Sentences with phrase «of claimant groups»

In contrast, the negotiation model assumes the right of claimant groups to a negotiated outcome based on their traditional connection to country.

The appeal of the SCC for defendants, obviously, is the absence of costs shifting, and indeed this is one of claimant groups» main objections to the policy.

There must be evidence of a strong presence on or over the land claimed, manifesting itself in acts of occupation that could reasonably be interpreted as demonstrating that the land in question belonged to, was controlled by, or was under the exclusive stewardship of the claimant group.

[48] Exclusivity might be established by proof that others were excluded from the land, or that others were only allowed access to the land with the permission of the claimant group.

In Risk v National Native Title Tribunal [35] it was held that all members of the claimant group must be identified to be included in the claim.

The use of DNA technology in native title claims might be suggested where persons want to be identified as members of a claimant group, for example because they are from the Stolen Generation, but have been excluded from the native title claim for some reason.

Of increasing concern is the way in which the government's allocation of funds to third parties wishing to participate as respondents in the native title claim process is funnelling NTRBs resources towards litigation rather than addressing the needs of the claimant group.

Of particular concern is the way in which the Australian Government's allocation of funds to third party respondents to native title claims necessarily funnels NTRB resources towards litigation over agreement - making and the broader needs of the claimant group.

... No doubt the failure of a claimant group to continue to pass on knowledge of other customs and laws by word of mouth will not necessarily be fatal to their claim.

Different aims and governance problems: conflict arises where «aims and objectives (in relation to the land claimed) differ amongst members of the claimant group».

Such policies may influence whether negotiations will be confined to native title rights and interests as they are legally defined, or whether they address the broader economic and social development needs of the claimant group.

This chapter evaluates State and Commonwealth native title policies by reference to whether they direct native title negotiations towards the sustainable development of the claimant group in accordance with internationally recognised human rights principles.

[13] A benefit for all stakeholders in adopting this approach is that it ensures that each individual member act with the authority of the claimant group.

This fiduciary duty provides a much stronger basis for a Court to order a government to enter into meaningful negotiations than that available in Australia, where, in effect, the order to attend mediations and negotiate is a procedural matter unrelated to the substantive rights of the claimant group.

If this recommendation is not accepted, the Commission recommends that s 66B should at least be amended to clarify that fresh authorisation is not required where the composition of the claimant group changes solely due to death or incapacitation of an claimant member.

In weighing evidence as to whether native title has ceased to exist, it is appropriate for the Court to ask whether there has been shown a clear and plain intention on the part of the claimant group to abandon all underlying connection with the land.

It asks the question «what would a government and a native title claimant group discuss if the agreed aim of the native title process was the realisation of the claimant group's right to sustainable development?»

This provides an invaluable opportunity for governments and traditional owner groups to tailor native title agreements to the real needs of the claimant group rather than the demands of the legal system.

Such a power would enable the regional identification of the traditional country of a claimant group even where native title has been, for example, extinguished by the grant of an extinguishing tenure.

A central element of my response to these questions is directed to ways in which the capacity of the claimant group can be developed to take control of the development process.

Not exact matches

A group of large creditors in the Mt. Gox debacle have ramped up legal moves to remove the company from bankruptcy, and distribute its remaining bitcoins among claimants.

If the group to be identified as the recipients of reparations payments is simply to be «African - Americans,» then there will be a surprising number of claimants eligible for reparations payments who have, so to speak, been «white» for several generations.

The Low Incomes Tax Reform Group (LITRG) have welcomed HMRC's commitment to carry out a review of all summer 2016 decisions made by Concentrix that have not already been challenged by claimants and to improve their compliance processes for 2017 and beyond.

The Low Incomes Tax Reform Group (LITRG) has welcomed today's House of Commons Work and Pensions Committee report which makes a number of recommendations on how universal credit could better support self - employed claimants.

The Government must give better and fuller guidance to tax credit and other benefit claimants about the circumstances in which they may still claim the child element of child tax credit or universal credit for a third or subsequent child born on or after 6 April 2017, says the Low Incomes Tax Reform Group (LITRG).1 Previously announced changes to tax credits, universal credit and some other benefits which limit payment of the child element to no more than two children come into effect today (6 April).

The comfort factor requires a counter-factual belief that the pain of cuts can be borne wholly by out - groups such as immigrants, tattoo'd welfare claimants (but not pensioners) and bankers.

The problem with the IPT, as Harriet Wistrich, a solicitor with Birnberg Pierce and Partners, acting for one group of claimants, explained, is that it is «a completely unfair process»

In court, on a good day, there are four teams representing, variously, two groups of claimants (one from a Cardiff anarchist network, another from environmental protesters), and two police forces.

Professional group joins Labour in warning that claimants for children born of non-consensual sex may be criminalised

«There is now great concern that claimants will fail to receive the level of employment support promised,» said Kate Green, chief executive of Child Poverty Action group.

The Low Incomes Tax Reform Group (LITRG) is warning a number of groups of tax credit claimants that they need to contact HM Revenue and Customs (HMRC) if they want to continue receiving working tax credit after this week.

The group recommends that all benefits claimants who can use these new allowances check whether they still need to declare this income as part of their claim.

The Legal Aid, Sentencing and Punishment of Offenders Bill provides a much - needed opportunity to mend our broken compensation system to ensure a better deal for genuine claimants, taxpayers, local authorities, the NHS and businesses alike» Matthew Davis, Head of Group Insurance, Home Retail Group (whose brands include Argos), said: «Managing our business costs is crucial to ensuring that we remain the UK's leading home and general merchandise retailer.

«We know there is a small group of benefit claimants without the major physical or health barriers to work associated with incapacity benefit - who live in areas where there is no shortage of vacancies, particularly for low - skilled jobs but who nonetheless remain on benefits for long periods of time,» he said.

«I am impressed by the success of the Pathways programme - it proves that with the right support we can make a difference even with long - term benefit claimants, which is a group of people usually considered harder to help,» employment minister Stephen Timms said.

Responding to a consultation on the pilot closure of HMRC Enquiry Centres in the North East1, the Low Incomes Tax Reform Group (LITRG) are urging HMRC to cater for taxpayers» and tax credits claimants» individual needs, focusing on service delivery and not cost cutting

The governor's proposal also lacked measures «to help the claimants» side of the table,» countered Art Wilcox, a former AFL - CIO staffer who heads the Worker Protection and Compensation Coalition, a group that advocates for injured workers.

This lesson involves pupils working in groups to produce an election campaign for one of the claimants to the throne in 1066.

A group of claims handlers found that, over a 12 - month period between mid-2013 and mid-2014, up to 30 % of PPI offers made by some providers included comparative redress, with claimants affected being about # 730 worse off on average.

(5) The relief requested by the consolidated group of claimants shall be limited to monetary damages equal to the net liquidating value of each individual claimant's account (s) as of the close of business on the day of the bankruptcy, but may also include a request for interest, costs and fees where appropriate under the Code;

Once $ 6 million of claims in the non-Welcome Back group and $ 4 million in the Welcome Back group are reached, claimants will be awarded a one month PlayStation Plus membership.

(i) size and nature of the organization; (ii) part of the organization with which the refugee claimant was most directly concerned; (iii) refugee claimant's duties and activities within the organization; (iv) refugee claimant's position or rank in the organization; (v) length of time the refugee claimant was in the organization, particularly after acquiring knowledge of the group's crime or criminal purpose; (vi) method by which the refugee claimant was recruited and opportunity to leave.

The scope of their practice is focused on the individual claimant as well as organized groups or «rings.»

As noted in the Court of Appeal Case in Solomon v Cromwell Group PLC Oliver v Doughty (2011): «The effect of accepting a Part 36 Offer made before a claim is issued, is that the Claimant is entitled to recover costs incurred in contemplation of proceedings ``

Acting in respect of group claim of over 100 claimants resulting from exposures to harmful fumes and vapours in the workplace - the combined values of the claims totalled more than # 0.5 m;

The Amersham research group, which comprised other scientists apart from the claimants, carried out human studies on one of the more promising compounds in 1988.

Mr Justice Cooke held in Nomura International plc v Granada Group Ltd and others [2007] EWHC 642 (Comm), [2007] All ER (D) 404 (Mar) that it depends on whether the claimant can properly identify the essence of the tort or breach of contract complained of and, if given appropriate time to marshall what he knows, is in a position to formulate particulars of claim.

The group of about 200 staff, who brought the employment tribunal claim in February, have accepted a settlement proposal of eight weeks» pay for each claimant, offered after administrators Quantuma admitted a «technical breach» in the required duration of a redundancy consultation when it was carried out by KWM.

A group of claimants led by investment manager Gina Miller and hairdresser Deir Dos Santos are demanding that the triggering of Article 50 — which starts a two - year deadline for the exit process to be completed — be subject to a vote in parliament.

A second group of claimants, which includes the putative spouse and his or her children, stepchildren, and parents of the decedent, may file a wrongful death claim only if they were dependents of the decedent at the time of his or her death.