ZEBIC & BARRON (No.3)

[2016] FCCA 1698

FEDERAL CIRCUIT COURT OF AUSTRALIA

ZEBIC & BARRON (No.3) [2016] FCCA 1698

Catchwords:
FAMILY LAW – Children – parenting proceedings.

PRACTICE AND PROCEDURE – Slip rule – amendment of order under slip rule – order amended of the Court’s own motion – where name of child inadvertently omitted from parenting order.

Legislation:

Family Law Act 1975 (Cth), s.60CA

Cases cited:

Zebic & Barron [2015] FCCA 3613

Applicant: MS ZEBIC

Respondent: MR BARRON

File Number: NCC 2955 of 2010

Judgment of: Judge Scarlett

Hearing date: 6 July 2016

Date of Last Submission: 6 July 2016

Delivered at: Sydney

Delivered on: 7 July 2016

REPRESENTATION

Solicitors for the Applicant: Paula Tyrie Law Practice

Solicitors for the Respondent: Flintoff Lawyers

ORDERS

1. Order (12) made in these proceedings on 30 June 2015 is amended by inserting the words “to ensure that the child Z” so that the Order reads “The parties must do all things necessary to ensure that the child Z is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016”.

IT IS NOTED that publication of this judgment under the pseudonym Zebic & Barron (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

NCC 2955 of 2010

MS ZEBIC

Applicant

And

MR BARRON

Respondent

REASONS FOR JUDGMENT

Amendment of Order

1. Final parenting orders were handed down in this matter on 30^th June 2015. It has come to the attention of the Court whilst preparing the reasons for decision in an Application for costs arising out of that decision that the name and description of the parties’ child Z had inadvertently been omitted from Order (12) of the decision.

2. The Order has now been amended under the “slip rule”.   

Order

1. Order (12) formerly read:

   The parties must do all things necessary is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016

2. Whilst it was no doubt apparent that the Order referred to their son Z, the Order was nevertheless cryptic to any other reader. The order needs to be amended by the addition of the words “to ensure that the child Z”.

3. The order should then make more sense by reading:

   The parties must do all things necessary to ensure that the child Z is enrolled to attend the (omitted) Public School to commence Kindergarten at the commencement of the first school term in 2016.

Order

1. The Order will be amended under the “slip rule”.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Scarlett

Date: 7 July 2016