VIC Error in orders - how do i address this?

Discussion in 'Family Law Forum' started by malcolm_smith, 12 July 2018 at 9:01 PM.

  1. malcolm_smith

    malcolm_smith Well-Known Member

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    We agreed to minutes that both my ex partner and I havsigned off at the court, however, they've come back with one of the clauses that we'd removed reinstated.

    The court have made an error in typing up the orders.

    What do I do?
     
    #1 malcolm_smith, 12 July 2018 at 9:01 PM
  2. Rod

    Rod Well-Known Member

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    Write to the court and the other party notifying them of the mistake.
     
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    #2 Rod, 12 July 2018 at 9:47 PM
  3. malcolm_smith

    malcolm_smith Well-Known Member

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    do I just send em an email?
     
    #3 malcolm_smith, 12 July 2018 at 10:21 PM
  4. Rod

    Rod Well-Known Member

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    Yes, with the correction that is needed. Explain this is being requested under the 'slip rule'.
     
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    #4 Rod, 12 July 2018 at 10:37 PM
  5. Tim W

    Tim W Lawyer
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    In simple terms, the "slip rule" is the bit of law that allows for a mere human error boo-boo
    to not be fatal to the validity of a document.

    Just check that the one you left out is not one of the clauses that is compulsory.
    If so, then the court might have put it back because it has to be there.
     
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    #5 Tim W, 13 July 2018 at 6:53 AM
  6. Tim W

    Tim W Lawyer
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    Further, there is provision in the Family Law Rules to deal with genuine errors.
     
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    #6 Tim W, 13 July 2018 at 7:22 AM
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