At 45: «Aside from this, the English freezing injunction at issue does not provide for any irreversibly drastic measures for its enforcement overseas, in particular in so far as third persons who were not
parties to the proceedings in England are concerned.
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).
(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
In Vitol SA v Capri Marine Ltd [2008] All ER (D) 437 (Feb), Mr Justice Tomlinson held that CPR 6.30 (2) was concerned with documents requiring to be served
on parties to the proceedings.
c) in refusing to join the children
as parties to the proceedings and thus denying them a trained lawyer to represent the case against their removal from Britain, and instead in encouraging a legally - untrained and emotionally - involved lay - person (their father) to conduct the legal case against removal on the children's behalf, Wall denied the children a fair hearing.
(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.
If, before commencement,
parties to proceedings attended a conference with a family and child counsellor or a welfare officer to discuss the matter to which the proceedings relate, the attendance at that conference is taken to satisfy the requirement in subsection 65F (2) of the Family Law Act 1975 (as amended by this Schedule) to attend a conference with a family counsellor.
In Jackson, the Court of Appeal has determined general intoxilyzer information is not the fruits of the investigation and not held by the «Crown» — Ottawa Police Service is, for Watt J.A., a
third party to the proceedings against Mr. Jackson.
In conclusion, Arnold J found that Mrs Godden was a
real party to the proceedings and that in all the circumstances this was an exceptional case and that it was just to make an order for costs against Mrs Godden.
Part 1 of the Children and Adoption Act 2006, which came into force this week, gives the courts more flexible powers to facilitate child contact, and requires
individuals party to proceedings to take part in activities that promote contact with their children.
Based on the co-respondent mechanism the Union or an EU Member State can become
full parties to proceedings with all corresponding rights and obligations whenever the examination of a violation of the ECHR implies also the scrutiny of a provision of EU law as to its compatibility with the ECHR.
Where either
party to the proceedings believes a witness may not attend court voluntarily, they can apply for a witness summons to be issued (an order issued to a person outlining the specific date for their appearance in court).
6.5 We recommend that where there are reporting restrictions in place relating to the names
of parties to the proceedings, the online list will identify cases by number, with a suitably anonymised case name.
(aa) a certificate to the effect that the person did not attend family dispute resolution with the practitioner and the other party or
parties to the proceedings in relation to the issue or issues that the order would deal with, because the practitioner considers, having regard to the matters prescribed by the regulations for the purposes of this paragraph, that it would not be appropriate to conduct the proposed family dispute resolution;
(7) The Director and the person who has required the hearing and such other persons as the Tribunal may specify are
parties to proceedings before the Tribunal under this section.
(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
2.1.20 In any application or appeal concerning children or where in the court below the title used has been such as to conceal the identity of one or
more parties to the proceedings, this fact should be clearly drawn to the attention of the Registry at the time of filing, so that the title adopted in the Supreme Court can take account of the need for anonymity.
If there are gaps in the parties» disclosure even after the provision of this information and documentation then other tools are available, including ordering the disclosure of documentation from third parties, requesting the information from foreign courts and joining
third parties to the proceedings.
As noted above, it may be difficult to obtain a stay of them (without the consent of
other parties to the proceedings), and settlements can give rise to their own particular complications.
«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.
Justice Taiwo said the action breached the governor's fundamental rights to fair hearing, as the commission did not make
him a party to the proceedings for the interim freezing of the account.
The MIB's amended notes for guidance waive some of these requirements where the MIB is added as
a party to the proceedings.
Court proceedings are public; nearly everything that happens in a court is public information (aside from issues of national security as decided by panels of judges and / or grand juries; or issues of safety for individuals and / or witnesses who are
party to the proceedings).
In essence, LZ was precluded from participating in the authorisation process because it was not granted the status of «
party to the proceedings» (incorrectly, as the litigation in Brown Bears I would later clarify).
Parties to proceedings in the Federal Court can serve and file a short statement consenting to be served electronically by email.
Parties to proceedings (and anticipated proceedings) have a duty to preserve evidence.
Abused Children Protection Orders (SB 1335 / PA 99 - 0349): Provides that
the parties to the proceedings are also entitled to copies of unfounded reports.
In brief, the contact activity directions will require
a party to proceedings to take part in an activity that promotes contact with a child.
The adjudicators may direct
that parties to proceedings attend case management conferences or pre-hearing reviews and award reasonable costs.