Sentences with phrase «subject of proceedings under»

(a) if the child is the subject of proceedings under Part VII in a State or Territory — an officer of the State or Territory who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person; or

1.17 The guideline may be of assistance in relation to families who are not subject of proceedings under the Family Law Act but who are involved with a Children's Contact Service by reason of a care and protection order made under relevant State legislation.

(b) if the child is not the subject of proceedings under Part VII — an officer of the State or Territory in which the child is located or is believed to be located who is responsible for the administration of the child welfare laws of the State or Territory, or some other prescribed person.

Not exact matches

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 otherwise.

In addition to the nine foreign nationals recently deported under immigration powers on grounds of national security, a further 21 foreign nationals are currently subject to deportation proceedings on national security grounds.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

In relation to moving in together and you going on title: Under matrimonial law the home shared by a family unit is subject to divorce proceedings, even if only one half of the spousal unit is on title.

These activities would clearly be potentially subject matters for proceedings, but under a strict interpretation of the bylaw, it would appear that litigation would at least have to be contemplated for such activities to fall clearly within the scope.

(2) Leave under paragraph (a) of subsection (1) may be granted or refused at the discretion of the court, and if granted may be granted subject to such conditions as the court thinks proper with respect to the use of any recording made pursuant to the leave; and where leave has been granted the court may at the like discretion withdraw or amend it either generally or in relation to any particular part of the proceedings.

So far as X is concerned, although she has been the subject of arrangements made under the Pre-commencement Procedure operated within the Public Law Outline, no proceedings have ever been issued with respect to her since the making of the adoption order)

Finding that, the Court went on to conclude that the provincial deemed trust under the PBA applies in CCAA proceedings, subject to the doctrine of federal paramountcy, because of the Amended Initial Order, and noting that that means that when there is a CCAA liquidation proceeding, the PPSA may determine the priorities rather than the federal scheme under the BIA (Indalex, para 52), since analogous priorities are not set out in the CCAA.

On the subject of guidance on parallel care and criminal proceedings and self - incrimination privilege under the Children Act 1989, s 98, Keehan J was unfailingly helpful.

But professional regulatory hearings also bear some similarity to criminal proceedings as well: regulatory bodies are statutory bodies that perform a governmental function and are subject to the Charter of Rights and Freedoms; they operate in the public interest; and they owe the same disclosure obligations of the Crown under Stinchcombe.

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.

The Presiding Officer also considered the provisions of the above legislation and concluded that they did not preclude the admissibility of self - incriminating evidence when the subject - matter of the proceedings is the act of lying under oath (at para 29).

The categories that are exempt from the automatic deportation scheme are: (i) those who are presently exempt from deportation altogether; (ii) cases in which deportation would breach an individual's rights under the Human Rights Act 1998, the Refugee Convention, or the Community treaties; (iii) those individuals the secretary of state believes were under the age of 18 on the date on which they were convicted; (iv) those subject to extradition proceedings; and (v) those subject to mental health legislation.

As for the criminal courts, it is for them to decide whether to admit / exclude evidence subject to their discretion under the Police and Criminal Evidence Act 1984 (PACE 1984), s 78, and to exclude it if in all the circumstances — including the circumstances in which the evidence was obtained — the admission would have such an adverse effect on the fairness of the proceedings.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

In the March 29, 2012 decision Re Rowan, the Ontario Court of Appeal decided, among other issues, that individuals involved in proceedings at the Ontario Securities Commission (the «Commission») who are subject to monetary penalties imposed under the Ontario Securities Act (the «Act»), are not afforded the protections of the Charter of Rights and Freedoms.

70.1 (1) Subject to subsection (2), the Attorney General may make rules in relation to the practice and procedure of the Court of Appeal, the Superior Court of Justice and the Ontario Court of Justice in proceedings under the Provincial Offences Act, including rules,

Developments were made in the field of Court of Protection work, with the Legal Aid Agency conceding that legal aid funding is available to P (the subject of proceedings in the Court of Protection) to bring a claim for damages under the Human Rights Act for both ongoing and historic breaches.

The protection of companies from the domestic enforcement of national judgments which are subject to challenge under the ECHR before the Eur Ct HR (Naftogaz v UK No 62976 / 12 and associated proceedings in the English Commercial Court)

Objections may be raised to such reliance on the grounds of admissibility — as a matter of evidence, findings made in other proceedings are ordinarily inadmissible and excluded under what is known as the rule in Hollington v. Hewthorn [24](although this controversial rule is subject to exceptions).

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

(15) If the police officer who is the subject of the hearing is charged with an offence under a law of Canada or of a province or territory in connection with the conduct that was the subject of the complaint, the hearing shall continue unless the Crown Attorney advises the chief of police or board, as the case may be, that it should be stayed until the conclusion of the proceedings dealing with the offence.

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.

The court held that proceedings under s. 163 of the Income Tax Act are administrative in nature and not subject to the protection of s. 11 of the Charter, reserved for criminal matters or matters involving «truly penal consequences.»

