58 Sentences With "thinks fit" | Random Sentence Generator

Mario Draghi, the bank's president, stressed that the guidance on both QE and interest rates depends on events, leaving the bank room to change course if it thinks fit.

ASIC said it is asking the court to declare that Rio Tinto broke the Corporations Act, is seeking monetary penalties against Albanese and Elliott and is asking the court to bar them from managing corporations "for such periods as the court thinks fit".

" The company took that a step further and initiated injunction proceedings against the company, The Canada Business Corporations Act states that it "gives a 'complainant' the right to bring a court action against a corporation where conduct has occurred which is oppressive, unfairly prejudicial or which unfairly disregards the interests of a shareholder, creditor, director or officer...The court may make any order it thinks fit, including awarding money damages, appointing a receiver, dissolving the corporation, forcing the acquisition of securities and amending charter documents.

The court may not simply impose the sentence it thinks fit.

CLTPA, s. 41. The advisory committee must submit a written report on the making of the order, with recommendations as it thinks fit, to the President of Singapore, who may cancel or confirm the order.CLTPA, ss. 31(2) and (3).

Article 109 authorizes the Governor of the Province to summon Provincial Assembly to meet at such time and place as he thinks fit. Where the Governor summons Assembly he is authorized to prorogue it too. In addition, the Speaker, on a requisition signed by not less than one-fourth of the total membership of the Provincial Assembly, can summon it, at such time and place as he thinks fit, within fourteen days of the receipt of the requisition. Article 54(3) read with Article 127 also empowers the Speaker to prorogue the session where he summons it.

An order that the defendant undertakes any specified training or any other programme, or implement any specified policy or programme, to enable the defendant to comply with the provisions of the Human Rights Act 1993. Or any other relief that the Tribunal thinks fit.

Therefore, the salvor will be rewarded with special compensation, i.e., liability salvage instead of property salvage. The Convention does not consider saving lives to be part of salvage, but if one vessel saves life and the other saves property, the arbitrator may apportion the salvage reward between them as he thinks fit.

The President is obliged to act on the advice of the Cabinet. It is only when the Cabinet's advice is contrary to the PCRH's views that the President may act in his personal discretion to cancel or confirm the order, having first considered the PCRH's recommendations. In confirming an order, he may make such variations as he thinks fit.

The power of the Court to "make such order as it thinks fit [...] for regulating the future conduct of the affairs of the corporation" is not restricted to an order relating to the pursuance of the objects contained in the corporation's founding statement: i.e. an order relating to the running of the business of the corporation.

A deputy magistrate or deputy special magistrate is assigned by the Chief Justice for such period and on such terms as he or she thinks fit. This makes additional manpower available to the magistrates' courts while also giving eligible persons experience on the bench, before he or she commits to a full-time posting or returns to private practice.

A.), p. 355, para. 31. While the Court found that there was a suggestion that the Registrar could only decide whether to reconsider the ARF imposed on cars if she received Customs' further advice, she nevertheless had not abdicated her power as she could determine the value of vehicles, "after making such enquiries, if any, as [she] thinks fit".Komoco Motors (C.

Such appeals are usually heard by a single judge, although if he or she thinks fit the appeal may be fixed before a court of three judges. In such cases, the appeal is decided according to the opinion of the majority of the judges.SCJA, s. 21(2). If the Court is of the view that the trial judge's decision was correct, it will dismiss the appeal and uphold the decision below.

994 action is that it is completely vague. Courts were therefore capable of interpreting the provisions gradually as they felt would be fair. After hearing a case, a court may make "such order as it thinks fit" under s.996. This wide discretion means that previous case law is not as weighty in precedent, as in other areas of law, since each case will be decided on its particular facts.

Section 10(3) allows the Ombudsman, if he thinks fit, to lay a special report before Parliament if injustice has been caused to the person aggrieved in consequence of maladministration and the injustice has not been, or will not be, remedied. Section 10(4) allows the Ombudsman to lay before Parliament other reports as to his functions from time to time. Annual reports are required to be laid before Parliament.

4) Act of 1931,New Zealand Finance (4) Act 1931 which deleted the explicit values, and allowed the Postmaster-General to issue the stamps "in such denominations as he thinks fit." Two stamps were issued on October 31, 1931. These were again designed by L. C. Mitchell, and are known as the "Red Boy" (denominated as 1d postage plus 1d charity) and "Blue Boy" (2d postage plus 1d charity), collectively known as the "smiling boy" stamps.

