Donnelly v Australia and New Zealand Banking Group Ltd (No 2)

In *Donnelly v Australia and New Zealand Banking Group Ltd (No 2)*, Ms Donnelly sought to set aside orders previously made by the Court. The dispute concerned the Court's power to revisit and vacate its own final orders after they had been entered. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court was whether it possessed the jurisdiction to set aside its own previously entered orders in circumstances where the Uniform Civil Procedure Rules (UCPR) provisions governing such applications (rr 36.15, 36.16, 36.17) were inapplicable, and where there was no allegation that the original orders were procured by fraud.

The Court of Appeal applied the principle established in *Bailey v Marinoff* (1971) 125 CLR 529. This principle dictates that once a court's orders have been entered, and in the absence of fraud or the applicability of specific rules allowing for their setting aside, the court generally has no inherent jurisdiction to vacate or set aside those orders. The Court found that the circumstances presented did not fall within any recognised exception to this rule.

Consequently, Ms Donnelly’s Notice of Motion was dismissed, and she was ordered to pay the costs of the proceedings.