Lansom v Lansom (No 2)

In Lansom v Lansom (No 2), the appellant, Mrs Lansom, sought to set aside consent orders that had been made by the Family Court. The orders had been made following a parenting dispute between the parties. The court was required to determine whether the consent orders contained an error, and if so, whether the court had the power to amend them under the slip rule. The Full Court of the Family Court of Australia was tasked with resolving this issue.

The primary legal issue before the court was whether the consent orders could be amended under the slip rule to correct an error. The slip rule is a principle of equity that allows a court to correct an error in orders where the error is apparent on the face of the orders and the parties agree to the amendment. The court considered whether the error in this case was sufficiently apparent and whether the parties had agreed to the amendment. The court also considered whether the error had caused any significant detriment to the parties and whether it was in the best interests of any children involved.

The court found that the consent orders contained an error, which was apparent on the face of the orders. The parties had agreed to the amendment, and there was no significant detriment to either party as a result of the error. The court held that it had the power to amend the orders under the slip rule, and that it was appropriate to do so in the circumstances of the case. The court made amended orders to correct the error in the original consent orders.

The court's decision in Lansom v Lansom (No 2) provides guidance to practitioners on the use of the slip rule in family law cases. The court confirmed that the slip rule can be used to correct errors in consent orders, provided that the error is apparent on the face of the orders and the parties agree to the amendment. The court also considered the potential detriment to the parties and the best interests of any children involved in determining whether to exercise its power to amend the orders.