Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 35.7

7. (1) The Court may vary or set aside a judgment or order before it has been
entered.

(2) The Court, where it is not exercising its appellate or related
jurisdiction under Division 2 of Part III of the Act, may if it thinks fit
vary or set aside a judgment or order after the order has been entered where-

   (a)  the order has been made in the absence of a party, whether or not the
        absent party is in default of appearance or otherwise in default and
        whether or not the absent party had notice of the motion for the
        order;

   (b)  the order was obtained by fraud;

   (c)  the order is interlocutory;

   (d)  the order is an injunction or for the appointment of a receiver;

   (e)  the order does not reflect the intention of the Court; or

   (f)  the party in whose favour the order was made consents.

(3) A clerical mistake in a judgment or order, or an error arising in a
judgment or order from an accidental slip or omission, may at any time be
corrected by the Court.

(4) Sub-rule (2) shall not affect the power of the Court to vary or terminate
the operation of an order by a supplementary order.