Horleck and Horleck and Ors (No. 2)
Case
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[2008] FamCA 683
•15 August 2008
Details
AGLC
Case
Decision Date
Horleck and Horleck and Ors (No. 2) [2008] FamCA 683
[2008] FamCA 683
15 August 2008
CaseChat Overview and Summary
In *Horleck and Horleck and Ors (No. 2)*, O'Reilly J of the Family Court of Australia considered an application by the husband, made by letter dated 22 July 2008, seeking to invoke the slip rule. The nature of the underlying dispute that led to this application is not detailed in the provided text, but it is clear that the husband sought to have a previous court order or decision altered or corrected under this rule.
The central legal issue before the court was whether the husband's application, made via letter, met the criteria for the application of the slip rule. This rule generally allows courts to correct accidental slips or omissions in judgments or orders. The court was required to determine if the circumstances presented by the husband warranted the exercise of this power.
O'Reilly J dismissed the husband's application. While the specific reasoning is not elaborated upon in the provided extract, the outcome indicates that the court found the application did not satisfy the requirements for invoking the slip rule. The court ordered that a transcript of the proceedings be prepared at the court's expense and provided to both parties.
The central legal issue before the court was whether the husband's application, made via letter, met the criteria for the application of the slip rule. This rule generally allows courts to correct accidental slips or omissions in judgments or orders. The court was required to determine if the circumstances presented by the husband warranted the exercise of this power.
O'Reilly J dismissed the husband's application. While the specific reasoning is not elaborated upon in the provided extract, the outcome indicates that the court found the application did not satisfy the requirements for invoking the slip rule. The court ordered that a transcript of the proceedings be prepared at the court's expense and provided to both parties.
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Areas of Law
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Family Law
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Civil Procedure
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Jurisdiction
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Most Recent Citation
Home and Home [2008] FamCA 1031
Cases Cited
4
Statutory Material Cited
1
Newmont Yandal Operations Pty Ltd v The J Aron Corporation and The Goldman Sachs Group Inc
[2007] NSWCA 195
Newmont Yandal Operations Pty Ltd v The J Aron Corporation and The Goldman Sachs Group Inc
[2007] NSWCA 195
Deputy Commissioner of Taxation v Healy
[2003] WASC 38