Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 17.05

Setting aside or varying judgments or orders

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

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

                     (a)  it was made in the absence of a party; or

                     (b)  it was obtained by fraud; or

                     (c)  it is interlocutory; or

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

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

                      (f)  the party in whose favour it was made consents; or

                     (g)  there is a clerical mistake in the judgment or order; or

                     (h)  there is an error arising in the judgment or order from an accidental slip or omission.

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



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