Its other recommendations include:
greater judicial case management, with specialist judges and early intervention; agreement on circumstances in which parties might lose costs protection; drawing up realistic budgets; and allowing the courts to continue to exercise cost - capping powers.
Not exact matches
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»)
The protocols promote
greater cooperation and early settlement and facilitate efficient
case management to control the pre-action behaviour of the parties, performing an important function in filtering out which
cases require
judicial attention.
Its New Civil Procedure Rules — First Report sets out radical plans for streamlining of court procedure, technological modernisation and
greater judicial control of
cases.
The State - supported pilot led by the Directorate of
Judicial Services, which is part of the French Ministry of Justice, said it had wanted to examine «these new tools, which have the ambition in the long term to bring a great added value to the magistrates and auxiliaries of justice in the analysis of case - law and, more broadly, to improve the predictability and transparency of judicial decisions
Judicial Services, which is part of the French Ministry of Justice, said it had wanted to examine «these new tools, which have the ambition in the long term to bring a
great added value to the magistrates and auxiliaries of justice in the analysis of
case - law and, more broadly, to improve the predictability and transparency of
judicial decisions
judicial decisions».
«As long as judges are using blogs to enhance public education and understanding of our justice system and not compromising the integrity of
cases, then
judicial blogs could serve and promote a
greater understanding of the challenges and difficulties judges face in advancing justice.»
Authored amicus curiae brief for Real Estate Bar Association of Massachusetts (REBA) in Supreme
Judicial Court
case of
great economic significance to condominiums, in which the right of associations under the condominium statute to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.
He recently authored an amicus curiae brief to the Massachusetts Supreme
Judicial Court in a
case of
great economic significance to condominiums, in which the right of associations to impose successive liens on owners who withhold condominium fee payments was upheld by the SJC.
[6]
Great care is taken in the introduction to Bigelow's book — even though it is intended only as a guide — to reassure readers that
judicial independence is of primary concern: «Each magistrate, of course, must in each
case make up his own mind not only as to sentence, but also as to questions of law.»
In my judgment, the opinion of the majority of the court in that
case is in conflict with its previous decisions, with a
great weight of
judicial authority in other slaveholding States, and with fundamental principles of private international law.
The issue has been addressed by using larger
judicial panels if a
case «comes with a
great big banner saying «this is of constitutional importance «''.
Particularly interesting is how his dissent highlights and explores one of the
great puzzles emerging from this line of
cases: When, and why, does the exercise of
judicial discretion at sentencing violate the Sixth Amendment?
At present, a distinction is often drawn between restrictions imposed by European legislation, for example on habitat protection, and that offered by domestic law; European requirements are often shown
greater deference by decision makers, and by the courts when discretion to quash (in
judicial and statutory review
cases) is considered.
The bottom line, despite these complications, is clear: if you think that, for a given type of
case, the benefits of
judicial review are
greater than the costs, you favour
judicial review.
With technology playing a
greater and
greater role in resolving
cases, it became obvious to Arizona
judicial educators that many judges lack the educational background needed for a sufficient understanding of the scientific principles behind the forensic evidence they see in court.
Think only of his labor opinions for the Massachusetts Supreme
Judicial Court, his Supreme Court dissents in Abrams and Lochner, and in other free speech and substantive due process
cases, and a number of
great tort
cases.
The
greatest risk to abused parents and their children is associated with
case outcomes — the
judicial orders or judicially endorsed settlements that establish custody and visitation regimes and schedules.