Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 17.02

Errors in orders
(1)
If a party claims that there is an error in an order issued by the court, the party must give written notice of the error to the Registry Manager and all parties.

(2)
A Registrar may rectify an error that appears obvious on reading the order.

Example
A kind of amendment that a Registrar may make under subrule (2) is the correction of a typographical error .
(3) If the Registrar:

(a)
is in doubt about whether there is an error in an order; or

(b)
believes that an error in an order has, or may have, arisen from an accidental slip or omission;

the Registrar may take action under subrule (4).

(4)
If subrule (1) or (3) applies, the party or Registrar may, after giving reasonable notice to each party, refer the order to the judicial officer who made it.

Note
If the judicial officer who made the order is unavailable, it may be referred to another judicial officer (see rule 1.13).

(5)
A judicial officer may, after giving each party a reasonable opportunity to be heard, rectify a suspected error referred to the judicial officer.

Note    An amendment of an order may be made under this rule only if it is an error obvious when reading the order. Any other amendment must be remedied by appeal or consent.



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