VB (deceased) v State of Western Australia [2012] FCA 973

VB (deceased) v State of Western Australia [2012] FCA 973

The reference to Reserve 1101 in Schedule 4 was an accidental slip or clerical error, and it should be replaced with Reserve 1011 without requiring s 13 notification, as it does not alter the effect of the original orders.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 September 2012
Procedural Posture
Native Title Determination Variation / Application to Vary Previous Orders (judgment Correction)
Outcome
Application granted to vary previous orders by correcting the clerical error.
Legal Topics
['correction of Clerical Errors' 'slip Rule' 'native Title Act Procedures']
['native Title' 'civil Procedure'] ['correction of Clerical Errors' 'slip Rule' 'native Title Act Procedures']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Determination Variation / Application to Vary Previous Orders (judgment Correction)

Legal Issues

  1. 1 ['Whether the reference to Reserve 1101 in Schedule 4 was an accidental slip or omission' 'Whether it is appropriate to correct the error without the notification required by s 13 of the Native Title Act']

Ratio Decidendi

The reference to Reserve 1101 in Schedule 4 was an accidental slip or clerical error, and it should be replaced with Reserve 1011 without requiring s 13 notification, as it does not alter the effect of the original orders.

Court Disposition

Application granted to vary previous orders by correcting the clerical error.

Orders

  • ["The reference to 'Reserve 1101' in paragraph 2(a) of Schedule 4 to the Orders of the Court of 26 May 2011 be replaced with 'Reserve 1011'."]