Amending Final Judgments and Orders

Amending Final Judgments and Orders




Amending Final Judgments and Orders
by John Tarrant
Hardcover 236 pgs.
Published: June 2010
ISBN-13: 9781862877900

The power of judges to amend final judgments and orders based on the inherent power of the courts and what is known as the slip rule is well established. What is uncertain is the limits of the jurisdiction to amend final judgments and orders. The scope of the slip rule in particular has expanded significantly in Australia in recent decades resulting in more cases in this area including a number of cases before the High Court of Australia. The book examines the inherent power to amend judgments and orders and the history of the slip rule. The issue of the coexistence of the power to amend judgments and orders and statutory deadlines is examined in detail as this issue remains the most controversial. There are a number of discretionary factors that courts consider when determining whether or not to amend final judgments and orders and these are examined together with a number of practical issues that arise in relation to amending judgments and orders.

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