Tuesday, 10 March 2009

FMC case: slip rule

In a short judgment, Federal Magistrate Burnett in Wakehurst and Molvig summarised the slip rule, when the order as issued does not reflect the court's reasons:

The Court has an inherent power to amend an order in such a manner as to give
rise to the Court’s intentions even where the order has been entered. This power
arises even if the Court thought the order did reflect its intention; Gikas v
Papanayiotou (1977) 2 NSWLR 944; Hatton v Harris [1892]
AC 547.

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