Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 - RULE 17.05

Setting aside or varying judgments or orders

  (1)   The Court or a Registrar may vary or set aside a judgment or order before it has been entered.

  (2)   The Court or a Registrar may vary or set aside a judgment or order after it has been entered if:

  (a)   it was made in the absence of a party; or

  (b)   it was obtained by fraud; or

  (c)   it is interlocutory; or

  (d)   it is an injunction or for the appointment of a receiver; or

  (e)   it does not reflect the intention of the Court; or

  (f)   the party in whose favour it was made consents; or

  (g)   there is a clerical mistake in the judgment or order; or

  (h)   there is an error arising in the judgment or order from an accidental slip or omission.

  (3)   This rule does not affect the power of the Court or a Registrar to vary or terminate the operation of an order by a further order.



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