RACING APPEALS TRIBUNAL
|
|
- Valentine Arnold
- 6 years ago
- Views:
Transcription
1 RACING APPEALS TRIBUNAL NEW SOUTH WALES TRIBUNAL: MR D. B. ARMATI 19 MAY 2017 Ex Tempore Decision APPEAL OF MRS JEANETTE FOLEY 1
2 BREACH OF RULE 83(2)(a) OF GREYHOUND RACING RULES RE: APPLICATION TO WITHDRAW APPEAL ORDERS: 1. Leave given to withdraw appeal without conditions 2. Appeal deposit forfeited Application for leave to withdraw appeal 1. After evidence and submissions on a severity appeal, and prior to the Tribunal issuing a decision in the appeal, an application has been made by the Appellant to withdraw the appeal. The basis of that application is that the Tribunal has indicated to the Appellant, for the first time, that it considers the decision appealed against to have been too lenient. 2. The history, briefly, is that on 11 May, in submissions, the Respondent foreshadowed it would seek a heavier penalty. In doing so, it said that the stewards penalty was inadequate and that it is open to the Tribunal to determine for itself a penalty which is greater than that which the stewards considered appropriate. No facts or reasons were given in that 11 May document to indicate why that would be so. It was suggested, consistent with the type of terminology that is not uncommon, that a Parker direction would be sought. Nothing was put on in response to that; nor did it have to be. 2
3 3. At the commencement of this hearing, issues were taken about the capacity to deal with such an issue under the terms of a Parker direction. The Tribunal indicated that it was considering penalty for itself; but, on the facts then available to it, it was not so informed as to give such a consideration, that is, an indication before the evidence commenced that a heavier penalty might arise. 4. The matter took its ordinary course. The evidence was produced and the submissions made. The evidence comprised that which was before the stewards. There is no fresh evidence. There is no fresh evidence, therefore, which is relevant to the decision of the Tribunal to indicate a possible different conclusion unfavourable to the Appellant. 5. The case has involved its preparation by both parties and by the Tribunal to date that, since 11 May, the Tribunal will take facts as necessary; but, for the purpose of considering its powers, it is apparent that costs have been incurred. 6. In respect of an appeal, the Tribunal may, under section 17A of the Racing Appeals Tribunal Act, dismiss it, confirm it, or vary it, or, under section 17A(1)(c), "make such other order in relation to the disposal of the appeal as the Tribunal thinks fit." Different terminology is then embraced in the Racing Appeals Tribunal Regulation. There are two relevant provisions. The first is clause 15, which is in the following terms: 15. An appeal duly lodged may not be withdrawn except with the leave of the Tribunal. In granting such leave, the Tribunal may impose such conditions as to the payment of costs or otherwise as it thinks fit. The second is clause 19, subclause (1) of which provides: (1) On determining an appeal, the Tribunal may order that a party to the appeal pay all or a specified part of the costs (2) The Tribunal must not make an order under subclause (1) unless the Tribunal decides: 3
4 (a) the appeal is vexatious or frivolous, or (b) a party has caused unreasonable delay in the conduct of the appeal, or (c) a party has caused another party unreasonable cost by the manner in which the appeal has been conducted. 7. Firstly, should leave be granted at this stage of the proceedings in the absence of any additional evidence? 8. The Tribunal notes that, up until this point of the proceedings, no indication has been given by the Tribunal to the Appellant that a more substantial order is possible. The Respondent did not identify specific factual circumstances upon which the Appellant could reflect which might fall into the category of matters that could lead to the Tribunal determining a heavier penalty. That is not unusual because such a need has not arisen in the past. Whilst the Appellant has been on notice, that notice has now been subsumed, so far as the principle of whether the severity appeal should be able to be withdrawn, by the fact that the proceedings have reached the stage they have now. 9. The Tribunal is satisfied that there is nothing prejudicial to the Respondent by the fact that this application is made some 2½ hours after commencement of this appeal, without any apparent difference from what might have happened at the commencement of the hearing and what is sought to be the conclusion at the end of the hearing, or that it is in any way disadvantaged, or that the Appellant has been advantaged in respect of this application made at this stage. 10. The Tribunal is satisfied the application has been made at the first available opportunity when it s need was apparent. The fact that the whole of the appeal process has been gone through might be seen to make it an inappropriate time to so advantage an Appellant. But that would not seem, in a civil disciplinary sporting body where the Tribunal is set up to provide aggrieved licensed persons with an opportunity to air that grievance before an independent body, and not being a court of law, that such an approach would not accord with a principle of fairness. 4
