Sentences with phrase «exclusive possession of»

[96] I agree the High Court's reasoning suggests native title rights to exclusive possession of the sea can not be recognised by Australian courts.

Usually one party files of a divorce or temporary order and asks the judge to award them exclusive possession of the marital home during the divorce proceedings.

[24] To further illustrate the exclusive / non-exclusive distinction it may be useful to consider a non-native title example: when a company gains an exploration licence over land in WA, the company does not have exclusive possession of that land, [25] but it does have various exclusive rights in relation to that land [26].

[97] To further illustrate the exclusive / non-exclusive distinction it may be useful to consider a non-native title example: when a company gains an exploration licence over land in WA, the company does not have exclusive possession of that land, [98] but it does have various exclusive rights in relation to that land.

Exclusive Possession of the Matrimonial Home — Neither party is allowed to order the other out of the matrimonial home.

Examples of temporary orders that the judge may enter include: temporary child support, temporary maintenance (formerly known as alimony), contribution to marital expenses (like the mortgage), exclusive possession of the marital residence, and orders of protection.

These rights can extend to exclusive possession of sea domains, based on prior occupation and use, consistent with the traditions and laws of the Indigenous peoples concerned.

By Andrew Feldstein Potter v Boston, 2014 ONSC 2361, 239 ACWS (3d) 286: This case addresses the issue of the matrimonial home and whether exclusive possession of the home if... Read more

The right to control access to resources on the land, the right to exclusive possession of the land and the right to make decisions in relation to the land are rights that are necessary in order to commercially exploit the land.

Rochester Family Lawyer: Divorce and Exclusive Possession of Marital Residence During Pendency of the Action

Proof that the defendant was in exclusive possession of the recently stolen goods, not explained by other evidence, can be used to infer that the defendant received the goods with knowledge that they were stolen and that he received them with dishonest intent.

It would have no competitors and exclusive possession of the necessary know - how.

Although the Court began with the general rule from Duke v Andler, after reviewing the four - part test in Catania, the Court determined that it had jurisdiction to grant the wife exclusive possession of the property in Osoyoos and, in fact, granted exclusive possession of the property in Osoyoos to the wife.

The post-arrest conditions typically give rise to the accuser gaining de facto custody of children and exclusive possession of the matrimonial home.

Based on the above, the wife sought exclusive possession of the home in Osoyoos.

Interestingly, even if a court orders that ONE party be given exclusive possession of the matrimonial home, it can still direct that party to make periodic payments to the other spouse (among other things), pay for all or part of the repair and maintenance of the matrimonial home, and keep or remove certain contents of the matrimonial home.

(2) If any information required of a covered entity under this section is in the exclusive possession of any other agency, institution, or person and the other agency, institution, or person fails or refuses to furnish the information, the covered entity must so certify and set forth what efforts it has made to obtain the information.

In Potter v Boston, the Court examined an application by the husband who sought leave to appeal an interim order that granted his wife exclusive possession of a condominium, which was owned by the husband and located in Florida, for one week every month.

Finally worth mentioning is that, regardless of who owns the matrimonial home or its contents, and despite a spouse's right of possession, a spouse can ask the court for exclusive possession of the home (among other things).

For example, if a court is considering making an Order giving one spouse exclusive possession of the matrimonial home, the court is obliged under the Family Law Act to take into account the following:

A few days later, the wife brought an urgent motion for temporary sole custody, exclusive possession of the home, and a restraining order against the husband.

In order to determine whether appellant's appeal of the temporary order awarding respondent exclusive possession of the marital home and requiring appellant to vacate acted as a stay, it is necessary to determine the nature of that order.

However, an EPO that grants exclusive possession of residential premises to the victim grants the victim the ability to remain in the premises and bar access to the perpetrator, which logically includes the ability to change or add to locks and other security devices.

However, regardless of whether the victim is also a tenant or not, the perpetrator who is a tenant is entitled to keys and to access unless the victim has a protection order with a condition for exclusive possession of the residential premises under the Protection Against Family Violence Act, RSA 2000, c P - 27 (PAFVA) or other legislation discussed by Professor Koshan.

