Amending Final Judgments and Orders
By: John Tarrant
About This Book
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."The question of whether a court has power to alter a final judgment it has given to correct a mistake or oversight, or should exercise that power if it exists, arises frequently in the Australian courts. In the national court system as a whole, it would be a rare working day on which it did not arise somewhere at least once...This book fills a gap in the legal literature by collecting relevant English and Australian authorities on this topic, organising them systematically, and digesting and discussing them. The manner of its division into chapters and headings is an important part of the text, because it is the chapters and headings that impose a comprehensible conceptual structure on the subject... The tracing of the historical development of the law, within a particular chapter or heading, can help identify those cases that can no longer be relied on, and the areas of present uncertainty or development...I welcome the publication of the book. It will be a useful working tool for practitioners and the courts." Taken from the Foreword by J C Campbell, Judges' Chambers, Court of Appeal, Queens Square, Sydney.
AI Overview
"Amending Final Judgments and Orders" by John Tarrant is a legal practitioner book that focuses on the law related to amendments to judgments and orders obtained from all Australian courts and tribunals. Here is a comprehensive overview of the book:
Key Themes
- Inherent Power of Courts: The book examines the inherent power of judges to amend final judgments and orders. This power is well established but its limits are uncertain, leading to significant controversy and numerous cases before the High Court of Australia.
- Slip Rule: The book delves into the history and scope of the slip rule, which has expanded significantly in Australia in recent decades. This expansion has led to more cases in this area, including those before the High Court.
- Statutory Deadlines: The coexistence of the power to amend judgments and orders with statutory deadlines is a central issue explored in the book. This remains one of the most contentious areas in the field.
- Discretionary Factors: The book discusses the discretionary factors that courts consider when determining whether or not to amend final judgments and orders. These factors are crucial in understanding the practical application of the law.
- Practical Issues: The book addresses various practical issues that arise in relation to amending judgments and orders, providing a comprehensive guide for legal practitioners.
Plot Summary
The book does not have a narrative plot but rather serves as a detailed legal treatise. It provides an in-depth examination of the legal principles and practices surrounding the amendment of final judgments and orders in Australian courts and tribunals. The focus is on the legal framework, historical context, and practical considerations involved in amending these judgments.
Critical Reception
While specific reviews are not provided in the sources, the book's reputation can be inferred from its publication by a reputable legal publisher, Federation Press, and its inclusion in legal catalogs and databases such as LexisNexis. The book's detailed table of contents and index suggest a thorough and authoritative treatment of the subject matter, which is likely to be well-received by legal practitioners and scholars.
Publication Details
- Title: "Amending Final Judgments and Orders"
- Author: John Tarrant
- Publisher: Federation Press
- ISBN: 9781862877900
- Number of Pages: 236
- Weight: 450 g
Overall, "Amending Final Judgments and Orders" by John Tarrant is a valuable resource for legal professionals seeking to understand the complexities of amending final judgments and orders in Australian courts and tribunals.