HILLMAN & HILLMAN
Case
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[2017] FamCA 739
•22 September 2017
Details
AGLC
Case
Decision Date
HILLMAN & HILLMAN [2017] FamCA 739
[2017] FamCA 739
22 September 2017
CaseChat Overview and Summary
In the matter of *Hillman & Hillman*, Forrest J of the Family Court of Australia considered an application to amend a consent order made on 17 November 2016, pursuant to Rule 17.02 of the *Family Law Rules 2004* (Cth). The father also sought to vary existing interim parenting orders.
The court was required to determine whether the consent order could be amended under the slip rule, specifically whether the error in the original order was an accidental slip by the drafters. Additionally, the court had to assess whether varying the existing interim parenting orders was in the best interests of the children.
Forrest J found that the word "provisional" in order 1.2 of the consent order of 17 November 2016 was indeed an accidental slip by the drafters and therefore ordered its deletion pursuant to Rule 17.02(1). Regarding the father's application to vary the interim parenting orders, the court determined that such variation would not be in the children's best interests and consequently dismissed this application.
The court was required to determine whether the consent order could be amended under the slip rule, specifically whether the error in the original order was an accidental slip by the drafters. Additionally, the court had to assess whether varying the existing interim parenting orders was in the best interests of the children.
Forrest J found that the word "provisional" in order 1.2 of the consent order of 17 November 2016 was indeed an accidental slip by the drafters and therefore ordered its deletion pursuant to Rule 17.02(1). Regarding the father's application to vary the interim parenting orders, the court determined that such variation would not be in the children's best interests and consequently dismissed this application.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Procedural Fairness
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Jurisdiction
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Remedies
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Statutory Construction
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Citations
HILLMAN & HILLMAN [2017] FamCA 739
Cases Citing This Decision
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Statutory Material Cited
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