In Alberta, it would be better to amend the PAFVA and the other legislation under which exclusive possession of residential premises can be granted rather than amend the RTA, because what is needed is a comprehensive list of matters to be considered by the parties and the courts in granting a protection order, or at least the QBPOs.

With an EPO or QBPO, it would seem that the perpetrator remains a tenant if the PAFVA and the RTA are read together — unless the victim with the protection order granting exclusive possession of the residential premises is not a tenant and chooses to assume the responsibilities of the tenant under section 9 (3) of the PAVFA.

There are other open questions about how the RTA is affected by the different protection orders, particularly when the perpetrator was a tenant or co-tenant of the residential premises at the time a protection order was made that granted the victim exclusive possession of those premises.

If a victim with a protection order granting exclusive possession of the residential premises is not a tenant and does not choose to assume the responsibilities of the tenant under section 9 (3) of the PAVFA, then the perpetrator will still have all of the responsibilities of a tenant, even though out of possession.

Nevertheless, amendments to the PAFVA and the other legislation under which exclusive possession of residential premises can be granted seems to be the better way to go, as they should provide better access to the relevant law for victims of domestic violence and those assisting them.

This form is a sworn financial statement used when claiming (or responding to a claim for) spousal and / or child support in addition to claiming (or responding to a claim for) property or exclusive possession of the matrimonial home and its contents.

Direct that a spouse be given exclusive possession of the home (regardless of whose name the property is in);

Once circumstances allow, victims of domestic violence should seek the advice of a family law lawyer to ensure their rights are protected with respect to issues such as exclusive possession of the family home,

Once circumstances allow, victims of domestic violence should seek the advice of a family law lawyer to ensure their rights are protected with respect to issues such as exclusive possession of the family home, child custody and access, property division and child support.

If your spouse is violent, you can request that the Court grant you exclusive possession of the family home.

When making an order for exclusive possession of the home, the court will consider the best interests of the children as paramount, along with the financial position of the parties, and any instances of domestic violence affecting the safety and wellbeing of all parties involved.

When a tenant rents a place to live from a landlord, the tenant has exclusive possession of the premises.

(e) «a tenancy agreement between an educational institution as landlord and a student of that institution as tenant if the tenant does not have exclusive possession of a self - contained dwelling unit»

Just after the charges were laid, the complainant moved in Family Court for an order for exclusive possession of the home and sole custody of the children.

Defence counsel Joseph Neuberger conducted several extensive judicial pre-trials in order to set out the basis of the defence, in particular securing evidence establishing that the main charges were part of an elaborate scheme in which fabricated allegations were used to secure exclusive possession of the matrimonial home and to gain an advantage in Family court.

Joseph Neuberger, defence lawyer, cross-examined the complainant on her family court filings including the initial application seeking sole custody of the children and the exclusive possession of the house.

The next day, the complainant filed a divorce application, seeking exclusive possession of the home and sole custody of their child.

Joseph Neuberger was able to establish in cross-examination that the complainant knew the effect criminal charges would have on her success in obtaining full custody and exclusive possession of the home.

On the completion of the new library, the college leased it to the company on terms which gave the company exclusive possession of the library.

A lease doesn't transfer the cooker to you: it gives you exclusive possession of a dwelling containing the cooker.

The term «intrusion» denotes that a possessor's interest in the exclusive possession of his or her land has been invaded by the presence of a person or thing upon it without the possessor's consent 75

Does placing an AR object on a person's property, without their permission, affect their interest in exclusive possession of property?

Your expectation of privacy in an unlocked smart phone flows from your exclusive possession of the phone as a piece of tangible personal property containing information, and not just from the password protection.

The long and short of it is that process philosophy covers too vast a range to belong to one side or the other of this divide: it is too big to be owned as an exclusive possession of any one particular philosophical approach or tendency.

It means that those who recognize the agape of God in the historical revelation can be thankful that it has come to them there, while they remember that it does not give them an exclusive possession of the truth.

This applies whether vaunting charisms as the exclusive possession of certain chosen souls or seeking some sort of acceptable theological correctness: all are gathered to interact within the one body by the power of the Holy Spirit.