Lockie and Lockie (No. 2)
Case
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[2009] FamCA 768
•21 August 2009
Details
AGLC
Case
Decision Date
Lockie and Lockie (No. 2) [2009] FamCA 768
[2009] FamCA 768
21 August 2009
CaseChat Overview and Summary
The parties in this matter were Mr. Lockie and Mrs. Lockie, who were engaged in proceedings before Le Poer Trench J. The dispute concerned the distribution of sale proceeds from a property located at E Road, Northern Sydney, following an earlier court order.
The primary legal issue before the court was whether to amend a previous order made on 28 July 2009, pursuant to Rule 17.02(5) of the relevant court rules, commonly known as the "slip rule." This rule allows for the correction of clerical mistakes or errors arising from an accidental slip or omission in an order.
Le Poer Trench J applied the slip rule to amend Order 4(iv) of the previous judgment. The amendment clarified that upon the sale of the E Road property, the net sale proceeds, after any prior distributions, were to be paid in their entirety to the wife. This correction addressed an apparent oversight or error in the original order regarding the final distribution of the sale proceeds.
The primary legal issue before the court was whether to amend a previous order made on 28 July 2009, pursuant to Rule 17.02(5) of the relevant court rules, commonly known as the "slip rule." This rule allows for the correction of clerical mistakes or errors arising from an accidental slip or omission in an order.
Le Poer Trench J applied the slip rule to amend Order 4(iv) of the previous judgment. The amendment clarified that upon the sale of the E Road property, the net sale proceeds, after any prior distributions, were to be paid in their entirety to the wife. This correction addressed an apparent oversight or error in the original order regarding the final distribution of the sale proceeds.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
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Equity & Trusts
Legal Concepts
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Remedies
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Costs
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Procedural Fairness
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