Sentences with phrase «jurisdiction under this part»

(b) both spouses submit, either in an agreement or during the proceeding, to the Supreme Court's jurisdiction under this Part;

The court's jurisdiction under this Part is subject to the same conditions and limitations as would apply to it in dealing with the initial matter.

(2) An application for a declaration that the order or injunction is inconsistent with the family violence order may be made, to a court that has jurisdiction under this Part, by:

(b) a court having jurisdiction under this Part is satisfied, on application by the person referred to in paragraph (1)(a), that there are reasonable grounds for believing that a person (the alleged offender) has contravened section 65M, 65N or 65NA in relation to the order; and

(c) a court having or exercising jurisdiction in the proceedings were a court having or exercising jurisdiction under Part VII of that Act; and

(2) The alleged offender must not be released before the end of the holding period except under an order of a court having jurisdiction under this Part.

(4) A responsible person under the Australian child order may apply to a court having jurisdiction under this Part for the cancellation of the registration of the overseas child order.

(2) Subject to section 67L, a court having jurisdiction under this Part or section 111CX, or exercising jurisdiction in proceedings arising under regulations made for the purposes of Part XIIIAA, may make a Commonwealth information order if it is satisfied that information about the child's location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned.

(3) A responsible person under the overseas child order may apply to a court having jurisdiction under this Part for the discharge of the Australian child order.

(3) Any amounts paid under a child maintenance order in relation to a period after the child dies, is adopted, marries or enters into a de facto relationship may be recovered in a court having jurisdiction under this Part.

(8) If an order (the subsequent order) decreasing a periodic amount payable under the first order is expressed to be retrospective, amounts paid under the first order that are not payable under the first order as varied by the subsequent order may be recovered in a court having jurisdiction under this Part.

The applicable Rules of Court may make provision for and in relation to the registration in a court having jurisdiction under this Part of State child orders made under a law of a prescribed State.

(2) If the maintenance provider applies to a court having jurisdiction under this Part for an order under this subsection, the court must make such order as it considers just and equitable in the circumstances, for:

(3) Any amounts of maintenance paid under the child maintenance order after it stops being in force may be recovered in a court having jurisdiction under this Part.

(6) Even though the plan is registered, the court, or another court having jurisdiction under this Part, must not enforce the child welfare provisions if it considers that to do so would be contrary to the best interests of a child.

(a) ensure that the alleged offender is brought before a court having jurisdiction under this Part before the end of the holding period applicable under subsection (4); and

(4) A court having jurisdiction under this Part may make a declaration to the effect that a child is in, or has entered into, a de facto relationship.

(3) If a court having jurisdiction under this Part is satisfied that a person has intentionally, and without reasonable excuse, contravened subsection (2), the court may:

(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice versa.

If a court having jurisdiction under this Part considers that there is a possibility or threat that a child may be removed from Australia, it may order that the following documents be ordered up to the court on such conditions as the court considers appropriate:

(4C) The approval, whether before or after the commencement of this subsection, of a maintenance agreement under this section does not exclude or limit the power of a court having jurisdiction under Part VII to make any order under that Part in relation to a child of the relevant marriage and, where the agreement makes provision for the maintenance of a child of the marriage, section 66S applies in relation to the variation of the agreement, in so far as it makes that provision, as if the agreement were an order made by consent under that Part by a court in which the agreement is registered or deemed to be registered.

Not exact matches

Pending federal legislation, spurred in part by the abuse crisis at USA Gymnastics, would require anyone working under the jurisdiction of a national governing body to report suspected abuse or face a fine and possible imprisonment.

External Market - Is the market place for the securities, that are not part of or under any of the jurisdictions of any single country worldwide.

RIAs are eligible to participate in the Program if they represent to Fidelity Investments that they meet the following criteria: (1) RIA is an investment adviser registered and in good standing with the U.S. Securities and Exchange Commission and / or any applicable state securities regulatory authorities or is exempt from such registration; (2) RIA's representatives who provide services to referred clients are appropriately registered / licensed as «Investment Advisers Representatives» in required jurisdictions; (3) RIA charges fee - based, asset - based, or flat - rate investment advisory service fees (which may include hourly fees); (4) RIA will maintain a minimum of $ 350,000,000 in total regulatory assets under management, as reported in response to Item 5 in Part 1A of the RIA's Form ADV, throughout the duration of RIA's participation in the Program; (5) RIA and all associated persons of the RIA who manage client assets or who supervise such associated persons shall at all times be covered through both Errors and Omissions Liability Insurance and Fidelity Bond Coverage; and (6) RIA maintains a minimum of two principals or officers as well as a minimum of five employees.

