Bahar and Sohrab (No. 4)

Case

[2017] FamCA 765

13 September 2017


Details
AGLC Case Decision Date
Bahar and Sohrab (No. 4) [2017] FamCA 765 [2017] FamCA 765 13 September 2017

CaseChat Overview and Summary

In *Bahar and Sohrab (No. 4)*, Watts J of the Supreme Court of Victoria considered an application to amend a previous court order. The dispute concerned the correction of an error in the description of Certificates of Title within an existing order.

The primary legal issue before the Court was whether the slip rule, which allows for the correction of clerical mistakes or errors arising from an accidental slip or omission in a judgment or order, could be invoked to amend the specified Certificates of Title in the prior order. The Court also had to determine the husband's application for an adjournment of the wife's costs application.

Watts J applied the principles of the slip rule, noting that it is intended to correct manifest errors and not to alter the substantive intentions of the court. The judge found that the omission of certain folio numbers was an accidental slip and that the amendment sought by the wife was consistent with the original intention of the order. The judge reserved his decision on the husband's adjournment application.

The Court ordered that the words “Certificate of Title Folio …” in the previous order be deleted and replaced with the corrected list of Certificates of Title Folio numbers. The decision on the husband's application for an adjournment of the wife's costs application was reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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