sec.78Varying or setting aside errors as a result of slip or omission

sec.78 Varying or setting aside errors as a result of slip or omission

The court may, on application by a party or its own initiative, vary or set aside an order if the order contains an error made because of an accidental slip or omission. However, the court may vary or set aside the order only if— the court gives each party a reasonable opportunity to be heard on whether the order should be varied or set aside, through a hearing or otherwise; and for a party who has applied to have the order varied or set aside—the party has served notice of the application on the other parties to the proceeding. In making a decision under subrule (1) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. r 78 amd 2024 SL No. 76 s 20 (sec.78-ssec.1) The court may, on application by a party or its own initiative, vary or set aside an order if the order contains an error made because of an accidental slip or omission. (sec.78-ssec.2) However, the court may vary or set aside the order only if— the court gives each party a reasonable opportunity to be heard on whether the order should be varied or set aside, through a hearing or otherwise; and for a party who has applied to have the order varied or set aside—the party has served notice of the application on the other parties to the proceeding. (sec.78-ssec.3) In making a decision under subrule (1) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.

• (a) the court gives each party a reasonable opportunity to be heard on whether the order should be varied or set aside, through a hearing or otherwise; and
• (b) for a party who has applied to have the order varied or set aside—the party has served notice of the application on the other parties to the proceeding.
• (a) consider as paramount— (i) for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or (ii) for a decision in an adoption proceeding—the adoption principles; and Note— For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration.