Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 502

Amendment—of documents

    (1)     At any stage of a proceeding, the court may give leave for a party to amend, or direct a party to amend, an originating process, anything written on an originating process, a pleading, an application or any other document filed in the court in a proceeding in the way it considers appropriate.

    (2)     The court may give leave, or give a direction, on application by the party or on its own initiative.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for leave or a direction under this rule.

Note 2     Rule 6902 (Leave may be given on conditions) provides that, if the court gives leave under these rules, it may give the leave on the conditions it considers appropriate.

    (3)     The court may give leave to make an amendment even if the effect of the amendment would be to include a cause of action arising after the proceeding was started.

    (4)     If there is a mistake in the name or identity of a party, the court must give leave for, or direct the making of, amendments necessary to correct the mistake, even if the effect of the amendments is to substitute another person as a party.

    (5)     This rule does not apply in relation to an amendment of an order.

Note     See r 6906 (Mistakes in orders or court certificates) for amendment of orders.

    (6)     This rule is subject to rule 503 (Amendment—after limitation period).



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