5 11. Accordingly, the issue is: If leave is to be granted to withdraw the appeal, should it be conditional? That requires consideration of an enlivened costs application. The Tribunal is satisfied that a combination of clauses 15 and 19 of the regulation provides a clear delineation between withdrawal prior to determination and the conclusion of an appeal by its determination. 12. Is any difference to be found by consideration of section 17A of the Act? That does not use the terminology, as the Tribunal foreshadowed, of, "on determining an appeal" that 17A(1) (a), (b) and (c) are enlivened. However, it is apparent that the powers to dismiss an appeal, or confirm or vary it, and to make other orders, are consistent with the types of powers that are made on the conclusion of an appeal, and not that might arise if an appeal was not heard at all. 13. The Tribunal considers that the totality of the legislative provisions put in place by Parliament are that there is a distinction between withdrawal before determination and conclusion of a matter on determination.that the provisions of 17A(1) (c) are only enlivened on determination, and those are powers that enable a Tribunal to make an order, having considered the matter, that might not just be a dismissal or a confirmation or variation, but something else. In Vallender, for example, a harness racing case of 2011 in which the Tribunal returned a matter to the regulatory body for further consideration, exercising its section 17A(1)(c) powers, and as a concluded order. 14. In those circumstances, the question then becomes: Should a costs order be made under clause 15? And, if it is to be made, is the withdrawal to be conditioned on it, or otherwise. I need to deal with that determination. 15. The issue is this: Should an order for costs be imposed as a condition of leave to grant withdrawal of the appeal? If such an order is to be made, the issue of quantum can then be looked at. The test is silent. It simply says an order for costs can be made. 16. The Tribunal, for the reasons just expressed, considers that the section 19(2) limitations are statutorily put in place purely to deal with a determination of the appeal under section 19(1). 5
6 Accordingly, the tests of vexatious, frivolous, unreasonable delay, or the occasioning of unreasonable costs, are not enlivened. 17. That takes the matter back to whether a successful party is entitled, absent disqualifying conduct, to its costs, as Justice Beech-Jones found in McCarthy v Harness Racing and the Racing Appeals Tribunal. 18. The Tribunal considers that at this point the matter of withdrawal could not have been determined unless the Tribunal itself had given some indication to the Appellant that a likely outcome was a disadvantage order so far as the Appellant is concerned. Putting the Appellant on notice has a very strong factor. Nothing has arisen which, in the Tribunal's opinion, would have informed the Appellant that things were not going her way, either before the hearing started or since it started, that would have caused her on advice, naturally to have considered withdrawing the appeal at an earlier stage. 19. Therefore, there has been no disadvantage to the Respondent so far as its preparation costs are concerned. The issue is whether the costs of some nearly three hours occasioned by this hearing should be passed on. That would enliven a first occasion on which that power has been exercised. Other Appellants have not had the benefit of the views of the Tribunal on such a matter in the past under this clause, in these circumstances, such as they would know a likely outcome is that if they seek to withdraw at a stage such this there would be consequences. There is nothing entitling or disentitling; there is nothing prejudicial about the conduct of either party which, in this Tribunal's opinion, should cause an enlivening of the costs order under those tests. 20. Is it that the Respondent, under the McCarthy principle, is otherwise entitled to the success of its proceedings, absent any disentitling conduct? That is never an easy determination. It is not one which the Tribunal finds favourable. In all the facts and circumstances of this matter, the aspect of success or otherwise is apparent, and there has been no disentitling conduct. The costs are limited to a few hours. 6
7 21. In the exercise of a discretion, which in other jurisdictions would be called a judicial discretion, the Tribunal sees that the facts of this case do not justify a costs order against the Appellant of the limited type that has been identified. 22. Accordingly, the Tribunal gives the Appellant leave to withdraw the appeal without conditions. 23. The appeal deposit is forfeited. 7
AUSTRALIAN WEIGHTLIFTING FEDERATION LIMITED
