Sentences with phrase «make submissions to the court»

The Court initially ruled that Zamin could make those submissions to the Court in a hearing in camera from which ENRC's counsel would be excluded, but subsequently accepted that this could infringe ENRC's Article 6 rights.

It was entirely reasonable for defence counsel to seek an opportunity to research and consider the law before making submissions to the court, and it may well have been of considerable assistance to the court.

(4) Where the Attorney General of Canada or the Attorney General of Ontario is entitled to notice under this section, he or she is entitled to adduce evidence and make submissions to the court in respect of the constitutional question.

(5) The court may direct that any person interested, or any one or more persons as representatives of a class of persons interested, be notified of the hearing and be entitled to make submissions to the court.

Unless the courts in the Member State where the child was habitually resident immediately before the wrongful removal or retention have already been seised by one of the parties, the court or central authority that receives the information mentioned in paragraph 6 must notify it to the parties and invite them to make submissions to the court, in accordance with national law, within three months of the date of notification so that the court can examine the question of custody of the child.

(3) The independent children's lawyer must, if satisfied that the adoption of a particular course of action is in the best interests of the child, make a submission to the court suggesting the adoption of that course of action.

Similar to s 87A, s 87 could also allow for other parties to be notified and given the opportunity to make submissions to the Court objecting to the proposed determination.

Again, the Bill should also clarify that the claimants have an adequate opportunity to make submissions to the Court on the appropriateness of the assistant.

that the relevant representative body / ies will receive a copy of the regional report and / or work plan sufficiently in advance of the directions hearing to allow it to make any submission to the Court about the report or plan that it considers necessary.

The Commission recommends that items 6 and 12 of Schedule 1 to the Bill be amended to clarify that, if the Court is considering appointing a person or body for mediation, who is not the Registrar, a Deputy Registrar, a District Registrar, a Deputy District Registrar of the Court, or the NNTT, that the Court must give the claimants an opportunity to make submissions to the Court on the appropriateness of the proposed mediator.

That items 6 and 12 of Schedule 1 to the Bill be amended to provide that, if the Court is considering appointing a person or body for mediation, who is not the Registrar, a Deputy Registrar, a District Registrar, a Deputy District Registrar of the Court, or the NNTT, that the Court must give the claimants an opportunity to make submissions to the Court on the appropriateness of the mediator.

[50] The claimant and the primary respondent should then have an opportunity to make submissions to the Court opposing the addition of the party.

that the relevant representative body will receive a copy of the regional report and / or work plan sufficiently in advance of the directions hearing to allow it to make any submission to the Court about the report or plan that it considers necessary.

That proposed s 94D in item 35 of Schedule 1 to the Bill be amended to state that where the mediator intends on nominating an assistant / s under proposed s 94D (3)(b), the mediator must inform the Court and the parties of the identity / ies of the assistant, and an outline of the scope of the assistance intended to be provided, and that the Court must give the claimants an opportunity to make submissions to the Court on the appropriateness of the assistant.

(3) The Court or a Judge must exercise the discretion under section 47B of the Federal Court of Australia Act 1976 to allow a person to appear before the Court or Judge, or make a submission to the Court or Judge, by way of video link, audio link or other appropriate means if the Court or the Judge is satisfied that:

that the relevant representative body / ies will receive a copy of the regional report and / or work plan sufficiently in advance of the directions hearing to allow them to make any submission to the Court about the report or plan that it considers necessary.

(3) If, under subsection (2), a bankruptcy trustee is a party to proceedings with respect to the maintenance of a party to a de facto relationship, then, except with the leave of the court, the bankrupt party to the de facto relationship is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(15) If a bankruptcy trustee is a party to property settlement proceedings in relation to the parties to a de facto relationship, then, except with the leave of the court, the bankrupt party to the de facto relationship is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(3) If a bankruptcy trustee is a party to proceedings with respect to the maintenance of a party to a marriage, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(12) If a bankruptcy trustee is a party to property settlement proceedings, then, except with the leave of the court, the bankrupt party to the marriage is not entitled to make a submission to the court in connection with any vested bankruptcy property in relation to the bankrupt party.

(6) If the trustee of a personal insolvency agreement is a party to proceedings with respect to the maintenance of a party to a marriage, then, except with the leave of the court, the party to the marriage who is the debtor subject to the agreement is not entitled to make a submission to the court in connection with any property subject to the agreement.

Not exact matches

The ACCC and Coles have made joint submissions to the Federal Court seeking consent orders from the Court.

INEC, initially, made its position clear regarding Akko Federal Constituency of Gombe State to the National Chairman of APC that the submission of the name of a new candidate for the court - ordered election is «not acceptable» because «the period for nomination of candidate for the election has since elapsed,» but failed to follow it through to a logical conclusion.

But counsel for the applicant, Soji Oyetayo, in his submission told the court that the court made an order which the Oluwo had refused to complied with.

The plaintiff and the second defendant in the matter, Valentino Nii Noi, who won the primary, agreed to the submission and moved the motion to set aside the earlier default judgement given by the court when the party failed to make an appearance.

The legal submissions made by News UK in relation to the costs will not be made public, Saunders ruled, as they were not referred to in open court and because the formal cost applications were never actually made.