As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on the particular facts of that case, and nothing more.»

A statutory deemed trust under provincial legislation such as the PBA continues to apply in federally ‑ regulated CCAA proceedings, subject to the doctrine of federal paramountcy.

This question is not resolved by the court in this case, and it appears that at least for the time being, the prosecution will be subject to a lower standard of disclosure in quasi-criminal proceedings than in criminal proceedings, notwithstanding that proceedings under each regime may impose similar if not identical punishments on those convicted.

«The criminal rules working committee will proceed with the final subject areas in accordance with its mandate under the Rules of Court Project, but we thought it important to make the legal community aware of the settled policy positions in connection with challenge for cause proceedings even though it may take some time for the positions to be implemented in rule form.»

This appeal considered whether, in proceedings for judicial review of the legality of a search warrant issued ex parte, it is permissible for the High Court to have regard to evidence that is not disclosed to the subject of the warrant, and if so, whether the same applies to judicial review proceedings regarding the legality of an order made inter parties for retention of unlawfully seized material under the Criminal Justice and Police Act 2001, s 59.

Under the proposals the Legal Services Commission would be authorised by the Lord Chancellor to fund legal help, help at court and legal representation in circumstances where the proceedings are of overwhelming importance to the person whose health or welfare is the subject of the proceedings, and where the Court of Protection has ordered or is likely to order an oral hearing at which it will be necessary for the applicant for funding to be legally represented.

Learned senior counsel placed reliance on paragraph 26 - 011 of Chitty on Contracts 28th Edition and would submit that the order passed by learned single Judge on 9/9/09 in petition under Section 9 can estop the claimant only if there was a final and conclusive judgment on merits by a Court of competent jurisdiction, there was identity of the parties and subject matter in the two sets of proceedings.

Liberty reserves the rights to arrange for representation at any Inquest or Fatal Inquiry in respect of any death which may be the subject of indemnity under this Plan and undertake the defense of proceedings in any Court of Law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this Plan

The Company may at its own option (A) arrange for representation at any Inquest or Fatal Inquiry in respect of any death which may be the subject of indemnity under this Section and (B) may undertake the defense of proceedings in any Court of Law in respect of any act or alleged offence causing or relating to any event which may be the subject of indemnity under this Section.

to provide that assessment to a party or parties to the proceedings (subject to an order under s136F of the NTA).

(5AA) Subject to this Part and to section 111AA, the Federal Circuit Court of Australia has, and is taken always to have had, jurisdiction with respect to matters arising under this Act in respect of which matrimonial causes (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4 (1)-RRB- are instituted under this Act.

(1A) Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4 (1)-RRB- may be instituted under this Act in the Federal Circuit Court of Australia.

(2) Subject to section 67L, a court having jurisdiction under this Part or section 111CX, or exercising jurisdiction in proceedings arising under regulations made for the purposes of Part XIIIAA, may make a Commonwealth information order if it is satisfied that information about the child's location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned.

(2) Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4 (1)-RRB- may be instituted under this Act in a Court of summary jurisdiction of a State or Territory.

(2) Subject to subsection (5) and section 69K, jurisdiction is conferred on each court of summary jurisdiction of each Territory in relation to matters arising under this Part (other than proceedings for leave under section 60G).

(1) Subject to subsection (5), each court of summary jurisdiction of each State is invested with federal jurisdiction in relation to matters arising under this Part (other than proceedings for leave under section 60G).

All contracts, options, or other devices not based upon a substantial consideration, or that are otherwise employed to permit an unlicensed person to sell, lease, or let real estate, the beneficial title to which has not, in good faith, passed to such party for a substantial consideration, are hereby declared void and ineffective in all cases, suits, or proceedings had or taken under this chapter; however, this section shall not apply to irrevocable gifts, to unconditional contracts to purchase, or to options based upon a substantial consideration actually paid and not subject to any agreements to return or right of return reserved.»

Like the criminal offences under the Act, reviewable matters are also investigated by the Bureau, may result in proceedings initiated by the Bureau or private parties in certain cases with leave from the Competition Tribunal, are generally heard before the Competition Tribunal (and in some cases in provincial or Federal Court) and are subject to a variety of potential remedial orders or monetary penalties.

(iv) is the subject of an investigation or discipline proceedings under real estate, insurance, mortgage broker or securities legislation, or by a professional body, in British Columbia or another jurisdiction;

the controlling individual is subject to discipline proceedings and other regulatory enforcement under Part 4 of the Act in relation to that conduct as if the controlling individual had committed the conduct.

the personal real estate corporation is subject to discipline proceedings and other regulatory enforcement under Part 4 of the Act in relation to that conduct as if the personal real estate corporation had committed the conduct.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

* The separation of arbitration proceedings from proceedings under the Code of Ethics should not be construed as precluding consideration by the Hearing Panel of all factors, including the propriety of the conduct of the parties, relevant to the dispute which is the subject of the arbitration.