AUSTRALIAN WEIGHTLIFTING FEDERATION LIMITED BY-LAW 1 APPEALS This By-law is made by the Australian Weightlifting Federation (AWF) Board under Clause 7.2 of the AWF Constitution. It is binding on AWF and
More informationDISCIPLINARY PROCEDURE
1 DISCIPLINARY PROCEDURE 1. General 1.1 This is the disciplinary procedure ( Disciplinary Procedure, or Procedure ) and relative regulations ( Regulations ) of The British Association of Snowsport Instructors
More informationApprenticeship and Traineeship Regulation 2010
New South Wales Apprenticeship and Traineeship Regulation 2010 under the Apprenticeship and Traineeship Act 2001 Her Excellency the Governor, with the advice of the Executive Council, has made the following
More informationRPT-G6. Mobile Homes guidance
Mobile Homes guidance Version 1.5 November 2015 Content RPT-G6 Part 1 Introduction Part 2 Applications to the Tribunal Part 3 How to apply Part 4 Procedures following application Part 5 Inspections and
More informationENGLAND GOLF DISCIPLINARY AND APPEAL REGULATIONS (Including appeals from Clubs and Counties)
ENGLAND GOLF DISCIPLINARY AND APPEAL REGULATIONS (Including appeals from Clubs and Counties) 1 INTRODUCTION 1.1 These disciplinary regulations (the Regulations ) are made pursuant to the powers of England
More informationCONSTITUTION OF BOXING AUSTRALIA
CONSTITUTION OF BOXING AUSTRALIA Amended on 5th April 2017 2 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions In this Constitution, unless the context otherwise requires: AIBA means the International
More informationORDINANCE XVII DISMISSAL AND REMOVAL FROM OFFICE OF ACADEMIC STAFF: TRIBUNAL AND APPEALS PROCEDURES
ORDINANCE XVII DISMISSAL AND REMOVAL FROM OFFICE OF ACADEMIC STAFF: TRIBUNAL AND APPEALS PROCEDURES Preamble Statute 21 requires that procedures be defined by Ordinance in relation to: A. Part III: Paragraphs
More informationSTARTING UP. Constitution of a Charitable Incorporated Organisation with voting members other than its charity trustees
STARTING UP Constitution of a Charitable Incorporated Organisation with voting members other than its charity trustees The Charity Commission The Charity Commission is the independent regulator of charities
More informationBWF JUDICIAL PROCEDURES
SECTION 1 GENERAL In all processes of the Federation the basic principles of natural justice specified in Clause 32 of the Constitution shall be adhered to. These are: The judicial bodies of the Federation
More informationDisciplinary & Dispute Resolution Procedures
Disciplinary & Dispute Resolution Procedures RCSA, PO Box 18028, Collins Street East, Victoria 8003 Australia T: +61 3 9663 0555 F: +61 3 9663 5099 E: ethics@rcsa.com.au www.rcsa.com.au ABN 41 078 60 6
More informationNATIONAL UNIVERSITY OF SINGAPORE REGULATION 10 DISCIPLINE WITH RESPECT TO STUDENTS
NATIONAL UNIVERSITY OF SINGAPORE REGULATION 10 DISCIPLINE WITH RESPECT TO STUDENTS (A) CLASSIFICATION OF OFFENCES GIVING RISE TO DISCIPLINARY PROCEEDINGS AND PROCEDURES FOR INITIATING DISCIPLINARY PROCEEDINGS
More informationSPECULATIVE FEE AGREEMENT
SPECULATIVE FEE AGREEMENT 1. Definitions. In this agreement, the following expressions have the meanings respectively assigned to them: 1.1 the senior counsel means Anthony Morris Q.C. of T. J. Ryan Chambers,
More informationPort Adelaide District Hockey Club Inc. Constitution
Port Adelaide District Hockey Club Inc Constitution Table of Contents Constitution 1 NAME...4 2 DEFINITIONS...4 3 OBJECTS OR PURPOSES OF THE CLUB...4 4 POWERS OF THE CLUB...4 5 MEMBERSHIP...5 5.1 Admission
More informationCHARTER 1. PREAMBLE. 1.4 This Charter can only be amended by a three quarters majority vote of the Council. 2. PURPOSES AND AIMS OF IACS
CHARTER Adopted at a meeting of Council on 27 October 2009 2009 Rev 1: clarification in 4.13 and in Annex 3, 1.2 adopted by correspondence 15 August 2011; also references to QSCS transition period deleted.
More informationOMBUDSMAN BILL, 2017
Arrangement of Sections Section PART I - PRELIMINARY 3 1. Short title...3 2. Interpretation...3 3. Application of Act...4 PART II OFFICE OF OMBUDSMAN 5 ESTABLISHMENT AND FUNCTIONS OF OFFICE OF OMBUDSMAN
More informationEthnic Relations Commission Tribunal Cap.38:02 3
Ethnic Relations Commission Tribunal Cap.38:02 3 CHAPTER 38:02 ETHNIC RELATIONS COMMISSION TRIBUNAL ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Establishment of the Ethnic Relations Commission
More information13 Procedural Rules for Fast Track Proceedings
13 Procedural Rules for Fast Track Proceedings 13.1 General 13.1.1 Fast Track Proceedings shall proceed according to the provisions of this Protocol, including the general procedural rules at Section 10
More informationDisciplinary Policy of Indian Institute of Insolvency Professionals of ICAI
Disciplinary Policy of Indian Institute of Insolvency Professionals of ICAI Contents 1. Preamble 2. Objective 3. Making a Complaint 4. Initial Assessment 5. Show Cause Notice to the Party 7. Rights and
More informationTHE EDUCATIONAL TRIBUNALS BILL, 2010
TO BE INTRODUCED IN LOK SABHA CLAUSES THE EDUCATIONAL TRIBUNALS BILL, 2010 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 2. Applicability of Act. 3. Definitions.
