Where a party seeks to reopen a judgment before entry of orders under O 35 r 7(1) of the Federal Court Rules, any misapprehension of fact by the Court that is attributable to the applicant's own conduct of the proceedings will not justify the exercise of the power to vary or set aside. A complaint that the Court did not expressly address an issue will not attract the power where the issue was in fact dealt with in the reasons.
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