Bahar and Sohrab (No. 4)

[2017] FamCA 765

FAMILY COURT OF AUSTRALIA

BAHAR & SOHRAB (NO. 4) [2017] FamCA 765

FAMILY LAW – PRACTICE AND PROCEDURE – Slip Rule Amendment
APPLICANT:	Ms Bahar

RESPONDENT: Mr Sohrab

FILE NUMBER: CAC 1429 of 2014

DATE DELIVERED: 13 September 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 13 September 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Farrar Gesini Dunn

SOLICITOR FOR THE RESPONDENT: Litigant in person

Orders

1. Pursuant to the slip rule, the words “Certificate of Title Folio …” in order 2 made 1 February 2017 be deleted and the words “Certificates of Title Folio …; Folio …; Folio/…; Folio …” will be inserted.

2. I reserve my decision in relation to the husband’s application for an adjournment of the wife’s cost application.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bahar & Sohrab (No. 4) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: CAC 1429  of 2014

Ms Bahar

Applicant

And

Mr Sohrab

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The wife has applied orally today to vary under the slip rule order 2 made by me on 1 February 2017. The application seeks that order 2 be amended to make reference to four certificates of title in relation to the Suburb Z property and not just one. The application is supported by an affidavit of the wife of 11 August 2017. In that affidavit the wife makes clear that an error was made in the orders sought at trial in relation to the description of the title of the Suburb Z property. Attached to the affidavit is a copy of the original valuation. The valuation from OO Valuers upon which the value of the Suburb Z property was based at trial makes it clear that in addition to the title which is relevant to the residential unit there are also three other separate titles to two garages forming a double garage and a ground floor laundry that are associated with the residential unit.

2. It is clear on the face of the material that it is appropriate to entertain an application under the provisions of rules 17.02(1)(g) and (h) Family Law Rules.

3. Accordingly because there was an error arising from an accidental slip or omission, order 2 made by me on 1 February 2017 will be varied so that the words “Certificate of Title Folio …” will be deleted and the words “Certificates of Title Folio …; Folio …; Folio/…; Folio … will be inserted.

I certify that the preceding three (3) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 13 September 2017.

Associate: 

Date:  21.9.2017