Part of the King David's Tomb compound, which is open to visitors seven days - per - week, the Cenacle is currently under Jewish jurisdiction and the yearly Maundy Thursday church service is one of only a few Christian ceremonies held inside.

The kingdom of heaven is any part of the universe that falls under the jurisdiction of heaven.

One of the counts reads: «That you, Mrs. Diezani Allison Madueke (still at large) and Tijani Inda Bashir on or about the 27th day of March, 2015 in Nigeria within the jurisdiction of this Honourable Court directly took possession of the sum of N264, 880,000.00 (Two Hundred and Sixty - four Million, Eight Hundred and Eighty Thousand Naira) which sum you reasonably ought to have known forms part of the proceeds of an offence contrary to Section 15 (2)(d) of the Money Laundering (Prohibition)(Amendment) Act, 2012 and punishable under Section 15 (3) of the same Act.»

The charges in part read: «That you Col. Mohammed Sambo Dasuki whilst being National Security Adviser and Shaibu Salisu, whilst being the Director of Finance and Administration in the Office of the National Security Adviser and Hon. Waripamowei Dudafa (now at large) whilst bring Senior Special Assistant, Domestic Affairs to the President on or about 27th November within the jurisdiction of this Honourable Court entrusted with dominion over certain properties to wit: the sum of N10billion being part of the funds in the account of the National Security Adviser with the CBN, the equivalent of which sum you received from the CBN in foreign currencies to wit: $ 47million and $ 5.6 million Euros committed criminal breach of trust in respect of the said property when you claimed to have distributed same to the Peoples Democratic Party (PDP) Presidential Primary Election delegates and you thereby committed an offence punishable under Section 315 of the Penal Code Act, Cap 532, Vol.4, LFN 2004.

One of the counts reads: «That you, Dr. Muazu Babangida Aliyu, being the governor (also known as chief servant) of Niger State from 2007 to 2015; Umar Mohammed Nasko, being the former Commissioner for Environment / Chief of Staff to Dr. Muazu Babangida Aliyu, sometime between April 7, 2015 and December 7, 2015 in Minna within the jurisdiction of this honourable court while being entrusted with dominion over money belonging to Niger State Government dishonestly converted to your own use the sum of N1, 090, 000,000, which formed part of the proceeds of the sale of 16 per cent shares of Niger State in the North South Power Company Limited and thereby committed an offence punishable under Section 312 of the Penal Code.»

One of the counts reads: «That you Air Chief Marshal Alex S Badeh (whilst being the Chief of Air Staff, Nigerian Air Force) and IYALIKAM NIGERIA LIMITED between 28th March and 5th December, 2013 in Abuja within the jurisdiction of this Court, did use an aggregate sum of N878, 362,732.94 (Eight Hundred and Seventy - Eight Million, Three Hundred and Sixty Two Thousand, Seven Hundred and Thirty - Two Naira, Ninety - Four kobo) removed from the accounts of the Nigerian Air Force and paid into the account of Rytebuilders Technologies Limited with Zenith Bank Plc for the construction of a shopping mall situate at Plot 1386, Oda Crescent Cadastral Zone A07, Wuse II, Abuja for yourself, when you reasonably ought to have known that the said funds formed part of the proceed of unlawful activity (to wit: criminal breach of trust and corruption) of Air Chief Marshal Alex S Badeh and you thereby committed an offence contrary to Section 15 (2)(d) of the Money Laundering (Prohibition) Act, 2011 (as amended) and punishable under Section 15 (3) of the same Act»

As part of the budget process, each Spring the budget subcommittees in the Assembly and the Senate review the areas of the budget under their jurisdiction.

[Table showing the number and percentage of children served under the Individuals with Disabilities Education Act, Part B, by age group and state or jurisdiction].

Gifted and talented are viewed as exceptional under IDEA, however, other jurisdictions may also include Gifted as part of their legislation.

As part of its duties, OIG must conduct investigations under its jurisdiction.

Most important of all, regulatory agencies constantly monitor the conduct of the brokers under their jurisdictions to prevent any kind of abusive practices, fraud and manipulation on the part of the brokers.

Judgments from jurisdictions including the USA, Canada, and most European countries are registrable only at common law and not under Part 72 and therefore, it was previously thought, service out could not be granted for enforcement claims based on such judgments.