The functions of the Board as defined under the Act are: # To promote by such measures as it thinks fit the development of the rubber industry. # Without prejudice to the generality of the foregoing provision the measures referred to therein may provide for: ## undertaking, assisting or encouraging scientific, technological or economic research. ## training students in improved methods of planting, cultivation, manuring and spraying. ## the supply of technical advice to rubber growers ## improving the marketing of rubber.

There is also a legal representative for the Victims Compensation Fund who appears to resist the application. The tribunal is not bound by the rules of evidence and can inform itself in such manner as it thinks fit. The hearings are conducted with as little formality and legal technicality and form as the circumstances of the case permit. Without the consent of the Tribunal, publication of identifying details about witnesses, parties and nominated defendants is not permitted.

Reconciliation in family law is the process by which parties who are legally separated resume their marital relationship and cohabitation. Reconciliation is allowed because separation is revocable; state laws may require "the joint application of the parties, accompanied with satisfactory evidence of their reconciliation ... by the court which rendered it, subject to such regulations and restrictions as the court thinks fit to impose."See, e.g., N.Y. Domestic Relations Law § 203, found at New York State Assembly website, accessed March 17, 2014.

Section 96 (as still effective) provides: :… the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit. The High Court has interpreted "terms and conditions" very broadly. In South Australia v Commonwealth (1942) 65 CLR 373 (the First Uniform Tax case) the scheme for the Commonwealth to take over the income tax field was upheld. The condition imposed by the States Grant Act was that a state not impose its own income tax.

If no objections are made, or the DPEA recommends approval of the draft Compulsory Purchase Order, the Scottish Government, or other confirming authority, can confirm the draft CPO if satisfied all notices (above) have been validly served.Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 Sch 1, para 4(1). The Scottish Government may impose such modifications on the Compulsory Purchase Order as it thinks fit when approving it.Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 Sch 1, para 4(2).

Each member of the panel was required to take an oath that he or she will perform the duties of a member faithfully and fearlessly. The appeal was then run in the manner determined by the chairperson. The tribunal was not bound by the rules of evidence and could obtain information in any way it thinks fit within reason. In reaching a decision on the appeal, the tribunal applied such standards with respect to the objection as it considers to be reasonable in the circumstances.

Section 96 of the Australian Constitution gives the Commonwealth Parliament the power to grant money to any State, "on such terms and conditions as the Parliament thinks fit". In effect, the Commonwealth can make grants subject to States implementing particular policies in their fields of legislative responsibility. Such grants, known as "tied grants" (since they are tied to a particular purpose), have been used to give the federal parliament influence over state policy matters such as public hospitals and schools. The Parliament performs other functions besides legislation.

This latter act was premised on Section 96 of the Australian Constitution Act. Section 96 of the Australian Constitution provides: :… the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit The States Grant Act therefore placed the "term and condition" that states did not tax at all as a pre-requisite to funding. The Income Tax Act 1942, by setting high tax rates (i.e. that would reflect the combined current Commonwealth and State taxes) made imposing current tax rates unattractive or impossible for State governments.

If the President decides to confirm the order, he may make such variations to it as it thinks fit: s. 31(3). The President may, from time to time, extend the validity of any detention order for periods not exceeding 12 months at any one time, and may at any time refer any such orders for further consideration by an advisory committee.CLTPA, s. 38(1). On the recommendation of an advisory committee, the Minister may direct that a detainee be released from day to day to engage in employment, including self-employment.

Section 51 appears to limit the areas of federal involvement. However, under section 96 of the Australian Constitution the Commonwealth Parliament has the power to grant money to any State, "on such terms and conditions as the Parliament thinks fit." In effect, the Commonwealth can make grants subject to States implementing particular policies in their fields of legislative responsibility. Such grants, known as tied grants (since they are tied to a particular purpose), have been used to give the federal parliament influence over state policy matters such as public hospitals and schools.

