If the name on an enforcement order issued by the Magistrates Court is incorrect, is it still valid?
The address information is correct however.
The address information is correct however.
VIC Incorrect Name on Enforcement Order Issued by Magistrates Court - Valid?
- Thread starter krochlikmiov
- Start date
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- Tags
- magistrates court
Depends what you mean by "incorrect".
Civil procedure generally allows for petty human error to not be fatal to validity.
A mere "boo-boo" typing error will not invalidate an order,
especially where it is otherwise clear in respect of whom it is being made.
Likewise, the use of a formal name, or a name of record,
such as saying John, who is usually called Jack,
or Samir who is usually called Sam, will not invalidate it.
By comparison, an order made against somebody in a totally different name,
might.
Civil procedure generally allows for petty human error to not be fatal to validity.
A mere "boo-boo" typing error will not invalidate an order,
especially where it is otherwise clear in respect of whom it is being made.
Likewise, the use of a formal name, or a name of record,
such as saying John, who is usually called Jack,
or Samir who is usually called Sam, will not invalidate it.
By comparison, an order made against somebody in a totally different name,
might.
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