Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 16.05

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

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

(a)
the order is made in the absence of a party; or

(b)
the order is obtained by fraud; or

(c)
the order is interlocutory; or

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

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

(f)
the party in whose favour the order is made consents.

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

Note
This rule does not apply to a decree nisi: see section 58 of the Family Law Act.



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