More informationPARLIAMENT OF VICTORIA. Mineral Resources (Sustainable Development) Amendment Bill 2012
PARLIAMENT OF VICTORIA Mineral Resources (Sustainable Development) Amendment Bill 12 TABLE OF PROVISIONS Clause Page 1 Purpose 1 2 Commencement 2 3 Principal Act 3 4 Power to enter 3 Power to give directions
More informationTHE BANKING OMBUDSMAN SCHEME 2006 (including May 24, 2007 Amendments) NOTIFICATION. Ref.RPCD.BOS.No. 441 / / December 26, 2005
THE BANKING OMBUDSMAN SCHEME 2006 (including May 24, 2007 Amendments) NOTIFICATION Ref.RPCD.BOS.No. 441 /13.01.01/2005-06 December 26, 2005 In exercise of the powers conferred by Section 35A of the Banking
More informationAboriginal Land Rights Amendment Act 2014 No 75
New South Wales Aboriginal Land Rights Amendment Act 2014 No 75 Contents Page 1 Name of Act 2 2 Commencement 2 3 New South Wales Aboriginal Land Rights Amendment Act 2014 No 75 Act No 75, 2014 An Act to
More informationJudicial. Judicial (C) General. Disciplinary Officer. Penalties
Judicial (C) Judicial Page 67 General 67 Penalties 70 Technical Eligibility Checking 70 Fuel and Tyre Checking 71 Protests 72 Appeals 73 The National Court General 1.1. Each of the following is a breach
More informationApril Rules of the Victorian TAFE Association Inc.
April 2017 Rules of the Victorian TAFE Association Inc. Table of Contents NAME... 4 INTERPRETATION... 4 STATEMENT OF PURPOSES... 5 MEMBERSHIP... 6 APPLICATION FOR MEMBERSHIP - PRINCIPAL MEMBERS... 7 APPLICATION
More informationCONSTITUTION THE AMATEUR DIVISION THE AUSTRALIAN QUARTER HORSE ASSOCIATION FEBRUARY 2008
CONSTITUTION OF THE AMATEUR DIVISION OF THE AUSTRALIAN QUARTER HORSE ASSOCIATION FEBRUARY 2008 CONSTITUTION OF THE AMATEUR DIVISION OF THE AUSTRALIAN QUARTER HORSE ASSOCIATION 1 DEFINITIONS AND INTERPRETATIONS
More information4 YEARLY REVIEW OF MODERN AWARDS
4 YEARLY REVIEW OF MODERN AWARDS Further Submission Plain Language Re-Drafting Cleaning Services Award 2010 (AM2016/15) 24 July 2018 4 YEARLY REVIEW OF MODERN AWARDS AM2016/15 PLAIN LANGUAGE RE DRAFTING
More informationBEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL. Decision No: [2013] NZIACDT 28. Reference No: IACDT 027/11
BEFORE THE IMMIGRATION ADVISERS COMPLAINTS AND DISCIPLINARY TRIBUNAL Decision No: [2013] NZIACDT 28 Reference No: IACDT 027/11 IN THE MATTER of a referral under s 48 of the Immigration Advisers Licensing
More informationCONSTITUTION AUSTRALIAN FENCING FEDERATION LIMITED
CONSTITUTION AUSTRALIAN FENCING FEDERATION LIMITED Australian Fencing Federation Limited Constitution 2015 1 Contents 1 Definitions and Interpretations... 3 2 Objects... 6 3 Powers... 7 4 Income and Property
More informationThe Administrative Judge and Environmental Law Report to the Questionnaire Maltese Jurisdiction Cartagena Congress (2013)
The Administrative Judge and Environmental Law Report to the Questionnaire Maltese Jurisdiction Cartagena Congress (2013) I. Sources of Maltese Environmental Law 1a) National Sources of environmental law:
More informationThe Patent Regulation Board and The Trade Mark Regulation Board. Disciplinary Procedure Rules
The Patent Regulation Board and The Trade Mark Regulation Board Disciplinary Procedure Rules The Patent Regulation Board of the Chartered Institute of Patent Attorneys and the Trade Mark Regulation Board
More informationCONSTITUTION BOXING QUEENSLAND
CONSTITUTION of BOXING QUEENSLAND 1. DEFINITION AND INTERPRETATION 1.1 Definitions 2 In this Constitution, unless the context otherwise requires: Act means Associations Incorporations Act 1981 (Qld), as
More informationAssociation of Cricket Umpires & Scorers(Hong Kong, China) Constitution
Association of Cricket Umpires & Scorers(Hong Kong, China) Constitution The content of this document comprises the constitution of the Association of Cricket Umpires & Scorers (Hong Kong, China) (the Constitution
More informationAustralian Dragon Boat Federation Constitution
Australian Government Australian Sports Commission Australian Dragon Boat Federation Constitution 1 Contents 1. Definitions and Interpretations... 7 1.1 Definitions... 7 1.2 Interpretation... 8 1.3 Corporations
More informationRegulatory enforcement proceedings
Regulatory enforcement proceedings The aim of this note is to give practical guidance on the likely course of enforcement proceedings instituted by the FCA. Set out below is an overview of the process.
More informationLiquor Amendment (3 Strikes) Act 2011 No 58
New South Wales Liquor Amendment (3 Strikes) Act 2011 No 58 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Liquor Act 2007 No 90 3 New South Wales Liquor Amendment (3 Strikes) Act
More informationWork Permit Appeal Tribunal. Homepage
Work Permit Appeal Tribunal Homepage Welcome to the website for the Work Permit Appeal Tribunal in the Isle of Man. This Website is provided by the General Registry to give general guidance only in relation
More informationNEW SOUTH WALES CRICKET UMPIRES AND SCORERS ASSOCIATION INC.
1 NEW SOUTH WALES CRICKET UMPIRES AND SCORERS ASSOCIATION INC. CONSTITUTION CONTENTS 1. NAME...5 2. OBJECTS...5 3. POWERS OF THE ASSOCIATION...6 4. APPLICATION OF INCOME...6 5. ADDITION ALTERATION OR AMENDMENT...7
More informationLOCAL RULES OF HARNESS RACING NSW EFFECTIVE 1 SEPTEMBER 2012 AND UPDATED 1 MAY 2016
LOCAL RULES OF HARNESS RACING NSW EFFECTIVE 1 SEPTEMBER 2012 AND UPDATED 1 MAY 2016 Definitions AHRR means Australian Harness Racing Rule; and NSWLR means Local Rule of Harness Racing New South Wales including
More informationThe Intellectual Property Regulation Board (incorporating The Patent Regulation Board and the Trade Mark Regulation Board)
The Intellectual Property Regulation Board (incorporating The Patent Regulation Board and the Trade Mark Regulation Board) Final Draft Disciplinary Procedure Rules The Patent Regulation Board of the Chartered
More informationWasted Costs and Unreasonable Costs
MR MICHAEL CLEMENTS PRESIDENT OF THE FIRST-TIER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER Presidential Guidance Note No 1 of 2015: Wasted Costs and Unreasonable Costs 1) The Procedure Rules introduced last
More informationStatus: This is the original version (as it was originally enacted). ELIZABETH II c. 19. Employment Act CHAPTER 19 PART I TRADE UNIONS
ELIZABETH II c. 19 Employment Act 1988 1988 CHAPTER 19 An Act to make provision with respect to trade unions, their members and their property, to things done for the purpose of enforcing membership of
More informationCivil and Administrative Tribunal New South Wales
Civil and Administrative Tribunal New South Wales Case Name: Kursun v Gareffa (No 2) Medium Neutral Citation: Hearing Date(s): [2017] NSWCAT On the papers Date of Orders: 4 April 2017 Date of Decision:
More informationINTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES. Eco Oro Minerals Corp. Republic of Colombia. (ICSID Case No.
INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES Eco Oro Minerals Corp. v. Claimant Republic of Colombia Respondent PROCEDURAL ORDER No. 2 DECISION ON BIFURCATION Members of the Tribunal Mrs.
More informationCONSUMER CLAIMS TRIBUNALS ACT 1987 No. 206
CONSUMER CLAIMS TRIBUNALS ACT 1987 No. 206 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Definitions PART 1 PRELIMINARY PART 2 CONSUMER CLAIMS TRIBUNALS 4. Appointment of referees
More informationConstitution Australian National Street Machine Association Inc.
Constitution Australian National Street Machine Association Inc. Under the Associations Incorporation Act 2009 Adoption of this Constitution This Constitution, adopted at the Annual General meeting of
More informationCONSTITUTION OF THE BEDFORDVIEW COUNTRY CLUB
CONSTITUTION OF THE BEDFORDVIEW COUNTRY CLUB With amendments up to and including the 2007 AGM. This Constitution supersedes any previous constitution and shall be subject to such amendments as may be made
More informationCODE OF CONDUCT. and REGULATIONS FOR DEALING WITH COMPLAINTS
CODE OF CONDUCT and REGULATIONS FOR DEALING WITH COMPLAINTS Baptist Churches of South Australia : CODE OF CONDUCT CODE OF CONDUCT Baptist Churches of South Australia : CODE OF CONDUCT CONTENTS 1. Definitions...
More informationEmployment Special Interest Group
Employment law: the convenient jurisdiction to bring equal pay claims - the High Court or County Court on the one hand or the Employment Tribunal on the other hand? Jonathan Owen Introduction 1. On 24
More informationThe Employment Law Changes Introduced on 6 April 2012
The Employment Law Changes Introduced on 6 April 2012 1) April is normally a time for change in employment law and this April was no exception. On 6 April some significant procedural changes and amendments
More informationINDUSTRIAL COURT ACT
INDUSTRIAL COURT ACT Act 68 of 1973 24 December 1973 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Establishment of Industrial Court 4. Staff 5. Informal powers 6. Sitting of Court 7. Institution
More informationComplaint Handling and Resolution Policy. Section 1 - Purpose and Context
Complaint Handling and Resolution Policy Section 1 - Purpose and Context (1) NOTE: A revised version of this policy is currently under development. Any questions relating to processes within this policy
More informationRoad Transport (General) Regulation 2005
New South Wales Road Transport (General) Regulation 2005 under the Road Transport (General) Act 2005 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation
More informationIN THE EMPLOYMENT RELATIONS AUTHORITY AUCKLAND [2018] NZERA Auckland BETWEEN