Deputy Commissioner (popularly abbreviated to "DC") or District Magistrate (জেলা প্রশাসক ও জেলা ম্যাজিস্ট্রেট) is the chief administrative and revenue officer of a district or an administrative sub-unit of a division. According to the Code of Criminal Procedure of Bangladesh, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. The term District Magistrate is used in the Criminal procedure code to denote the principal executive magistrate of the district. However, after 1960, the Deputy Commissioner term came to prominence throughout the country.

Under the principles of stare decisis (judicial precedent), Court of Appeal decisions are binding on the High Court and the State Courts. As Singapore's final appellate court, the Court of Appeal is not required to follow its own previous decisions and the decisions of predecessor courts such as the Supreme Court of the Straits Settlements and the Judicial Committee of the Privy Council, and may depart from or overrule such decisions if it thinks fit. However, it will generally not do so without a strong reason. The Court of Appeal is required, however, to abide by decisions of the Constitution of the Republic of Singapore Tribunal in certain situations.

Accordingly, section 96 of the Constitution provides that the Commonwealth Parliament "may grant financial assistance to any State on such terms and conditions as it thinks fit". One result of this has been that the Commonwealth has been able to make grants to the States on terms so specific as to amount to the virtual takeover of particular fields of competence. For instance, although the Constitution gives the Commonwealth no express power over education, by means of "tied grants" it has in fact become paramount in the field of tertiary education. Although any state has the option to refuse a grant, the consequences of doing so make this unattractive.

In the absence of malice, the Committee is immune from a defamation suit when it discharges its functions under the Presidential Elections Act.PEA, s. 8D. The non-justiciable nature of the PEC's decisions has been criticised as contrary to the rule of law as the PEC is not accountable to any external body and its operations are "less than transparent". If the PEC thinks fit, it may ask an applicant for a COE or his or her referees to provide further information,Presidential Elections (Certificate of Eligibility) Regulations, reg. 6(1)(a). interview the applicant or any referee,Presidential Elections (Certificate of Eligibility) Regulations, reg. 6(1)(b).

The President of Singapore also appoints the members of the Legal Committee (also known as the Fatwa Committee). The relevant provision relating to the Legal Committee is section 31 which states: (1) There shall be a Legal Committee of the Majlis, consisting of — (a) the Mufti; (b) 2 other fit and proper members of the Majlis; and (c) not more than 2 other fit and proper Muslims who are not members of the Majlis. (2) The members of the Legal Committee, other than the Mufti, shall be appointed by the President of Singapore on the advice of the Majlis for such period as he thinks fit. (3) A notification of every such appointment shall be published in the Gazette.

The Heaven described by him is similar to the conventional Christian Heaven, but includes a larger version of all the locations on Earth, as well as of everywhere in the universe (which mention of, albeit as a backdrop, is the last science fiction element). All sentient life-forms travel to Heaven, often through interplanetary or interstellar space, and land at a particular gate (which are without number), which is reserved for people from that originating planet. Each newcomer must then give his name and planet of origin to a gatekeeper, who sends him in to Heaven. Once inside, the person spends eternity living as it thinks fit, usually according to its true (sometimes undiscovered) talent.

When any person apprehends that there is a move to get him arrested on false or trumped-up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438(1) of the code of Criminal Procedure for grant of bail in the event of his arrest for a cognizable or non-cognizable offence, and the court may if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Anticipatory bail can be granted by [Sessions Court] and High Court.

Under article 27 (4) of the Magistrates Courts Act it provides that in any appeal a rule of customary law is in issue or relevant the High Court may refer any question of Customary law to a panel of experts and Also in section 265 of the Criminal Procedure Act 1985 it stipulates that all criminal trials before the court shall be with aid of two or more assessors as the court thinks fit. The divisions of the court are also properly constituted when presided over by a single judge sitting with two assessors; however where both parties to the case agree the judge in the commercial court can hear their case without aid of assessors.

This principle was affirmed by the Court of Appeal case Chng Suan Tze v. Minister for Home Affairs (1988), which applied the principle set out in Khawaja and its departure from the approach taken in Zamir. In the case, the Court examined whether it could review the executive's discretionary power under sections 8 and 10 of the Internal Security Act ("ISA").. Section 8 empowers the Minister for Home Affairs to make an order directing that a person be detained without trial if the President is satisfied that detention is necessary to prevent the person from endangering, among other things, the security or public order of Singapore, while section 10 allows the Minister to suspend detention orders and to revoke suspensions as he or she thinks fit.

