PRACTICE AND PROCEDURE — application to vary or substitute orders pursuant to “slip rule” or inherent jurisdiction — where previous orders recognised existence of constructive trust — where declaration expressed in present tense — whether present tense necessitated that constructive trust commenced prospectively from the date of orders — no occasion to apply the slip rule or exercise the inherent jurisdiction — where application to the Australian Taxation Office for a private binding ruling misstated effect of earlier reasons and orders — where defendant ordered to correct misstatement
Quick Take
1A declaration that property 'is held' on constructive trust, expressed in the present tense, recognises a pre-existing state of affairs and does not mean the trust was created on the date of the declaration; the institutional constructive trust exists independently of the curial declaration.
2The slip rule under UCPR r 36.17 does not permit correction of an order where the form adopted was the product of a deliberate decision reflecting the parties' agreed form and the court's first thoughts, even if the court might have acted differently had the issue been raised at the time.
3Where a party takes a step pursuant to a court direction (here, an ATO private binding ruling application) that misstates the effect of the court's reasons and orders, the court retains power to make consequential directions requiring correction of the misstatement.
