GCLV v Minister for Immigration and Anor (No.2)

The applicant, GCLV, sought to amend an order previously made by the Federal Circuit and Family Court of Australia. The dispute concerned an order purportedly made under s 477(2) of the *Migration Act 1958* (Cth) which extended the time for the Minister for Immigration to file and serve a notice of appeal. This second order was made by a different judge, despite an earlier order by another judge that had already extended the time for the Minister's appeal.

The central legal issue before the Court was whether the second order, which extended time, could be amended under the "slip rule" to remove that extension. This required the Court to consider the nature of the slip rule and its application to orders made in circumstances where a prior, inconsistent order already existed.

Judge Manousaridis reasoned that 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 applied in this instance. His Honour found that the second order, by purporting to extend time when an extension had already been granted, contained an error arising from an accidental slip or omission. The Court applied the principle that the slip rule is intended to give effect to the court's intention and to correct manifest errors, rather than to alter the substantive rights of the parties.

The Court ordered that the second order be amended by removing the extension of time it purported to grant.