Per Article 53, the executive power of the country is vested in the president and is exercised by president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by the president to the governors of states per Article 160. Union cabinet with prime minister as its head, should aid and advice the president in performing his functions. Per Article 74 (2), the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing his duties.

In the 1890s, the establishment of an Australian Federation from the six colonies was debated. One of the points of discussion was the extent that railways would be a federal responsibility. A vote to make it so was lost narrowly, instead the new constitution allows "the acquisition, with the consent of a State, of any railways of the State on terms arranged between the Commonwealth and the State" (Section 51 xxxiii) and "railway construction and extension in any State with the consent of that State" (Section 51 xxxiv). However, the Australian Government is free to provide funding to the states for rail upgrading projects under Section 96 ("the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit").

The pro-democracy camp strongly opposed the bill, saying it was seen a deprivation of the citizens' political rights. As a result of the filibuster, the LegCo carried on multiple overnight debates on the amendments. In the morning of 17 May 2012, the President of the LegCo (Jasper Tsang) terminated the debate, citing Article 92 of the Rules of Procedure of LegCo: In any matter not provided for in these Rules of Procedure, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of other legislatures. In the end, all motions to amend the bill were defeated and the Bill was passed.

If a decision-maker has determined that a particular consideration is relevant to its decision, it is entitled to attribute to it whatever weight it thinks fit, and the courts will not interfere unless it has acted in a Wednesbury-unreasonable manner. This is consistent with the principle that the courts are generally only concerned with the legality of decisions and not their merits. In the United Kingdom, it has been suggested that if the court interprets a statute to impose a duty on a public authority, the resources available to the authority are irrelevant to deciding how the duty should be carried out. Conversely, if the court interprets a statute to confer a discretionary power on a public authority, then resources are a relevant consideration.

Cloture is not defined by any rule or precedent of the Legislative Council. Tsang made reference to Standing Order 92, which stated "In any matter not provided for in these Rules of Procedure, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of other legislatures".Procedure if Rules of Procedure do not Provide The Legislative Council -- Procedures Standing Order 92 therefore may implicitly give Council President discretion on whether he should or should not follow the cloture rules of other legislatures, but this is up to debate. Legislative Council President Tsang chose to end debate without calling for a cloture vote, which is questionable.

In the law of debtor and creditor, appropriation of payments is the application of a particular payment for the purpose of paying a particular debt. When a creditor has two debts due to him from the same debtor on distinct accounts, the general law as to the appropriation of payments made by the debtor is that the debtor is entitled to apply the payments to such account as he thinks fit; solvitur in modum solventis. In default of appropriation by the debtor the creditor is entitled to determine the application of the sums paid, and may appropriate them even to the discharge of debts barred by the Statute of Limitations. In default of appropriation by either debtor or creditor, the law implies an appropriation of the earlier payments to the earlier debts.

The Dai shall reward persons and shall punish them in his discretion. The Dai shall smile upon or shall break his wrath on whomsoever he thinks fit. You shall be pleased in that which Dai is pleased # The person to whom the oath is due enjoins to this effect that if a person on whom it is made obligatory by me to keep faith to the oath openly or secretly breaks it the defaulter is forsaken by God the Creator of the Earth and heavens, the framer of the limbs of the creatures, the conferrer of blessings on him, and the Bestower of health. The breaker of the oath is shut out from the books Tawrat (laws of Moses), Injeel (The Bible), Zaboor (Psalms of David), and the Holy Quran.

Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament complete legislative power over the territories. The extent and terms of the representation of the territories in the House of Representatives and the Senate are also stated as being at the discretion of the Commonwealth Parliament. The precise text of the section is: > The Parliament may make laws for the government of any territory surrendered > by any State to and accepted by the Commonwealth, or of any territory placed > by the Queen under the authority of and accepted by the Commonwealth, or > otherwise acquired by the Commonwealth, and may allow the representation of > such territory in either House of the Parliament to the extent and on the > terms which it thinks fit.

