Sentences with phrase «parties to proceedings under»

(d) to give the court the power to require parties to proceedings under this Act to make use of court or non ‑ court based family services appropriate to the needs of the parties.

(b) attendance at family dispute resolution by parties to proceedings under the Family Law Act 1975; and

(iv) the participation by parties to proceedings under this Act in courses, programs and other services (other than those mentioned in subparagraph (i), (ii) or (iii)-RRB- that the parties are ordered by the court to participate in; and

(d) the participation by parties to proceedings under the Family Law Act 1975 in courses, programs and other services that the parties are ordered by the court to participate in; and

(d) to give the court the power to require parties to proceedings under this Act to make use of court or non-court based family services appropriate to the needs of the parties.

(10B) If a person becomes a party to proceedings under this section because of paragraph (10)(aa), the person may, in the proceedings, apply for:

(m) the power to make an order exempting a party to proceedings under this Act from compliance with a provision of the regulations or Rules of Court.

(5) If the power referred to in paragraph (1)(f) is delegated under subsection (1), a Registrar shall not exercise the power on application by a party to proceedings under this Act unless:

Not exact matches

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.

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

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.

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.

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 regiUnder 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 regiunder the special circumstance that the record of proceedings at the court below had been compiled and transmitted by its registry.

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.

(5) In an action brought against the creditor under sub-section (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party in the proceedings.

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

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

Cooke J said that the requirements under the Convention and the Act to uphold the parties» contractual agreement on jurisdiction had to override the court's powers under its inherent jurisdiction to stay proceedings.

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

Under the current system, if one of the party's contests the other's application for financial remedy, all of the divorce proceedings are transferred to a local court.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

As part of defending a claim by Haida Nation for aboriginal title over lands in which third - persons had interests under Canadian law, British Columbia sought to stay the proceedings until either Haida Nation declared they would not disturb the tenures, permits and licences of third parties not named in this action, or it added those third parties as defendants to their action.

Since relief from forfeiture is an equitable remedy, the Court must consider the proceedings and the conduct of the parties under the circumstances, and any such terms as to payment of rent, costs, expenses, damages, compensation, penalty or the granting of an injunction to restrain any similar breach in the future.

(13) A mediator - arbitrator appointed under this section shall determine the mediator - arbitrator's own procedure but shall give full opportunity to the parties to present their evidence and make their submissions, and section 116 applies to the mediator - arbitrator and the mediator - arbitrator's decision and proceedings as if it were the Board.

Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract claims by filing the nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the nonmonetary status declaration close to trial), and it defensed the tort claims (under which plaintiff sought to recovery money against trustee).

If you commence defamation proceedings in the RCJ or Manchester before 1 April 2013 you will be governed by the PD 51D costs management scheme which is more relaxed about allowing the receiving party to depart from his budget than under the new budgeting regime.

The case is thus about whether Article 1111 - 3 Code du travail is compatible with the right of workers» to information and consultation under Article 27 Charter of Fundamental Rights as implemented by Directive 2002/14: Should Mr Laboubi and the union be able to rely on EU law in legal proceedings between private parties to exclude the application of the French norm and enforce the right to information and consultation?

In proceedings to which the European Union is a co-respondent, if the Court of Justice of the European Union has not yet assessed the compatibility with the Convention rights at issue of the provision of European Union law as under paragraph 2 of this Article, sufficient time shall be afforded for the Court of Justice of the European Union to make such an assessment, and thereafter for the parties to make observations to the Court.

Evidence law presumes the authenticity of records if «if it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not record or store it under the control of the party seeking to introduce the record.»

He was appointed by the British Government in 2004 to the list of Arbitrators under the ICSID Convention, and is currently sitting or has recently sat in five ICSID arbitrations as Chairman * and seven as Party - appointed Arbitrator ** (both claimant and host State), and in five ICSID annulment proceedings ***, as well as in arbitrations under the ICC, PCA, Stockholm Arbitration Institute and LCIA (sole arbitrator), and ad hoc.

The expert also needs to know what type of case it is, ie civil, criminal, family or other, whether the matter is in its early pre-action stage or if court proceedings have begun, and whether you are instructing him as a party - appointed expert or a single joint expert (or, if the matter is pre-action, as a jointly selected expert under a pre-action protocol).

Likewise, if the parties are required under the contract to discuss the issues in dispute (by, for example, a series of escalating meetings concluding with a meeting of Managing Directors) before proceedings can be issued, then there is perhaps a greater chance that the matter will be resolved without the need for the Court to be involved.

Under the applicable procedural rules in Switzerland, investigators or the court may neither ask for documents that relate to the professional legal representation of a party or of a third person in civil proceedings nor for correspondence between an accused person and the defence lawyer in criminal proceedings.

In administrative proceedings, the Swiss Competition Commission issued guidelines and held that a document may not be searched and seized if it relates to correspondence between a company investigated by the Commission and a registered Swiss attorney or attorneys authorised in member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under legal privilege by the Swiss Competition Commission).

In February 2008, the claimant issued proceedings under CPR Pt 8, contending that the defendant's standard terms relating to, inter alia, renewals commissions, sales commissions and third - party renewals were unfair within the meaning of reg 5 of the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).

A child may apply for leave to participate as a party in private law proceedings under the provisions in r 9.2 A of the Family Proceedings Rules 1991 but such applications remain unusual.

-- The involvement of other parties to the suit is only relevant in cases where that is asserted as a possible connecting factor and in relation to avoiding a multiplicity of proceedings under forum non conveniens.

Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Capacity Act.

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

In Laverick v Alberta (Transportation Safety Board), 2018 ABQB 57 (CanLII), Justice W. P. Sullivan acknowledged that a third - party applicant may argue for a stay of proceedings pursuant to section 24 (1) of the Canadian Charter of Rights and Freedoms against charges under section 88.1 of the Traffic Safety Act, RSA 2000, c T - 6 [TSA], the administrative license suspension («ALS») regime.

The logic applied just as much to administrative proceedings: «Holding parties who receive the Record under an implied obligation not to use information in it for a collateral purpose promotes the public interest in obtaining full disclosure of [relevant] material..., just as this promise of confidentiality supports the obligation of complete disclosure between parties in civil actions» (at para. 37).

The Small Claims Tribunal is similar to the one in Singapore, where parties can not be represented by legal representatives and proceedings are conducted under simplified rules to enable claims to be resolved expeditiously.

Absent class proceedings, the enforcement process under the Code for such a claim would involve inspectors and referees investigating claims beyond that of single employees, and would join additional employees as parties to the proceeding where they have substantially the same interest.

When a company under investigation is also involved in ongoing civil proceedings (before a court or an arbitral tribunal) that relate to the conduct under investigation, a party or the government may seek to stay those proceedings pending the outcome of the investigation.

Where the parties to an arbitration agreement have agreed to submit their disputes to arbitration under the Rules, they shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration proceedings, unless agreed otherwise.

Under Austrian law, private parties may declare a joinder of their civil claims to the criminal proceedings (section 67 StPO).

Justice Stratas grants Alberta's application to intervene on the presumption that the Crown represents the interest of Albertans in the proceedings (at paras 11 - 27) and denies the application to intervene made by the Tsartlip First Nation on the basis it is really an application for judicial review under the guise of an intervention and its submissions would be duplicative of existing parties (at paras 35 - 54).

Acting (as junior to Mark Templeman QC) on behalf of FKI resisting Stribog's application for a stay of proceedings under Article 28 of the Judgments Regulation on the basis that related proceedings had been brought between the same parties in Germany.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.