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Slip Rule

Pls Explain in Layman's Terms

Can Someone explain in Layman's terms??

Say Hypothetically the court order was made verbally on 1 January 2009 to grant 14 days to respond. Then because the court forgot about it they made a revise order under slip rule at the 10th January 2009. Does that mean that the person has up to 24 th January to respond to court order instead of the 15th January 2009?

cheers,

The slip rule

You have it correctly. Obviously the Date 1 January is a mistake. So the court may correct the error without undue formallity.

The slip rule is intended to allow minor changes to orders to correct effects that were never intended.

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When I received my Orders recently I noticed there was an error in them and sought to have this amended.  I firstly rang the Court and was told I would need to write a letter to the Court explaining what I had just verbalised over the phone and it would then be looked into.  I next rang up Legal Aid to get some further information and they mentioned the slip rule.  However contrary to what the Court person said I was told by Legal Aid that even if the error was an oversight I would still need to file a new application to have this error amended. 

As it turns out I instead wrote a letter to the associate to the FM (advice from a previous rep) and was told it would be looked into and received amended Orders (just for the error) pursuant to Rule 16.05 (2)(e)

Please note: What I have written might not be the usual process for amendments/corrections to Orders under the 'Slip Rule' (or in general for that matter), I'm just a novice and can only really go on what I am told and my own experience.  Given I have intentionally omitted the details of what I had amended because this is a public area, I do apologise if my post appears or is inaccurate to the usual process or to this rule.

Cheers      

Last edit: by CrazyWorld


"Never, "for the sake of peace and quiet," deny your own experience or convictions". Dag Hammarskjold
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Slip Rule
C/- http://duhaime.org/LegalDictionary/S/SlipRule.aspx says;
A rule by which a Court can very exceptionally reopen a published order but only to correct an accidental slip or omission such as a clerical error.
Even though a court or judge may, upon issue of an order or judgment, be functus officio, that does not extend to the ability to correct an accidental slip or omission in the order or judgment so issued.
Jurisdictions vary as to the extent of discretion their respective rules of procedure give the court under the slip rule.
… furthermore says;
 …"Clerical mistakes in decisions or orders, or errors arising therein from any accidental mistake or omission, or an amendment to provide for any matter which should have but was not adjudicated upon, may at any time be corrected or granted by the Court, without appeal."
… The application to correct an existing order cannot go to a matter of substance unless the error is clear from the record.
Whether the rules of court provide for slip rule authority or not, the power to so act is based on common law and is part of the inherent jurisdiction of the court.
Although the slip rule is based in Common Law (long standing law created by judges) it is discretionary which means if the judiciary (includes the Registrar) do not want to correct the clerical error then they do not have to.

Ethics impose an obligation on the Registrar and/or Judge to make corrections whenever they are brought to their attention by a respectful letter.

Note the Common Law for the slip rule enables corrections to errors in decisions but such is also discretionary.
if the court makes a basic and obvious error in orders they can fix it, usually with a request by letter

happens more than should
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