By Molli Clements.

In the legal world, errors or mistakes can occasionally occur in court orders despite the best efforts of all parties involved. Luckily, the judicial system recognises this possibility and provides a mechanism to correct these errors promptly.

In Australia, the Slip Rule, introduced under Rule 10.13 of the Federal Circuit and Family Court of Australia Rules 2021, acts as a vital tool to rectify unintended errors, providing fairness and ensuring justice prevails.

Purpose of the Slip Rule

The Slip Rule, as described in Rule 10.13, offers a way to fix typographical errors, omissions, or accidental mistakes present in court orders or judgments. It is designed to accommodate human error while avoiding potentially time-consuming and costly appeals processes. By allowing the amendment of administrative errors and oversights, the Slip Rule helps maintain the integrity of judicial decisions.

Application of the Slip Rule

The Slip Rule should be employed judiciously, as it is meant to address genuine slip-ups rather than serve as an avenue to reopen cases or introduce new matters. It applies to judgments, orders, or other proceedings in the Federal Circuit and Family Court of Australia. The Slip Rule is not applicable if the correction sought would involve a change in substance, rewrite the decision, or deprive any party of their rights.

Types of Mistakes Correctable under the Slip Rule

The Slip Rule encompasses various types of errors that can be rectified, such as:

  • Clerical or typographical errors: These include misspelled words, incorrect dates, or transcription mistakes.
  • Inadvertent omissions: If a key element is mistakenly omitted from the decision or order, the Slip Rule allows it to be inserted.
  • Inconsistent or contradictory findings: If the decision contains contradictory statements or findings, the Slip Rule enables the correction of such inconsistencies.
  • Minor factual inaccuracies: The Slip Rule can address factual errors that do not alter the essence of the decision or order.

Need Advice?

This article provides general information about the Slip Rule. For specific legal advice, please contact our office to speak to a qualified lawyer to assist you.