› Setting aside and varying orders — unperfected orders — UCPR r 667(1)
Procedure
› Civil proceedings in state and territory courts
› Setting aside orders — fraud — UCPR r 667(2)(b) — standard of proof
Procedure
› Civil proceedings in state and territory courts
› Matters arising after order — newly discovered facts — UCPR r 668(1)(b)
Evidence
› Hearsay
› Admissibility on interlocutory applications — UCPR r 430(2) — affidavits on information and belief
Quick Take
1Under UCPR r 667(1), the court has a broad general discretion to vary or set aside an unperfected order, unfettered by the conditions in r 667(2) (fraud) or r 668(1) (newly discovered facts); the discretion is guided by whether there was a misapprehension of fact or law, the interests of justice, the public interest in finality, and the absence of fault on the applicant's part.
2On an interlocutory application, hearsay evidence admitted under UCPR r 430(2) need not prove fraud or forgery to the strict standard required under r 667(2)(b); it is sufficient if the evidence casts a real doubt on the authenticity of material that was the foundation for the original order, such that the order would likely not have been made had the evidence been available.
3Where an email is expressly addressed to a named person and the reply engages substantively with the content, a reasonable inference arises that the reply was sent by that person, affording the email sufficient weight for interlocutory purposes notwithstanding the absence of a sworn basis for attribution.
