Sentences with phrase «statutory rights»

Once you have taken delivery of your furniture, we will only give refunds in accordance with your statutory rights, for example, if the goods are not fit for purpose or as described.

This does not affect your statutory rights.

(5) That because the Board's bylaws do not provide for certain enumerated statutory rights, the entire proceeding was null and void.

There are difficult questions of how the coexistence of statutory rights of commercial fishermen and common law native title rights, protected under s 211, would operate in practice.

While aspects of this process are similar to applying for the grant of a lease, statutory rights are very different from a lease.

The Commission recommends the Government Bills be amended to remove the statutory rights provisions, set out in Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)[Recommendation 13].

The Commission notes that the proposed Bills do not remove the statutory rights provisions, set out in Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).

These include hunting, gathering, fishing and other statutory rights and interests.

The determination set out the extent and nature of other interests, including those of the interests of people holding licences, permits, statutory fishing rights, or other statutory rights pursuant to state and Commonwealth legislation.50

An Aboriginal or a group of Aboriginals is no longer entitled to enter upon Aboriginal land and use or occupy that land in accordance with Section 71 (1) of the ALRA if to do so would interfere with the use or enjoyment of the statutory rights of a government (or authority or a third party with a permit to exercise those rights) acquired under Part IIB of the ALRA.

a funding body that has not acquired the statutory rights because there is already a compulsory five - year lease at the time a construction area has been created.

During the period a person has the statutory rights the buildings or infrastructure is taken to be the property of the person.105

The statutory rights may be transferred by the party who has acquired them to the federal government, a federal authority, the Northern Territory or a Northern Territory authority (depending on who has acquired them).108

The other interests listed in Schedule 4, that will continue to exist, includes any public right to fish, and «the interests of persons holding licences, permits, statutory fishing rights, or other statutory rights» under Victorian or Commonwealth legislation.52

[99] Schedule 3 (Infrastructure) of the FCSIA (NTNER) Act inserted Part IIB (Statutory rights over buildings or infrastructure) into the ALRA.

I am concerned that the proposed legislative amendments to PBCs, considered together with proposed regulatory amendments, will limit native title holders» statutory rights to be consulted about and consent to future acts on their lands.

The result of characterising native title in the language of legal rights, comparing them to statutory rights and finding inconsistency, is the extinguishment of native title.

That Act amends the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)(ALRA) inserting Part IIB (Statutory rights over buildings or infrastructure).

The acquisition by the funding body of the statutory rights is suspended for the period the compulsory five - year lease is in force.

The FCSIA (NTNER) Act amended the ALRA, inserting Part IIB (Statutory rights over buildings or infrastructure), 99 to provide for the acquisition (by the federal government, the Northern Territory, or one of their authorities) of extensive statutory rights in relation to areas of Aboriginal land designated as construction areas.

Consistent with this decision the definition of native title under the NTA does not simply replace the rights that arise from traditional laws and customs with statutory rights.

This would allow generic native title rights to subsist except to the extent they are inconsistent with other statutory rights.

This is a procedure under which the Australian or Northern Territory Governments can obtain a set of rights (which are called statutory rights) over certain Aboriginal land.

A further reform to Aboriginal land under the intervention was the introduction of «statutory rights».

«It ensures these agreements have appropriate protections for privacy and human rights and gives the technology companies that host customer data new statutory rights to stand up for the privacy rights of their customers around the world.»

Nothing in these Terms and Conditions will affect any statutory rights you may have as a consumer.

Mr. Heller argued that it would be an absurd result and contrary to public policy for vulnerable non-unionized employees to be denied statutory rights and protections.

Does using machines with such vulnerabilities violate constitutional or statutory rights to vote?

There is «warranty», which is what the seller or manufacturer gives you voluntarily, and «statutory rights», which is what the laws of your country gives you.

According to the claimants it was for the government to show that Parliament had granted the executive the power to use the prerogative to take away statutory rights.

There was a fundamental common law rule that had existed for centuries that the Crown can not by use of the royal prerogative change the law or deprive people of their statutory rights.

What it requires is that any such restriction or removal of statutory rights must be done by Parliament squarely confronting what it is doing by the use of express words, and accepting the political cost.

Triggering Art 50 would have the inevitable effect of destroying statutory rights enjoyed by virtue of UK membership of the EU.

«The primary object of the victimisation provisions... is to ensure that persons are not penalised or prejudiced because they have taken steps to exercise their statutory rights or are intending to do so.»

The Court remanded Spokeo back to the Ninth Circuit to determine whether plaintiff Robins, in alleging a plain violation of statutory rights under the Fair Credit Reporting Act, 15 U.S.C. § 1681, had shown that he suffered a concrete and particularized injury.

The council was forced to eat humble pie when the House of Lords restored the decision of the employment tribunal, restating that the primary object of the victimisation provisions was to ensure that people were not to be penalised for taking steps to exercise their statutory rights.

Both sides agreed that triggering Art 50 would take away statutory rights enjoyed as a result of membership of the EU.

The case involves Alberta's Municipal Governments Act, RSA 2000 c M - 26, including statutory rights of appeal that are similar to those recently considered by the Supreme Court (and only slightly less recently considered by the Alberta Court of Appeal) in Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 (CanLII).

... Making it impossible for people to go to court to vindicate their rights arguably amounts to their de facto abolition — yet the province can not abolish constitutional and federal statutory rights, and further, it is abolition by stealth, which is not permissible even for provincial statutory and common law rights.

Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.

Protectacoat Rirthglow Ltd v Szilagyi [2009] EWCA Civ 98, [2009] All ER (D) 208 (Feb), however, concerned whether the very basis of hiring was itself a sham and so could be disregarded when deciding whether individual claimants were «employees» for the purposes of the statutory rights.

I encountered this before and it was only by throwing the whole EU Statutory rights thing at them that they issued me with a refund, but it seems like too many people caught on to this for their liking, hence this new paragraph.

In addition, any common law rights to which a franchisee may be entitled are unaffected by these statutory rights.

Nor does congressional approval of Rule 23 establish an entitlement to class proceedings for the vindication of statutory rights....

This does not affect your statutory rights as a consumer.

Some of our practice areas include: Class Actions, Mass Torts, Major Personal Injury, Employment Law, Antitrust Litigation, Business & Commercial Litigation, Disability & Statutory Rights, Consumer Protection, Construction Defects, Disability Rights, Entertainment Litigation, Environmental / Toxic Torts, Professional Malpractice, Insurance Law, Telecommunications & Internet Litigation, Intellectual Property Rights and Unfair Business Practices.

In consequence, the partners should be limited in their common law and statutory rights of dissolution, and nothing more.

The British Columbia judge ruled that statutory rights are implied into contracts and therefore, Holland had merit for his claim.

New Employee Statutory Rights The government of Ontario passed significant amendments to the Employment Standards Act with the introduction of Bill 148, the Fair Workplaces, Better Jobs Act, 2017 on November 22, 2017.

6/24/2013 - Too Darn Bad: The Supreme Court Rejects Vindication of Federal Statutory Rights as a Ground to Invalidate Class Action Waivers in Arbitration Agreements