Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 509

Amendment—procedure

    (1)     An amendment of a document made under this part must be distinguished so that the changes are identifiable.

    (2)     A party amending a document must file—

        (a)     a copy of the document that contains the amendments written on it; and

        (b)     a notice stating the following:

              (i)     the date of the amendment;

              (ii)     either—

    (A)     if the amendment was made with the court's leave—a statement to that effect and the date leave was given; or

    (B)     if the amendment was made without the court's leave—the number of the rule under which it was made.

    (3)     The notice must be on or attached to the copy of the document mentioned in subrule (2) (a).

Note     The copy of the document and notice must be served on each other active party (see r 511).

    (4)     However, if an amendment on a copy of the document is inconvenient or makes the document difficult to read, the party making the amendment must file—

        (a)     a revised document incorporating and distinguishing the amendments; and

        (b)     a notice stating the matters mentioned in subrule (2) (b) (i) and (ii).

    (5)     The notice must be on or attached to the revised document mentioned in subrule (4) (a).

Note     The copy of the document and notice must be served on each other active party (see r 511).

    (6)     Subject to rule 241 (Included or substituted defendant—filing and service of amended originating process), if an originating process is amended and the amendment is made on a copy of the originating process, the registrar must stamp the court's seal on the revised originating process near the amendment.

    (7)     If a revised originating process is filed under subrule (4), the registrar must seal the revised originating process.

    (8)     The court may direct how an amendment of a document is to be made.

Note     Pt 6.2 (Applications in proceedings) applies to an application for a direction under this subrule.



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