The slip rule (UCPR r 36.17) is not available where the proposed variation involves a substantive alteration of the parties' rights requiring an independent exercise of discretion, even where the court's earlier omission of an order was due to oversight of a party's submissions. However, timely written notice of the proposed variation may be treated as an application under r 36.16, with formal requirements waived under s 14 of the Civil Procedure Act 2005 (NSW). A party who incurs enforcement disbursements before the opposing party articulates the ground on which they ultimately succeed may recover those disbursements where the enforcement steps were neither premature nor unreasonable.
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