Dmitrieff and Shaw and Ors

In *Dmitrieff and Shaw and Ors*, Boland J considered an application to vary orders previously made by the Court on 3 September 2008. The dispute concerned the correction of an error in the original orders and the dismissal of a specific part of the wife's subsequent application.

The primary legal issues before the Court were whether the original orders should be varied pursuant to the slip rule to remove a reference to a rehearing of a review application, and whether the wife's application filed on 8 September 2008, specifically paragraph 1 thereof, should be dismissed. The Court also had to determine whether to vary the dates specified in the existing orders and to make orders regarding costs.

Boland J applied the slip rule to correct an error in the original orders, deleting the phrase "and for rehearing of the review application heard by Cohen J and remitted from the Full Court of this Court" from order 1. The Court dismissed paragraph 1 of the wife's application filed on 8 September 2008. Further, the Court varied the original orders by substituting later dates for those previously stipulated, specifically changing 15 October 2008 to 15 November 2008 in orders 2, 4, 5, 6, and 12, and 5 November 2008 to 5 December 2008 in orders 7, 8, 9, 10, and 13.

The Court ordered that the wife pay the husband's costs of and incidental to the application of 8 September 2008, to be agreed or assessed. This costs order was stayed pending the determination of proceedings under Section 79 between the husband, wife, and other parties.