The Third Circuit in In re Bevill Bresler & Schulman Asset Management Corp., developed a five - part test (the Bevill test) to examine the merits of such an assertion by an individual employee against company counsel.50 Under this test, employees must show that (1) they approached corporate counsel for the purpose of seeking legal advice; (2) they made it clear that they were seeking advice in their individual capacity; (3) counsel sought to communicate with the employee in this individual capacity, mindful of the conflicts with its representation of the company; (4) the communications were confidential; and (5) the communications did not concern the employee's official duties or the general affairs of the company.51 The Bevill test has been recognised by other jurisdictions as a means of assessing whether a company employee may assert attorney — client privilege in an individual capacity arising out of communications with corporate counsel.52 (See also Chapter 13 on employee rights.)

But in any event a law providing that the province can dispose of standing timber on any lands in the province would under Tsilhqot» in be both valid and applicable (para 102) to aboriginal title lands because the Supreme Court no longer seems to care whether the power to dispose of resources on title lands is part of the core content of «lands reserved» within the exclusive jurisdiction of the federal government.

Under the new rule, distributions of securities to non-Canadians can be completed on a prospectus exempt basis if certain black and white conditions apply, specifically if the offering is qualified in the United States or another specified foreign jurisdiction, if the distribution is part of an offering concurrently qualified by prospectus in Ontario or if the distribution is being made to a non-Canadian (or, if through an impersonal stock exchange, if the issuer / seller has no reason to believe that the purchaser is Canadian) and there are restrictions on resale.

The «object» underlying the Agency's accessible transportation jurisdiction [Part V] is «eliminating undue obstacles in the transportation network under the legislative authority of Parliament to the mobility of persons with disabilities», as is expressly set out in section 170 (1).

(5) If, under the Income Tax Act (Canada) or legislation of another jurisdiction that imposes a tax calculated by reference to income, a person is required to report the amount of his or her income, the person's income before an accident shall be determined for the purposes of this Part without reference to any income the person has failed to report contrary to that Act or legislation.

(6) The amount of a person's gross annual employment income and the amount of the person's income or loss from self - employment may be adjusted for the purposes of this Part to reflect any subsequent change in the amount determined by the Canada Revenue Agency under the Income Tax Act (Canada) or by the relevant government or agency under the legislation of another jurisdiction that imposes a tax calculated by reference to income.

The HPRB's exclusive jurisdiction extends to «all those matters and questions of fact, law and discretion arising or required to be determined in a review or an investigation and disposition under this Part.»

In the Federal jurisdiction, when a business is sold, leased, transferred, or merged with another business or part of it, or otherwise disposed of succession rights exist under Part 1 of the Canada Labour Code for federal organizations outside the Public Service including the movement of Public Service functions to any public or private sector employer operating under the jurisdiction of the Cpart of it, or otherwise disposed of succession rights exist under Part 1 of the Canada Labour Code for federal organizations outside the Public Service including the movement of Public Service functions to any public or private sector employer operating under the jurisdiction of the CPart 1 of the Canada Labour Code for federal organizations outside the Public Service including the movement of Public Service functions to any public or private sector employer operating under the jurisdiction of the Code.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

(2) An application under Part III of the Children's Law Reform Act in respect of a child who ordinarily resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of OntaPart III of the Children's Law Reform Act in respect of a child who ordinarily resides in a part of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontapart of Ontario where the Family Court has jurisdiction may be commenced in the Family Court in that part of Ontapart of Ontario.

Justice Perell cited three instances of when a foreign company might be a «responsible issuer» under Part XXIII.1: (1) Where the foreign corporation's securities trade in Ontario's secondary market; (2) Where the foreign corporation's securities trade on secondary markets in both Ontario and a foreign jurisdiction; and (3) Where the foreign corporation's securities do not trade in Ontario, but the corporation otherwise has a real and substantial connection to Ontario.

Whether current practice for dealing with shareholders resident in jurisdictions with exacting securities laws (i.e. the USA, Canada, Australia and Japan) is acceptable under Part XIIIA CA 1985.

Re Sompo Japan Insurance Inc: [2011] EWHC 260 (Ch) Acted with Martin Moore QC in obtaining the sanction of a scheme for the transfer of insurance business under Part VII of the Financial Services and Markets Act 2000 in circumstances where the scheme was opposed on various grounds, including diminution of security for policyholders, alleged inadequacies in reserving policy, criticisms of the independent expert's report and lack of enforceability in other jurisdictions.

(4) Despite subsection (2), a court may decline to make an order under this Part if the court, having regard to the interests of the spouses and the ends of justice, considers that it is more appropriate for jurisdiction to be exercised outside British Columbia.