CWW17 v Minister for Home Affairs (No 2) [2019] FCA 361

CWW17 v Minister for Home Affairs (No 2) [2019] FCA 361

The formal orders and judgment omitted the general costs order that the Court intended to make in lieu of a lump sum costs order. That omission was an accidental omission within r 39.05(h) of the Federal Court Rules 2011 (Cth), so the orders should be varied to insert "with costs" into Order 2 and the published judgment amended correspondingly.

Jurisdiction
Australia
Judgment Date
14 March 2019
Procedural Posture
Purported Appeal Treated as an Application for an Extension of Time in Which to File and Serve an Application for Leave to Appeal / Application of Slip Rule Determined on the Papers
Outcome
Orders varied under the slip rule to add a general costs order.
Legal Topics
['slip Rule' 'costs' 'accidental Slip or Omission' 'want of Appearance']
['practice and Procedure'] ['slip Rule' 'costs' 'accidental Slip or Omission' 'want of Appearance']

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Procedural Posture

Purported Appeal Treated as an Application for an Extension of Time in Which to File and Serve an Application for Leave to Appeal / Application of Slip Rule Determined on the Papers

Legal Issues

  1. 1 ['Whether the omission of the words "with costs" from Order 2 of the orders made on 28 February 2019 was an accidental omission that could be corrected under r 39.05(h) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The formal orders and judgment omitted the general costs order that the Court intended to make in lieu of a lump sum costs order. That omission was an accidental omission within r 39.05(h) of the Federal Court Rules 2011 (Cth), so the orders should be varied to insert "with costs" into Order 2 and the published judgment amended correspondingly.

Court Disposition

Orders varied under the slip rule to add a general costs order.

Orders

  • ['Pursuant to r 39.05(h) of the Federal Court Rules 2011 (Cth) (the "slip rule"), the words "with costs" be inserted into Order 2 of the orders of the Court made on 28 February 2019 following the word "dismissed".' 'A corresponding change be made to the statement of those orders in CWW17 v Minister for Home Affairs...