IN THE EMPLOYMENT RELATIONS AUTHORITY AUCKLAND [2018] NZERA Auckland 250 3033038 BETWEEN A N D AND R Applicant A First Respondent C Second Respondent Member of Authority: Representatives: Rachel Larmer
More informationThe Agri-Food Act, 2004
1 AGRI-FOOD, 2004 c. A-15.21 The Agri-Food Act, 2004 being Chapter A-15.21 of The Statutes of Saskatchewan, 2004 (effective October 8, 2004) as amended by the Statutes of Sasktchewan, 2010, c.1; 2013,
More informationLAW REGULATING ISLAMIC FINANCIAL BUSINESS DIFC LAW No.13 of 2004
Appendix 4 In this appendix underlining indicates proposed new text and striking through indicates deleted text. In some cases this appendix highlights (by footnotes) amendments to the text that were previously
More informationBEFORE THE APPEALS COUNCIL OF THE NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS
BEFORE THE APPEALS COUNCIL OF THE NEW ZEALAND INSTITUTE OF CHARTERED ACCOUNTANTS IN THE MATTER OF a n appeal against a determination of the Disciplinary Tribunal of the New Zealand Institute of Chartered
More informationSENATE NOMINEE ELECTION BILL. No. 60. An Act to provide for the Election of Saskatchewan Senate Nominees TABLE OF CONTENTS
1 BILL No. 60 An Act to provide for the Election of Saskatchewan Senate Nominees TABLE OF CONTENTS PART I Preliminary Matters 1 Short title 2 Interpretation PART II Senate Nominees List 3 Senate nominees
More informationIMPRESS CIArb Arbitration Scheme Guidance
IMPRESS CIArb Arbitration Scheme Guidance What is the IMPRESS/CIArb Arbitration Scheme? IMPRESS and the Chartered Institute of Arbitrators (CIArb) have developed an Arbitration Scheme, as a means of resolving
More informationBY-LAWS OF THE NSW CRICKET ASSOCIATION
BY-LAWS OF THE NSW CRICKET ASSOCIATION 4.2 Code of Conduct No person bound by this Code of Conduct shall engage in disorderly or improper conduct or behaviour. A person who engages in disorderly or improper
More informationRules for Disciplinary Procedures Season 2017
Rules for Disciplinary Procedures Season 2017 (As at 17 th Feb 2017) 1 GENERAL PROVISIONS... 3 1.1 JURISDICTION... 4 1.2 POWERS OF ADJOURNMENT AND ATTENDANCE OF CITED PARTY.. 4 1.3 POWERS OF COMMITTEES..
More informationChild Protection (Offenders Prohibition Orders) Act 2004 No 46
New South Wales Child Protection (Offenders Prohibition Orders) Act 2004 No 46 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Child protection prohibition orders
More informationto buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use;
COMPANY LIMITED BY GUARANTEE Memorandum of Association of Wotton Arts Project 1 The company's name is Wotton Arts Project (and in this document it is called the Charity). 2 The Charity's registered office
More informationGOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$11.60 WINDHOEK - 26 June 2012 No. 4973
GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA N$11.60 WINDHOEK - 26 June 2012 No. 4973 CONTENTS Page GOVERNMENT NOTICE No. 156 Promulgation of Property Valuers Profession Act, 2012 (Act No. 7 of 2012),
More informationINFORMATION BULLETIN
INFORMATION BULLETIN #25 REVIEW OF ARBITRATIONS - TRANSITIONAL I. INTRODUCTION Most collective agreements provide for grievance arbitration as the method for resolving disputes over the meaning or application
More informationCONSITUTION OF JINGILI BMX CLUB. The name of the incorporated association shall be JINGILI BMX CLUB Incorporated hereinafter referred to as the club.
1 Name CONSITUTION OF JINGILI BMX CLUB The name of the incorporated association shall be JINGILI BMX CLUB Incorporated hereinafter referred to as the club. 2 Objects and purposes The objects and purposes
More informationLord Howe Island Amendment Act 2004 No 12
New South Wales Lord Howe Island Amendment Act 2004 No 12 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Lord Howe Island Act 1953 No 39 2 4 Amendment of Land and Environment Court Act 1979
More informationEmployment Bill [HL]
Employment Bill [HL] EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Department for Business, Enterprise and Regulatory Reform, are published separately as HL Bill 13 EN. EUROPEAN CONVENTION
More informationACT. (Signed by the President on 9 June 2012) ARRANGEMENT OF SECTIONS PART I INTRODUCTORY PROVISIONS
(GG 4973) This Act has been passed by Parliament, but it has not yet been brought into force. It will come into force on a date set by the Minister in the Government Gazette. ACT To provide for the establishment
More informationCONSTITUTION SPORTS TAEKWONDO AUSTRALIA LIMITED
CONSTITUTION SPORTS TAEKWONDO AUSTRALIA LIMITED Adopted: 15 November 2013 Registered: 7 January 2014 Amended: 18 August 2014 1 Contents DEFINITIONS AND INTERPRETATIONS... 6 1.1 Definitions... 6 1.2 Interpretation...
