Weekly Snapshot Issue No: 4 – 2 November 2018

Case we’re discussing…

Gani & Drasha [2018]FamCAFC 164

Whether we care to admit it or not… Judges & Lawyers are essentially human and can be prone to making slip-ups. 

To address this, the slip rule was created to correct minor errors without the need for undue formalities. 

The case of Gani & Drasha [2018]FamCAFC 164delves into a discussion of  rule 17.02 of the Family Law Rules, commonly known as the “slip rule”. This common law rule enables the Court to correct errors in Orders without the need for parties to file a new Application.  

The Honourable Justice Strickland clarified in this case however that “The slip rule can only be invoked if the orders do not accurately reflect what was actually decided and intended”and the “rule does not extend to correcting errors where the amendment would require the exercise of an independent discretion (e.g. see Burrell v The Queen (2008) 238 CLR 218).

For more about the application of the slip rule, read the case here: https://www.jade.io/article/608952

Phrase we’ve encountered… 

In reading through cases this week, we came across the famed “sword of Damocles”.This phrase dates back to an ancient moral parable popularised by the Roman philosopher Cicero. The origins of the phrase relates to an incident between Dionysius, the tyrannical king of Syracuse and his court flatterer, Damocles. 

So Dionysius was pretty much a dictator with major trust issues and so naturally, was tormented by fears of assassination. Damocles the professional bootlicker one day came along to compliment Dionysius on his fortunes and lavish lifestyle. Dionysius’ anxiety had peaked that day and he asked whether Damocles wanted to trial the King’s good fortunes and live the lavish lifestyle. He sat Damocles on the throne and ordered a host of servants to wait on him. Just as Damocles was starting to enjoy the life of the King, he noticed Dionysius had hung a gleaming sword above the throne, suspended by a single horsehair. Damocles panicked and sought that he be allowed to return to his usual life. 

Moral of the story:“With great power and fortune, also comes great danger”.

Quote we’re pondering:

 Change is inevitable. Growth is optional – John Maxwell. 

Must see Sydney event…

Each year, we make an attempt to dart in between the throngs of people photographing the coastline along the Bondi to Tamarama walk to appreciate the sculptures installed as part of “Sculpture by the Sea” exhibition. There are 107 thought-provoking sculptures from 21 different countries this year. Don’t miss Horizon by Mu Boyan, which is a fleshy obese figure installation taking prime position by the Pacific Ocean. The exhibition is on until Sunday 4thNovember. For more info: https://sculpturebythesea.com/  

 International movie we are obsessing over…

Custody is a French movie which follows the life of divorced couple, Miriam and Antonie Besson and their children post- separation. Opening scenes show the parties sitting beside their legal representative arguing their respective cases regarding the custody of their 2 children; particularly the young son Julien. 

Miriam is seeking sole custody of their son Julien to protect him from a father she claims is violent. Antoine pleads his case as a scorned dad whose children have been turned against him by their vindictive mother. Unsure who is telling the truth, the appointed judge rules in favour of joint custody.

Intense, powerful and Heart- stopping viewing. 

A sad reminder that although the Courts do their best to ensure that child’s’ best interest is protected, sometimes they get it completely wrong. 

We watched it a Dendy Movies Newtown:  https://www.dendy.com.au

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