CIB was instrumental in setting up TEAM which is the body to which Eurosceptic groups across the European Union belong. The CIB is non-party-political, non-racist and non-sectarian. Its Constitution states that its objective is: “to campaign for the restoration of full national sovereignty to the UK by its withdrawal from the obligations of the Treaties of European Union and the repeal of the European Communities Act 1972 as amended so that Parliament may legislate freely and the UK may co- operate with other nations as it thinks fit” It is a “broad church” of political opinion but states that it will not tolerate racists or extremists from either side of the political divide and that it rejects any organisation known to be motivated by anti democratic intentions.

Socrates's friend suggests the two of them need to redefine their term if the argument is going to progress, and suggests that a "love of gains" is one who "thinks fit to make gain from, things from which honest men do not dare" (227d). All gain is good, he says, but some gain incurs a "net loss" when it harms the gainer (227e). Socrates reminds his friend they agreed that gain is good, so it can do no harm, and suggests that he is being dishonest with him. The discussion then digresses into a story (228b-229d) about Hipparchus, son of the famous Peisistratos, who became known for his sayings, one of which apparently was "never deceive a friend", which is why Socrates mentions the story as a complaint.

A Jurat who 'in the opinion of the Court, is permanently unable, through physical or mental incapacity, or for any other reason, efficiently to carry out the duties of the office, may be called upon by the Court to resign'. A Jurat who refuses to resign may be removed from office by Order of Her Majesty in Council on the petition of the Superior Number (the Bailiff and five or more Jurats) of the Royal Court.Article 9 of the Royal Court (Jersey) Law 1948 The Bailiff may if he 'thinks fit, terminate the appointment of a Commissioner on the ground of incapacity or misbehaviour'. The Magistrates, who are also appointed by the Bailiff not the Crown, may not be removed from office 'except by virtue of an Order of Her Majesty in Council'.

To qualify under section 8 for appointment to be an adjudicator, a person must: a) be an advocate of the High Court of Kenya with three years of legal experience, or b) be trained as a paralegal at the Kenya School of Law. The court deals with civil cases provided for under section 12 which arise from: a) contracts for sale and supply of goods or services; b) liability in tort arising from loss or damage to any property or for delivery or recovery of movable property; c) compensation for personal injuries; d) set-off or counterclaims under any contract; and e) any other civil matters that written may confer. Though the court’s pecuniary jurisdiction is limited to KES 200,000 (approximately 2,000 USD), Section 12(4) gives the Chief Justice the power to review that limit to any amount he thinks fit via a Gazette notice.

Article 39A of the Constitution of India, provides for equal justice and free legal aid: > The State shall secure that the operation of the legal system promotes > justice, on a basis of equal opportunity, and shall, in particular, provide > free legal aid, by suitable legislation or schemes or in any other way, to > ensure that opportunities for securing justice are not denied to any citizen > by reason of economic or other disabilities. This Article emphasises that free legal service is an inalienable element of 'reasonable, fair and just' procedure, for without it a person suffering from economic or other disabilities would be deprived of the opportunity for securing justice. In the civil side, Order XXXIII. R.18 of the Code of Civil Procedure 1908 provided that the state and central governments may make supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as an indigent person.

Typically, the affidavit grounding the application for an extension will indicate that the examiner is in negotiations with one or more proposed investors and, on that basis, he believes that he will be able to formulate proposals for a scheme of arrangement. Importantly, if, at any stage, the examiner forms the view that the company no longer has a reasonable prospect of survival, he should make an application to the High Court pursuant to section 18(9) of the Companies (Amendment) Act 1990section 18(9) of the Companies (Amendment) Act 1990As inserted by section 22 of the Companies (Amendment) No. 2 Act 1999 for directions and the court may, on such application, give such directions or make whatever order it thinks fit, including an order discharging the examiner, lifting the protection of the court and directing that the company be wound up. Any delay in making any such application may adversely impact on the examiner's subsequent application for payment of his remuneration.

In order to facilitate the disposal of business in the Supreme Court, the President, if he, acting in his discretion, concurs with the advice of the Prime Minister, may appoint a person qualified for appointment as a Judge of the Supreme Court to be a Judicial Commissioner of the Supreme Court for such period or periods as the President thinks fit. A Judicial Commissioner so appointed may, in respect of such class or classes of cases as the Chief Justice may specify, exercise the powers and perform the functions of a Judge of the High Court. Anything done by a Judicial Commissioner when acting in accordance with the terms of his or her appointment shall have the same validity and effect as if done by a Judge of that Court and, in respect thereof, he or she shall have the same powers and enjoy the same immunities as if he or she had been a Judge of that Court.Constitution, Art. 94(4).