More informationBY LAWS DANCESPORT AUSTRALIA LIMITED (ABN )
BY LAWS OF DANCESPORT AUSTRALIA LIMITED (ABN 72 085 929 835) Table of Contents Section Page SECTION 1. GENERAL 1 SECTION 2. BRANCH BOARD MEETINGS 1 SECTION 3. BRANCH GENERAL MEETINGS 2 SECTION 4. BRANCH
More informationThe Securities Laws (Amendment) Ordinance, 2004
The Securities Laws (Amendment) Ordinance, 2004 Promulgated by the President in the Fifty-fifth Year of the Republic of India. An Ordinance further to amend the Securities Contracts (Regulation) Act, 1956
More informationBuilt Environment Acts
Built Environment Acts Contents COUNCIL FOR THE BUILT ENVIRONMENT ACTS 43 OF 2000... 4 ARCHITECTURAL PROFESSION ACTS 44 OF 2000... 13 LANDSCAPE ARCHITECTURAL PROFESSION ACTS 45 OF 2000... 29 ENGINEERING
More informationCarmello Tieri. Vittoria Tieri. Melbourne. Deputy President C. Aird. Costs Hearing
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL CIVIL DIVISION DOMESTIC BUILDING LIST VCAT Reference: D307/2004 CATCHWORDS Costs settlement offers s112 of the Victorian Civil and Administrative Tribunal Act
More informationCOURT OF APPEAL RULES 2009
COURT OF APPEAL RULES 2009 Court of Appeal Rules 2009 Arrangement of Rules COURT OF APPEAL RULES 2009 Arrangement of Rules Rule PART I - PRELIMINARY 7 1 Citation and commencement... 7 2 Interpretation....
More informationIN NZ MARKETS DISCIPLINARY TRIBUNAL SUMMARY HEARING PROCEDURE NZMDT 09/2013. the NZ Markets Disciplinary Tribunal Rules
IN NZ MARKETS DISCIPLINARY TRIBUNAL SUMMARY HEARING PROCEDURE NZMDT 09/2013 UNDER the NZ Markets Disciplinary Tribunal Rules IN THE MATTER OF breach of NZSX Listing Rule 10.5.1 BETWEEN NZX LIMITED AND
More informationFriends of Sheet School Constitution
Friends of Sheet School Constitution 1. ASSOCIATION DETAILS 1.1. Association Name Friends of Sheet School. 1.2. Type of Association Parents Association. 1.3. School Name Sheet Primary School, School Lane,
More informationCONSTITUTION OF KANGAROO FLAT BOWLS CLUB Inc.
CONSTITUTION OF KANGAROO FLAT BOWLS CLUB Inc. Adopted 14 th November 2013 TABLE OF CONTENTS PART I PURPOSES, POWERS AND INTERPRETATION... 1 1. NAME... 1 2. INCORPORATION... 1 3. PURPOSES OF ASSOCIATION...
More informationMEMORANDUM OF ASSOCIATION
THE INSTITUTION OF ENVIRONMENTAL SCIENCES MEMORANDUM OF ASSOCIATION (Last amended by special resolution passed 3rd April 2017) 1 The company s name is THE INSTITUTION OF ENVIRONMENTAL SCIENCES LIMITED
More informationCONSTITUTION FATBOYS CYCLING CLUB INC. Rules of an Incorporated Association
CONSTITUTION FATBOYS CYCLING CLUB INC. Rules of an Incorporated Association This is the consolidated version of the Constitution incorporating the amendments passed at e AGM on 8/10/10 Richard Phillips
More informationComplaints procedure A step-by-step procedure to making a complaint about high court enforcement officers (HCEOs)
Complaints procedure A step-by-step procedure to making a complaint about high court enforcement officers (HCEOs) This document explains the procedures that we, the High Court Enforcement Officers Association
More informationGRIEVANCE PROCEDURE BY-LAW TABLE OF CONTENTS
GRIEVANCE PROCEDURE BY-LAW TABLE OF CONTENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. STATUS 2 INTERPRETATION 2 PURPOSE 2 GRIEVANCE PROCEDURE 2 REPEAL OF THE FFA GRIEVANCE RESOLUTION REGULATIONS 3 CONSTITUENT EXCLUSION
More informationTHE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015
1 AS INTRODUCED IN LOK SABHA Bill No. 252 of 2015. THE ARBITRATION AND CONCILIATION (AMENDMENT) BILL, 2015 A BILL to amend the Arbitration and Conciliation Act, 1996. BE it enacted by Parliament in the
More informationCONSTITUTION AUSTRALIAN HANDBALL FEDERATION LTD ACN
CONSTITUTION AUSTRALIAN HANDBALL FEDERATION LTD ACN ii Contents 1. Name... 1 2. Definitions and Interpretations... 1 2.1 Definitions... 1 2.2 Interpretation... 2 2.3 Corporations Act... 3 2.4 Headings...
