Jayce and Pierce (No. 2)

Case [2020] FamCA 302


FAMILY COURT OF AUSTRALIA

JAYCE & PIERCE (NO. 2) [2020] FamCA 302
FAMILY LAW – PRACTICE AND PROCEDURE – Slip Rule Application – Primary judgment to be amended for mathematical error under the slip rule.
Family Law Rules 2004 (Cth) r 17.02
Jayce & Pierce [2019] FamCA 955
Milham and Stanford [2001] FamCA 294
TWN & PAQ [2005] FamCA 677
APPLICANT: Ms Jayce
RESPONDENT: Mr Pierce
FILE NUMBER: PAC 3716 of 2016
DATE DELIVERED: 30 April 2020
PLACE DELIVERED: Parramatta
PLACE HEARD: Parramatta
JUDGMENT OF: Foster J
HEARING DATE: 15 April 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Grew of Matthews Folbigg Pty Ltd
SOLICITOR FOR THE RESPONDENT: Mr Dunn of Watts McCray Lawyers

Orders

  1. That pursuant to Rule 17.02 of the Family Law Rules 2004 (Cth) the sum provided for in Order 2 of Orders made 12 December2019 be varied to “$48,236”.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Jayce & Pierce has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 3716 of 2016

Ms Jayce

Applicant

And

Mr Pierce

Respondent

REASONS FOR JUDGMENT

  1. The discrete application for determination is an application by the primary applicant wife for an amendment to final orders made 12 December 2019 (Jayce & Pierce [2019] FamCA 955) pursuant to the slip rule provisions of rule 17.02 of the Family Law Rules.

  2. Relevantly Rule 17.02 of the Family Law Rules 2004 provides:

    (1)The court may at any time vary or set aside an order, if:

    (a)it was made in the absence of a party; or

    (b)it was obtained by fraud; or

    (c)it is interlocutory; or

    (d)it is an injunction or for the appointment of a receiver; or

    (e)it does not reflect the intention of the court; or

    (f)the party in whose favour it was made consents ; or

    (g)there is a clerical mistake in the order; or      

    (h)there is an error arising in the order from an accidental slip or omission.

    (2)Subrule (1) does not affect the power of the court to vary or terminate the operation of an order by a further order.

  3. In Milham and Stanford [2001] FamCA 294 (18 May 2001) (and see also TWN & PAQ [2005] FamCA 677) the Full Court of the Family Court reviewed the well settled law at [23] and following:

    23.Kirby J in the High Court decision of DJL v Central Authority 170 ALR 659 at 685 considered this part of the Family Court Rules. He stated:

    [93]Some accidental slips…

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AGLC
Jayce and Pierce (No. 2) [2020] FamCA 302
Case
[2020] FamCA 302
Decision Date

CaseChat Overview and Summary

This matter concerned an application to vary a previous order made by Foster J in the Federal Circuit and Family Court of Australia. The parties, Jayce and Pierce, sought to alter the financial sum stipulated in an order dated 12 December 2019.

The central legal issue before the court was whether to vary the monetary amount previously ordered, pursuant to Rule 17.02 of the Family Law Rules 2004 (Cth). This rule permits the court to vary orders in certain circumstances, and the parties were seeking to invoke this provision.

Foster J considered the application and, applying Rule 17.02, ordered that the sum provided for in the previous order of 12 December 2019 be varied to $48,236. The court's reasoning and the specific factors leading to this variation are not detailed in the provided text, but the outcome reflects an exercise of the court's power to amend its prior financial orders.

Orders

Orders of the court

1.

That pursuant to Rule 17.02 of the Family Law Rules 2004 (Cth) the sum provided for in Order 2 of Orders made 12 December2019 be varied to “$48,236”.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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