FEDERAL CIRCUIT COURT OF AUSTRALIA
| ZEBIC & BARRON (No.3) | [2016] FCCA 1698 |
| Catchwords: PRACTICE AND PROCEDURE – Slip rule – amendment of order under slip rule – order amended of the Court’s own motion – where name of child inadvertently omitted from parenting order. |
| Legislation: Family Law Act 1975 (Cth), s.60CA |
| Cases cited: Zebic & Barron [2015] FCCA 3613 |
| Applicant: | MS ZEBIC |
| Respondent: | MR BARRON |
| File Number: | NCC 2955 of 2010 |
| Judgment of: | Judge Scarlett |
| Hearing date: | 6 July 2016 |
| Date of Last Submission: | 6 July 2016 |
| Delivered at: | Sydney |
| Delivered on: | 7 July 2016 |
REPRESENTATION
| Solicitors for the Applicant: | Paula Tyrie Law Practice |
| Solicitors for the Respondent: | Flintoff Lawyers |
ORDERS
Order (12) made in these proceedings on 30 June 2015 is amended by inserting the words “to ensure that the child Z” so that the Order reads “The parties must do all things necessary to ensure that the child Z is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016”.
IT IS NOTED that publication of this judgment under the pseudonym Zebic & Barron (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
NCC 2955 of 2010
| MS ZEBIC |
Applicant
And
| MR BARRON |
Respondent
REASONS FOR JUDGMENT
Amendment of Order
Final parenting orders were handed down in this matter on 30th June 2015. It has come to the attention of the Court whilst preparing the reasons for decision in an Application for costs arising out of that decision that the name and description of the parties’ child Z had inadvertently been omitted from Order (12) of the decision.
The Order has now been amended under the “slip rule”.
Order
Order (12) formerly read:
The parties must do all things necessary is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016
Whilst it was no doubt apparent that the Order referred to their son Z, the Order was nevertheless cryptic to any other reader. The order needs to be amended by the addition of the words “to ensure that the child Z”.
The order should then make more sense by reading:
The parties must do all things necessary to ensure that the child Z is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016.
Order
The Order will be amended under the “slip rule”.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Scarlett
Date: 7 July 2016
- AGLC
- ZEBIC & BARRON (No.3) [2016] FCCA 1698
- Case
- [2016] FCCA 1698
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the slip rule could be invoked to amend the existing parenting order. Specifically, the Court had to determine if the omission of the child's name from the order constituted a clerical mistake or an error arising from an accidental slip or omission, thereby justifying an amendment under the Court's inherent power or relevant procedural rules.
Judge Scarlett applied the principles governing the slip rule, which permits courts to correct clerical mistakes or errors arising from accidental slips or omissions in judgments or orders. The Court found that the failure to include the child's name in the operative part of the order was a clear oversight, not a reflection of the Court's intended decision. The purpose of the order was to ensure the child's enrolment, and the omission of the child's name rendered the order incomplete and potentially ineffective.
Accordingly, the Court exercised its power to amend the order. Order (12) made on 30 June 2015 was amended by inserting the words "to ensure that the child Z", so that the order now reads: "The parties must do all things necessary to ensure that the child Z is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016".
Orders
Orders of the court
1.
Order (12) made in these proceedings on 30 June 2015 is amended by inserting the words “to ensure that the child Z” so that the Order reads “The parties must do all things necessary to ensure that the child Z is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016”.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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