The Full Court varied order 6 of its earlier orders under r 39.05(e) and (h) of the Federal Court Rules 2011, holding that the original orders 5 and 6 were irreconcilable and did not reflect the majority's intention. The majority intended that the entire determination of Independent Counsel be set aside and the entirety of the appellant's claim under the Compensation Protocol be referred for redetermination, not merely the claims for non-economic loss and gratuitous care. The reference to those specific heads of claim in the original order was poorly expressed and did not limit the scope of the referral.
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