Weeramantry and Bendik (No. 2)

In *Weeramantry and Bendik (No. 2)*, Benjamin J of the Family Court of Australia considered an application to vary an existing court order concerning school holiday contact arrangements. The dispute centred on the precise wording of an order made on 12 January 2018, which stipulated contact arrangements for three weeks over the December/January school holiday period.

The primary legal issue before the court was whether the existing order contained a demonstrable error or ambiguity that warranted correction under the Slip Rule. The applicant sought to clarify the wording of the order to ensure it accurately reflected the parties' original intention regarding the duration and timing of the contact.

Benjamin J applied the Slip Rule, which permits courts to correct clerical mistakes or errors arising from an accidental slip or omission in judgments or orders. His Honour found that the existing wording of Order 7(c) was capable of creating uncertainty and that a minor variation was necessary to accurately reflect the intended meaning of the parties at the time the order was made.

Consequently, Benjamin J ordered that Order 7(c) made on 12 January 2018 be varied under the Slip Rule to provide for ‘three (3) weeks over the December/January school holiday period’. The precise form of the varied order was subject to its entry into the Court’s records.