I couldn't help but be reminded of Mark Steyn's comments about climatologists» stark failure to make any amici submissions to the DC court on Mann's behalf.

In reaching its decision, the Court of Appeal rejected a submission made on behalf of the Crown that it ought to take a «liberal view» of s 2 (3) to allow officers a certain amount of leeway where, as in the present case, the circumstances justified something short of strict compliance with the statutory duty.

While the Canadian Bar Association is usually busy intervening in court cases, making submissions to government, commenting on proposed legislation and supporting members, it's not every day that the CBA is called upon to help the public understand the nuances of a pressing national issue which raises concerns about the rule of law.

An old country solicitor friend of mine once appeared for the defence at a magistrates» court off of his own patch and was met with apparently continuous grinning throughout the case for the prosecution which persuaded him to refrain from making a submission of «no case to answer» or calling his client to give evidence.

The Court: But it is well understood also that when the Crown sets out a penalty as being an appropriate one, it's pretty rare for a judge to impose a higher penalty than what the Crown submits is appropriate, given that the Crown is making submissions based on caselaw.

However, following submissions made in court today, the Judge granted permission to the local authorities to argue before the Court of Appeal that the Government's decision failed to comply with the SEA Directive and that the Government's failure to reconsult with the local authorities (51M) on their Optimised Alternative to HS2 was unfair and unlacourt today, the Judge granted permission to the local authorities to argue before the Court of Appeal that the Government's decision failed to comply with the SEA Directive and that the Government's failure to reconsult with the local authorities (51M) on their Optimised Alternative to HS2 was unfair and unlaCourt of Appeal that the Government's decision failed to comply with the SEA Directive and that the Government's failure to reconsult with the local authorities (51M) on their Optimised Alternative to HS2 was unfair and unlawful.

The Court was satisfied that the disclosure of the two agreements was required in order to police the freezing order, but ordered that Zamin could make separate submissions as to why the disclosure of the agreements could be commercially damaging, before having to disclose the agreements themselves to ENRC.

Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further submissions, oral or written, and allowing, if requested, fresh material in response.

In short the Court held that all parties of record have standing to make submissions during these applications although the standing is limited.

Delivering the opinion of the court, the Lord Justice Clerk said: «In light of the submissions made to her, the court does not consider that any criticism of the Lord Ordinary's approach is well founded.

In rejecting the Plaintiff's submission the Court made the following comment «It is not the court's function to ensure that a plaintiff makes a net recovery from an action when it has ignored a reasonable oCourt made the following comment «It is not the court's function to ensure that a plaintiff makes a net recovery from an action when it has ignored a reasonable ocourt's function to ensure that a plaintiff makes a net recovery from an action when it has ignored a reasonable offer.

The court rejected counsel's submission that the duty not to make ulterior use of disclosed documents is identical to the obligation of confidentiality that exists between a solicitor and his own client.

Was Justice Scalia not entitled to take an argument from a submission made to the court and pose it to counsel for the other side?

But the parties were agreed that when counsel for the secretary of state was making submissions in the Inner House on the appropriate remedy she had conceded that the appellant would be granted indefinite leave to remain if the court were to decide to restore the decision of the adjudicator.

Finnis points to the submissions made by government of Turkey before the Third Section of the Strasbourg Court in Sahin,

A feature of the judgments of the Supreme Court is that they are lengthy and burdened with references and footnotes that would make them more suitable for submission as academic articles to the Law Quarterly Review.

The courageous argument of the tenants — or at least one of the two who participated in the second tier appeal, the landlords being unrepresented after two previous outings at which they were victorious and submissions being made by an advocate to the court — was that the landlords had been under an obligation to mitigate their loss and had failed to do so by forfeiting the lease despite knowing of the tenants» plight.

Indeed, PJ O'Rourke recently make a brilliant amicus brief to the US Supreme Court on the constitutional merit of false political speech (http://object.cato.org/sites/cato.org/files/pubs/pdf/sba-list-merits-filed-brief.pdf) Mind you, not all untruths are defamatory (and, indeed, PJ O'Rourke's submission is based on the premise that while the state can't / shouldn't ban untruthful political speech, wronged politicians can nevertheless seek the remedy of a defamation suit).

The court must give the representative a reasonable opportunity to make written submissions or attend a hearing (46.8 (2)-RRB-.

The Court of Appeal rejected this submission as it saw no distinction between a risk of exposure and a risk of harm, and as long as the evidence supported the judge's findings (which it did), he had reached an entirely reasonable conclusion that avoidable exposure in the school had made a material contribution to the risk and therefore to the eventual materialisation of the claimant's illness.

We are starting to make references to the Schmidt case in our submissions to the Chilliwack Law Courts.

Toronto lawyer Joseph Groia, the first lawyer convicted for incivility on the basis of submissions made in court on behalf of a client, is taking his long - standing legal battle to Ontario's top court.

For example, in 1998, the SCC was asked by the federal government to opine on whether it was legal, under either Canadian or international law, for Québec to unilaterally secede from Canada Interested parties can apply to the Court to make submissions as interveners.

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.