Sentences with phrase «for judicial application»

The question the court ought to have asked itself is whether the rule is suitable for judicial application — not whether it is law or convention.

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.

ACCC v Australian Competition Tribunal [2017] FCAFC 150 (22 Sept 2017) ACCC's application for judicial review regarding process for determining merger authorisation

However William Grant failed to bring the application within the three - month time limit required for judicial proceedings.

ACCC v Australian Competition Tribunal [2017] FCAFC 150 ACCC's application for judicial review regarding process for determining merger authorisation

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

Take the ETS case of R (on the application of Bilal Mahmood) v Secretary of State for the Home Department, where the president laid out all the awful things he could do to those who had not shown full candour in their judicial review.

Kanu's lead counsel, Chuks Muoma had written a petition to the National Judicial Council (NJC), claiming that Tsoho made conflicting rulings on an application by the Department of State Services (DSS) to conduct a secret trial for him.

The Commission on Judicial Nomination, the screening committee for filling posts on the state Court of Appeals, announced it would accept applications through May 19.

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).

(4) The independent panel shall report as approved for each judicial position all highly qualified persons who make application to the panel, provided that if the number of highly qualified applicants exceeds three times the number of existing vacancies to be filled in such position (determined as of the time the panel renders its report), the independent panel shall report as approved the most highly qualified applicants in a number equal to three times the number of vacancies to be filled in such position, provided further that if the number of highly qualified applicants is less than three times the number of vacancies to be filled in such position the independent panel shall report as approved the most highly qualified applicants in a number equal to not less than two times the number of such vacancies, provided further that the following categories of applicants who are eligible for reelection or reappointment shall be reported as approved if their performance during their term of office merits continuation in office, and no other applicants shall be reported as approved for their vacancies: (a) a judge or justice completing a full term of office seeking re-election to that office, or (b) an interim Supreme Court justice who has been appointed by the Governor to fill an existing vacancy no later than the previous June 1 after approval of the Governor's screening panel, who has been confirmed by the State Senate and has assumed office no later than the date the panel renders its report, and who otherwise would not be required to make application to the independent screening panel pursuant to the provisions of sub-paragraph (3).

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

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.

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.

After the judgment, the EFCC lawyer, Idris Mohammed, urged Justice Hassan to award a cost of N5m against Ogungbeje for wasting the judicial time of the court with his application.

In early May, the Independent Judicial Screening Committee of Bronx Democratic County Committee (IJSC) concluded the application submission period for candidates interested in the elected judicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of NJudicial Screening Committee of Bronx Democratic County Committee (IJSC) concluded the application submission period for candidates interested in the elected judicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of Njudicial positions that will occur in the 2017 election cycle in and for the County of the Bronx, City and State of New York.

[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.

Gentile's top priority is running for district attorney and his judicial application «underscores his interest in continuing public service in a legal capacity,» his campaign spokesman Sam Powers said.

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.

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.

For that reason it is important to avoid or mitigate the risk of judicial review of the planning permission by ensuring that all the relevant procedural steps have been followed in the application process, and all relevant issues have been addressed.

INDIANAPOLIS — The Friedman Foundation for Educational Choice released the following statement in response to a ruling this afternoon by Eighth Judicial District Court (Clark County, Nev.) Judge Eric Johnson in a case challenging Nevada's education savings account (ESA) program, which has attracted more than 6,000 applications since its inception despite legal challenges preventing the accounts from operating.

This course would pave a way for potential judges to learn judge craft before making any judicial application, ensuring a consistently high standard of judicial practice from applicants of all backgrounds.

Thus, the application for judicial review was granted and the matter was sent back to the Tribunal to issue a declaration that the publication of the article «AIDS Secrets» by the respondent Marc Lemire constituted a breach of s 13 of the Canadian Human Rights Act and to determine a proper remedy for the breach.

Judicial review is a paper — based process and the applications for interim relief are usually made on paper in the first instance.

The Santos claim is the only issued application for judicial review on the issue of whether the...

The existence of unresolved judicial review proceedings can cause significant problems for a public body even where a party does not make an application for interim relief.

The Federal Court accepted the Minister's position and dismissed Gilead's application for judicial review.

The Federal Court of Appeal set aside the tribunal's decision and allowed the artists» application for judicial review.

According to a judicial review application, the Agreement provided for certain payments to Wong by the Globe & Mail, provided the terms of the settlement were kept confidential.

No application for judicial review can proceed without the grant of permission.

The second preliminary reference (Watson) arose before the Court of Appeal in the context of applications for judicial review of the UK's Data Retention and Investigatory Powers Act (DRIPA) on the grounds that this Act was incompatible with the EU Charter and the ECHR.

The deputy principal then made an application to the High Court to review this decision, by way of judicial review (a review procedure for decisions / actions of public bodies).

Brady's application for permission to bring judicial review proceedings was refused by the High Court.

Additionally, Mishkah is responsible for assisting students with the judicial clerkship application process.

The Federal Court yesterday upheld the ACCC's application for Judicial Review, setting aside the decision of the Australian Competition Tribunal on 22 June 2017 to authorise the proposed merger between Tabcorp at Tatts.

The Chamber indicated that it would approach the High Court for an urgent interdict to suspend its implementation, pending the launch of judicial review proceedings, and that it intended reviving its previous application for a declaratory order, which had been temporarily suspended pending discussions with the DMR.

If the government goes outside the two - person shortlist, Galati may well amend his application for judicial review to contend, for example, that he has a legitimate expectation that the government will finish a process it gave a «clear, unambiguous and unqualified» undertaking to complete.

Ms. Raczynska failed to name the correct party on her application for judicial review, and failed to repair this error or serve the Professional Corporation in the stipulated time frame (at paras 4, 5 citing Leon's Furniture Limited v Alberta (Information and Privacy Commissioner), 2011 ABCA 94).

Flowing from that dismissal, the application for judicial review was moot.

Ms. Raczynska filed an application for judicial review of this decision.

(39) On an application for judicial review of the arbitrator's decision, no determination or selection that the arbitrator was required to make under subsection (29) shall be overturned unless the determination or selection was patently unreasonable.

The Federal Court may also direct that applications for judicial review be treated as actions (Federal Courts Act, s. 18.4 (2)-RRB-.

However, Rule 3.15 is actually broader and stricter than the Limitations Act — it places an absolute time restriction on filing and service of an application for judicial review.

It concerned an appeal by the Environment Agency relating to two applications by Mr Mott for Judicial Review of catch conditions imposed by the Environment Agency on the terms of his licence to catch Salmon in the Severn Estuary, using an ancient form of fishing known as a putcher rank.

Ms. Raczynska's application for judicial review was dismissed in its entirety (at para 77).

«RECALLING the obligations of the Contracting Member States under the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), including the obligation of sincere cooperation as set out in Article 4 (3) TEU and the obligation to ensure through the Unified Patent Court the full application of, and respect for, Union law in their respective territories and the judicial protection of an individual's rights under that law;

I am not convinced it is entirely unreasonable to consider whether there could be legal reforms permitting the Commission to have some role in serving respondents in applications for judicial review.

The Divisional Court is a branch of the Ontario Superior Court of Justice that hears applications for judicial review and certain appeals.

(Drafting an application to the European Court of Human Rights examining the administrative and judicial arrangements in the United Kingdom for dealing with errors in the allocation of judges to the specialist work areas of the High Court of Justice and the extent to which the UK's purported solution [the «de facto judge principle»] violates Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union (2000)-RRB-.