ZEBIC & BARRON (No.3)

In the matter of *ZEBIC & BARRON (No.3)*, Judge Scarlett of the Family Court of Australia considered an application to amend a parenting order. The dispute arose from an inadvertent omission in a previous order concerning the enrolment of a child at a specific public school.

The central legal issue before the Court was whether the slip rule could be invoked to amend the existing parenting order. Specifically, the Court had to determine if the omission of the child's name from the order constituted a clerical mistake or an error arising from an accidental slip or omission, thereby justifying an amendment under the Court's inherent power or relevant procedural rules.

Judge Scarlett applied the principles governing the slip rule, which permits courts to correct clerical mistakes or errors arising from accidental slips or omissions in judgments or orders. The Court found that the failure to include the child's name in the operative part of the order was a clear oversight, not a reflection of the Court's intended decision. The purpose of the order was to ensure the child's enrolment, and the omission of the child's name rendered the order incomplete and potentially ineffective.

Accordingly, the Court exercised its power to amend the order. Order (12) made on 30 June 2015 was amended by inserting the words "to ensure that the child Z", so that the order now 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".