Jeremy Schwalm v The Queen (No 2)

Jeremy Schwalm (the applicant) sought to amend an order of the Court of Appeal of the Supreme Court of Queensland. The dispute concerned the recording of an order made by the Court, specifically the end date of a sentence imposed on the applicant.

The primary legal issue before the Court was whether it possessed the power to amend its previous order to correct an error in the calculation of the sentence end date, where the recorded order did not accurately reflect the Court's original intention.

The Court reasoned that it had the inherent power to amend its orders to ensure they accurately reflected the Court's true intention and to correct clerical errors or misprisions. Applying this principle, the Court found that the incorrect calculation of the sentence end date constituted a misprision that could be rectified. The Court determined that the order should be amended to reflect the sentence end date as it was intended by the Court at the time of the original judgment.