It may "make such order as it thinks fit," within the framework of either "regulating the future conduct of the affairs of the corporation" or "the purchase of the interest of any member of the corporation by other members thereof or by the corporation." These, the court noted, are far-reaching powers. One member can be compelled to purchase the interest of another at a fair price, whether he wants to or not.122D-F. There is no reason, the court found, why that portion of section 49 which provides for "regulating the future conduct of the affairs of the corporation" should be interpreted in such a way as to prevent the achievement of the underlying equitable principle of legislation relating to companies and close corporations as well as of the common law relating to co-ownership and partnerships, namely that no co-owner, no partner, no shareholder and no member is normally obliged to remain a co-owner, partner, shareholder or member against his will in circumstances where this is unfair or oppressive to him.

The Act is used largely in cases relating to secret societies, drug trafficking and loansharking. Part V of the Act provides that whenever the Minister for Home Affairs is satisfied that a person, whether at large or in custody, has been associated with activities of a criminal nature, the Minister may, with the consent of the Public Prosecutor, order that the person be detained for any period not exceeding 12 months if he is satisfied that the detention is necessary in the interests of public safety, peace and good order; or order that the person be subject to police supervision for any period not exceeding three years if he is satisfied that this is necessary. Within 28 days of a detention order being made, the Minister must refer the order and a statement of the grounds upon which the order was made to an advisory committee. The advisory committee must submit a written report on the making of the order, with recommendations as it thinks fit, to the President of Singapore, who may cancel or confirm the order.

According to the section-10(6)of the Code of Criminal Procedure(CrPC)1898, members of Bangladesh Civil Service(Administration) Cadre, who are in the capacity of Assistant Commissioner, Upozila Nirbahi Officer(UNO), and Additional Deputy Commissioner(ADC) shall be Executive Magistrates and may exercise the power of Executive Magistrate within their existing respective local areas. Besides this, according to the provision of the section-10(5) of CrPC,1898; The Government may, if it thinks it expedient or necessary, appoint any persons employed in the Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an Executive Magistrate on any such member. Every Administrative District has the following Executive Magistrates: (a) District Magistrate: In every district and in every Metropolitan Area, the Government shall appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (b) Additional District Magistrate (ADM): The Government may also appoint any Executive Magistrate to be an Additional District Magistrate.

The majority cited Justice Holmes's dissenting opinion in Madisonville Traction Co. v. St. Bernard Mining Co.: “The fundamental fact is that eminent domain is a prerogative of the state which, on the one hand, may be exercised in any way that the state thinks fit, and, on the other, may not be exercised except by an authority which the state confers.” The majority, specifically citing Railroad Commission v. Pullman Co., further noted: “We have increasingly recognized the wisdom of staying actions in the federal courts pending determination by a state court of decisive issues of state law.” The majority opinion went on to say that: > The special nature of eminent domain justifies a district judge, when his > familiarity with the problems of local law so counsels him, to ascertain the > meaning of a disputed state statute from the only tribunal empowered to > speak definitively – the courts of the State under whose statute eminent > domain is sought to be exercised – rather than himself make a dubious and > tentative forecast.

In October 1914 the Australian Parliament enacted the War Precautions Act 1914 which authorized the Governor-General to "make regulations for securing the public safety and the defence of the Commonwealth, and for conferring such powers and imposing such duties as he thinks fit, with reference thereto, upon the Naval Board and the Military Board and the members of the Naval and Military Forces of the Commonwealth". Pursuant to this power, the Governor-General (in Council) made the War Precautions (Prices Adjustment) Regulations 1916, which proclaimed various areas, including "(c) The area comprised within a radius of ten miles from the General Post Office, Melbourne, in the State of Victoria." and provided that > 9.(1) The Governor-General may from time to time, on the recommendation of > the Board— :(a) determine the maximum prices which may be charged for flour > and bread sold in any proclaimed area; :(b) determine the conditions under > which flour and bread may he sold therein. (2) Any such determination shall > be published in the Gazette, and shall from the date specified in the > Gazette have the force of law.