upon the terms.

There was no certainty as to the terms of the agreement and there was no determination by which units could be identified to be rented.

Rather, the Professional Standards Administrator advises as to the procedures that are appropriate and required, and coordinates all professional standards and arbitration matters from receipt to final determination by order of the Board of Directors.

The change follows a determination by a NASDAQ panel to continue listing Homestore stock.

Determination by litigation means a decision by the Federal Court or the High Court of Australia or a recognised body that native title does or does not exist in relation to a particular area or land or waters, which is made following a trial process.

These are the legal entities that hold or manage native title on behalf of native title holders after a determination by the Federal Court that native title exists.

Determination by consent means an approved determination of native title by the Federal Court or the High Courts of Australia or a recognised body that native title does or does not exist in relation to a particular area of land and / or waters, which is made after the parties have reached agreement in relation to those issues.

Under the Native Title Act 1993 (Cth), RNTBCs are the legal entity that hold or manage native title on behalf of native title holders after a determination by the Federal Court that native title exists.

Where native title has been established, or where there is a registered claimant in the federal or state systems, the bill provides a process of negotiation and, if necessary, determination by the tribunal on whether a proposed grant should proceed.

The custody determination by the court will be based on what is in the best interest of the child.

Advise the foster carer that within 28 days of the date of the notice the foster parent may submit any written representation s / he wishes to make to the fostering service or request a review of the qualifying determination by the Independent Review Mechanism (IRM)(Reg 28 (7)

It also means that indigenous peoples have the duty to try to reach an agreement, in good faith, on sharing power within the existing State, and to exercise their right to self - determination by this means and other peaceful ways, to the extent possible.

adoptive family disagrees with the determination by the State that a child is ineligible for adoption assistance;

That report urged Parliament to amend the Divorce Act to make equal shared parenting the normative determination by courts dealing with situations of divorce involving children.

A family mediator shall recognize that mediation is based on the principle of self - determination by the participants.

STANDARD I: A professional family mediator shall recognize that mediation is based upon the principle of self - determination by the participants.

Conversely, recognition of Indigenous rights and interests, under the NTA, lays an important foundation for the exercise of self determination by Indigenous communities.

If there is no agreement and your application will be for determination by the Court, then one party can start court proceedings by filing an Initiating Application to ask the Federal Circuit Court of Australia or the Family Court of Australia to make orders.

(1) An arbitrator of section 13E arbitration or relevant property or financial arbitration may, at any time before making an award in the arbitration, refer a question of law arising in relation to the arbitration for determination by:

(43) These proposals concerned the making of a consent determination by the parties.

Obtaining a native title determination by consent of the parties is just one way of securing the group's development base.

the terms should respect the principles of self - determination by incorporating local Aboriginal decision - making authority.

His Honour considered that this could be done either by reference to a suitably framed question of fact from the NNTT under s136D (1) NTA for a determination by the Court under s86D, or by the Court directing the hearing and determination of such issues.

The centrality of relationships is further reinforced because after a native title determination by the court (by agreement or litigation) there are many details still to be finalised by the parties.

Prescribed Bodies Corporate (PBCs) which hold or manage native title on behalf of native title holders after a determination by the court that native title exists.

At the end of the six month period any negotiating party can apply for a determination by an arbitral body if agreement has not been reached.165 This determination may address whether or not the act may be done or whether the act can be done subject to certain conditions.166 However, the arbitral body can not determine that native title parties are entitled to payments worked out in relation to the profits made from the project; income derived or anything produced.167 Finally, if the Commonwealth, State or Territory Minister considers it to be in the interests of their jurisdiction, they are able to overrule the determination of the arbitral body.168

These were the subject of a determination by the Commonwealth Attorney - General and passed the scrutiny of the federal Parliament on 12 December 2000 when the time to lodge a disallowance motion expired.

Satisfactory completion of a formal Medical Assistant program pursuant to the Division of Allied Health Professions or military training that is equivalent to an accredited Medical Assistant program (determination by Dignity Health Medical Foundation H.R. department in conjunction with the State Division of Allied Health Professions) required

The registration does not include any determination by the board of the competency of the registered individual.

Make sure readers get the information they need to make this determination by paying special attention to these 5 critical sections:

Bond: Motion by target, determination by court.

the determination by the tribunal of a matter which is incapable of being arbitrated, or contrary to public policy.

This appeal arose in the context of a dispute between insurers with respect to the payment of statutory accident benefits («SABS»), and the determination by the arbitrator of a preliminary issue.

In the result, the order dismissing the contempt motion was set aside and the motion was remitted back to the Superior Court for determination by another judge.

The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined on a Rule 58 motion because, in this case, the facts arose from a plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.

R (OAO Southern Drinks) v HM Revenue and Custom Acted for an alcoholic drinks wholesaler in a judicial review challenge to a decision by HMRC refusing to grant interim reinstatement of a WOWGR approval pending the substantive determination by the FTT of an appeal against the revocation.

Police and Crime Commissioner for Greater Manchester v Butterworth (The Pensions Ombudsman intervening)(Chancery Division, 10th November 2016) Appeal against a determination by the Pensions Ombudsman that a member of the LGPS should be paid a pension equivalent to the full amount of an unreduced pension from the age of 55, raising issues of contractual estoppel, enforceability of ultra vires promises and legitimate expectations.

The issues for determination by the Court of Appeal were whether the judge had been entitled to conclude that a failure to draw specific attention to Monarch Way pond and the access which might be gained to it constituted a breach of the common duty of care, and whether that breach made «every difference».

A denial under these provisions requires a determination by a licensed health care professional (such as a physician, physician's assistant, or nurse) based on an assessment of the particular circumstances and current professional medical standards of harm.

Thus, under the final rule, a covered entity that is a component of DOD or the Department of Transportation may disclose to DVA the protected health information of an Armed Forces member upon separation or discharge from military service for the purpose of a determination by DVA of the individual's eligibility for or entitlement to benefits under laws administered by the Secretary of Veterans Affairs.

Judicial Power's account: The House of Lords found the rejection of the claimant's application for compensation by the FCC [the Foreign Compensation Commission] to be unlawful, despite legislation providing that «determination by the [FCC] of any application made to them under this Act shall not be called into question in any court of law».

Another commenter described the more subtle costs associated with record amendment and correction, which would include a case - by - case clinical determination by providers on whether to grant such requests, forwarding the ensuing record changes to business partners, and issuing written statements to patients on the reasons for denials, including a recourse for complaints.

Comment: Several commenters urged that the request for determination by the Secretary under proposed § 160.204 (a) be limited to cases where an exception is absolutely necessary, and that in making such a determination, the Secretary should be required to make a determination that the benefits of granting an exception outweigh the potential harm and risk of disclosure in violation of the regulation.

Debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations and that is incurred by a debtor in a separation, divorce, separation agreement, property settlement agreement, court order or decree, or a determination by a governmental unit may be discharged in a chapter 13 case, but not in a chapter 7 case.

(b) Determination by Court Whenever Joinder Not Feasible.

«A judicially noticed fact must be one not subject to reasonable dispute» because it concerns a matter «[g] enerally known» or a matter «[c] apable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned» [a] nything which can be «looked up» in an authoritative source is a candidate for this type of judicial notice.

A judicially noticed fact must be one not subject to reasonable dispute in that it is either: (1) Generally known within the county from which the jurors are drawn, or, in a non-jury matter, the county in which the venue of the action is fixed; or (2) Capable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned.