Sentences with phrase «of parties to the proceedings»

Key factors the study looked at in assigning grades were whether state law mandates the appointment of attorneys for children in dependency proceedings; whether these attorneys represent the children in a client - directed manner; whether the representation continues throughout the case, including appeal; whether states provide attorneys with specialized training; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children.

104 (1) Subject to the provisions of the Constitution, the Chief Justice may by order under his hand transfer a case at any stage of the proceedings from any Judge or Magistrate to any other Judge or Magistrate and from one court to another court of competent jurisdiction at any time or stage of the proceedings and either with or without an application from any of the parties to the proceedings.

It is clear parties to proceedings can be liable for the acts of their witnesses and a claim or response can be struck out due to unacceptable behaviour by or on behalf of a party to the proceedings.

(c) that one or more of the parties to the proceedings participate in an appropriate course, program or other service.

(c) the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to proceedings in the Federal Circuit Court of Australia or of any other person;

(b) whether either or both of the parties to the proceedings in which the primary order was made were represented in those proceedings by a legal practitioner;

(e) one or more of the parties to the proceedings is unable to participate effectively in family dispute resolution (whether because of an incapacity of some kind, physical remoteness from dispute resolution services or for some other reason); or

(b) none of the parties to the proceedings on the application has applied, before 1 July 2007, for a Part VII order in relation to the child.

The court must not, without the consent of the parties to the proceedings, take into account an opinion expressed by a family consultant, unless the consultant gave the opinion as sworn evidence.

Such an approach would reduce the number of parties to the proceedings (as some could then be removed) and it would help the remaining parties to identify areas of contention and those over which there is no issue.

(2) In any proceedings in the Family Court, or in another court when exercising jurisdiction under this Act, the court may, of its own motion or on the application of a party to the proceedings, make one or more of the following orders:

It is not necessary to gain the agreement of parties to proceedings whose interests in land or waters is outside of the area over which parties have agreed to a determination of native title (even where the interest is within the wider claim area).

A court of a Territory must not hear or determine a de facto financial cause unless at least one of the parties to the proceedings is ordinarily resident in the Territory when the proceedings are instituted or are transferred to the court.

(4) For the purposes of this section, a creditor of a party to the proceedings in which the order under section 79 was made is taken to be a person whose interests are affected by the order if the creditor may not be able to recover his or her debt because the order has been made.

(2) In taking into account the income, earning capacity, property and financial resources of a party to the proceedings, the court must have regard to the capacity of the party to earn and derive income, including any assets of, under the control of or held for the benefit of the party that do not produce, but are capable of producing, income.

If a divorce order has been made in proceedings but has not taken effect, the court by which the divorce order was made may, on the application of a party to the proceedings, or on the intervention of the Attorney ‑ General, if it is satisfied that there has been a miscarriage of justice by reason of fraud, perjury, suppression of evidence or any other circumstance, rescind the divorce order and, if it thinks fit, order that the proceedings be re ‑ heard.

(8) Jurisdiction with respect to a matter arising under this Act in respect of which a matrimonial cause is instituted under this Act is not conferred on a court of a Territory unless at least one of the parties to the proceedings is, at the date of the institution of the proceedings or the date of the transfer of the proceedings to the court of the Territory, ordinarily resident in the Territory.

Not exact matches

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

«My office will continue to fight for victims» best interests throughout the bankruptcy proceedings, and engage with all parties, including The Weinstein Company and Lantern, in an ongoing effort to advance the principles we set forward when we filed our complaint: ensuring that victims are compensated, employees are protected moving forward, and perpetrators and enablers of abuse are not unjustly enriched,» he said.

These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.

The Company is not currently a party to any material legal proceedings, nor is the Company aware of any pending or threatened litigation that would have a material adverse effect on the Company's business, operating results, cash flows, or financial condition should such litigation be resolved unfavorably.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

There is no doubt that the Second Vatican Council, its proceedings and debates, the differences of opinion that became apparent, the press reports that retailed and exaggerated them, the existence of tendencies and parties thus reveals, the struggle for decisions this way and that the alterations in liturgy and law decided upon — all these experiences caused profound astonishment, disquiet and consternation in many Catholic circles, even to a considerable extent among the clergy.

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(d) All written communications between parties involved in appeal proceedings must be sent to the recipient's place of business by a delivery service which provides dated return receipts.

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisTo the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisto an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisto these Terms of Use, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.

No wonder Assemblyman Jeff Dinowitz, chair of the party committee and a Rainbow Rebel himself, wasn't in any big rush to heed the call of state Democratic Party leaders» to start proceedings to dis - enroll Esparty committee and a Rainbow Rebel himself, wasn't in any big rush to heed the call of state Democratic Party leaders» to start proceedings to dis - enroll EsParty leaders» to start proceedings to dis - enroll Espada.

UPDATE: Last week, Gillibrand issued a statement applauding legislation that would authorize U.S. Supreme Court proceedings to be televised, unless decided by a majority vote that such coverage would violate the due process rights of any party involved, explaining:

Of course, the roaring, jeering wall of sound can intimidate, but a good Speaker should be able to chair proceedings so that smaller parties and backbenchers get a proper say without losing any of the drama of the evenOf course, the roaring, jeering wall of sound can intimidate, but a good Speaker should be able to chair proceedings so that smaller parties and backbenchers get a proper say without losing any of the drama of the evenof sound can intimidate, but a good Speaker should be able to chair proceedings so that smaller parties and backbenchers get a proper say without losing any of the drama of the evenof the drama of the evenof the event.

Justice John Tsoho had on April 28 fixed Wednesday for the hearing of a motion for stay of proceedings filed by the two interested parties, asking the court to suspend hearing in the suit until the Court of Appeal decided their appeal against the ruling denying them opportunity to be joined in the suit.

Justice Tsoho then struck out the interested parties» motion for stay of proceedings filed before him to give room for the appeal court to decide on the similar one before it.

Thirdly, charities, NGOs and civil society groups, which are often invited by the court to «intervene» in proceedings to offer advice, could now find themselves liable to pay the costs of all the parties.

This was immediately followed by one Mr. Baah Acheamfour who proceeded to make a complaint to the police of the conduct of Afoko and his alleged spokesperson which he described as gross and flagrant violation of Article 3d (VIII) of the NPP's constitution under duties of a member which state that a member shall not initiate commence or prosecute any legal proceedings whatsoever against the party or any member of the party relating to party affairs without first exhausting the grievance procedure laid down in the constitution in respect of grievances against the party or any other members,» the letter said.

«Your wilful and consistent refusal to attend the proceedings on the three occasions you were invited has confirmed your disrespect to constituted authority of the party.

New Patriotic Party (NPP) lawmakers in Ghana's Legislature have started collecting signatures of Members in the House in a bold move that insiders say could lead to a push for impeachment proceedings against President John Dramani Mahama.

Nick Clegg was facing a row on Tuesday night after the Liberal Democrats decided to re-admit Lord Rennard — the man who masterminded the party's byelection victories in the 1990s — as it dropped disciplinary proceedings relating to allegations of inappropriate behaviour towards women.

To clarify: the reference to «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppeTo clarify: the reference to «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppeto «final disciplinary proceedings» relates to claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been droppeto claims that the peer had brought the party into disrepute by his criticisms of party processes, not the earlier investigations into allegations of sexual impropriety by four women, which had also been dropped.

In February 2017 however, Mr. Amidu withdrew his suit seeking an oral examination, explaining that the change of government under the New Patriotic Party under His Excellency the President, Nana Addo Dankwah Akuffo Addo and his Attorney General, Miss Gloria Akuffo's assurance to retrieve all judgment debts wrongfully paid to individuals Mr. Woyome in response prayed the Supreme Court to stay proceedings on the oral examination since he had filed for a review on the case.

Under the rules, parties are not allowed to approach the appellate court, except under the special circumstance that the record of proceedings at the court below had been compiled and transmitted by its registry.

• This clarification was added on 27 August 2014: An article examining whether Lord Rennard's expertise as a party strategist for the Liberal Democrats will be called upon in the forthcoming general election stated that «Rennard was readmitted to the party this week after final disciplinary proceedings relating to four women's claims of sexually inappropriate conduct were dropped».

«The mayor is not a party to these proceedings, and part of the problem is the confusion between the mayor and Campaign for One New York,» McClure said.

The convict, during the court proceedings, admitted in the open court that he used the company's money to finance the governing NPP during the 2016 general election campaign in anticipation of being reimbursed when the party won the 2016 election.

The discovery of William Baah's deep involvement with the NPP comes at a time when members of Delta Force, a goon squad of the ruling party, had overthrown court proceedings and freed members of their group facing trial with the state going through the motions to sweep the case under the carpet.

The Assembly should ensure close scrutiny of the executive, and allow other parties to articulate reasoned opposition via its proceedings.

The proposed amendment reads, «the provisions of subsection (1) of this section shall not apply to, (a) «civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party».

The bill proposed the substitution of subsection 308 (2) which reads «the provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party», with a new section.

The limits of this sort of appraising have cropped up in an unrelated, long - running legal dispute in which an earned - media valuation by Campbell Ewald, itself not a party to the proceedings, figures prominently.

After granting the order of stay of proceedings, the apex court ordered parties — Saraki and the Federal Government — to exchange their briefs of argument within 14 days.