More information1.1 Explain when it is necessary and appropriate to make an interim application to the court
Title Tactics and costs in Commercial Litigation Level 4 Credit value 7 Learning outcomes The learner will: 1 Understand the procedures for making an interim application to the court Assessment criteria
More informationCONSTITUTION OF FREEMASONS CHARITY YORKSHIRE NORTH & EAST RIDINGS CIO. Charities Act Charitable Incorporated Organisation
CONSTITUTION OF FREEMASONS CHARITY YORKSHIRE NORTH & EAST RIDINGS CIO Charities Act 2011 Charitable Incorporated Organisation Agreed by the applicants 13 October 2016 Incorporating amendments authorised
More informationUNIVERSITIES ACT 1997 UNIVERSITY COLLEGE CORK NATIONAL UNIVERSITY OF IRELAND, CORK. REGULATION on CONDUCT OF GOVERNING BODY BUSINESS
UNIVERSITIES ACT 1997 UNIVERSITY COLLEGE CORK NATIONAL UNIVERSITY OF IRELAND, CORK REGULATION on CONDUCT OF GOVERNING BODY BUSINESS adopted by the Governing Body at its meeting on 20 October 2009 by virtue
More informationArticles of Association for SURVIVORS MANCHESTER
Articles of Association for SURVIVORS MANCHESTER COMPANY NOT HAVING A SHARE CAPITAL Articles of Association for a Charitable Company Articles of Association of SURVIVORS MANCHESTER 1. The company s name
More informationAdvocate for Children and Young People
New South Wales Advocate for Children and Young People Act 2014 No 29 Contents Page Part 1 Part 2 Part 3 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Advocate for Children and Young People
More informationGovernment Information (Public Access) Act 2009
Government Information (Public Access) Act 2009 Does not include amendments by: Sec 132 (5) of this Act (not commenced) Note: Amending provisions are subject to automatic repeal pursuant to sec 30C of
More informationAboriginal Land Rights Regulation 2014
New South Wales Aboriginal Land Rights Regulation 2014 under the Aboriginal Land Rights Act 1983 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation
More informationModel constitution. Under the Associations Incorporation Act About this model constitution. Disclaimer
Model constitution Under the Associations Incorporation Act 2009 About this model constitution The constitution of an incorporated association forms the structure within which the association operates.
More informationConstitution. Women in Insolvency and Restructuring Victoria Incorporated
Constitution Women in Insolvency and Restructuring Victoria Incorporated Contents 1. Name 1 2. Mission 1 3. Purposes 1 4. Interpretation 1 5. Powers of Association 3 6. Not for profit 3 7. Application
More informationBERMUDA 2004 : 32 OMBUDSMAN ACT 2004
BERMUDA 2004 : 32 OMBUDSMAN ACT 2004 Date of Assent: 17 December 2004 Operative Date: 1 May 2005 1 Short title 2 Interpretation 3 Application of the Act 4 Office of Ombudsman 5 Functions and jurisdiction
More informationJUDO FEDERATION OF AUSTRALIA LIMITED CONSTITUTION ASC TEMPLATE VERSION
JUDO FEDERATION OF AUSTRALIA LIMITED CONSTITUTION ASC TEMPLATE VERSION Version 1 January 2017 TABLE OF CONTENTS 1. Name 2. Definitions and interpretations 2.1 Definitions 2.2 Interpretation 2.3 Corporations
More informationARTICLES OF ASSOCIATION*
THE COMPANIES ACTS 1985 TO 2006 COMPANY LIMITED BY GUARANTEE AND NOT HAVING A SHARE CAPITAL ARTICLES OF ASSOCIATION* -OF- PRE-SCHOOL LEARNING ALLIANCE COMPANY NUMBER: 4539003 INCORPORATED THE 18 th SEPTEMBER
More informationQuick Reference to the Companies Act, 71 of 2008 INDEX
Quick Reference to the Companies Act, 71 of 2008 INDEX 1. OVERVIEW 1.1. MEMORANDUM OF INCORPORATION: TO REPLACE CURRENT MEMORANDUM AND ARTICLES OF ASSOCIATION 1.2. CATEGORIES OF COMPANIES 1.3. THE FUTURE
More informationCOMMUNITY WELFARE ACT 1987 No. 52
COMMUNITY WELFARE ACT 1987 No. 52 NEW SOUTH WALES TABLE OF PROVISIONS PART 1 PRELIMINARY 1. Short title 2. Commencement 3. Interpretation 4. Objects of community welfare legislation 5. Delegation PART
More informationPublic Service Act 2004
Public Service Act 2004 SAMOA PUBLIC SERVICE ACT 2004 Arrangement of Provisions PART 1 PRELIMINARY 1. Short title and commencement 2. Objects 3. Interpretation 4. Employer powers exercised on behalf of
More informationINSOL INTERNATIONAL MEDIATION PANEL PRO-FORMA MEDIATION AGREEMENT
INSOL INTERNATIONAL MEDIATION PANEL PRO-FORMA MEDIATION AGREEMENT 1 2 Mediation agreement This agreement is made on between 1) (Party 1) 2) (Party 2) (together the Parties) 3) of (Mediator); and 4) INSOL
More informationComplaints Against Judiciary
Complaints Against Judiciary Law Reform Commission of Western Australia Project 102 Discussion Paper September 2012 To Law Reform Commission of Western Australia Level 3, BGC Centre 28 The Esplanade Perth
More information