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1994 No. 279 FEDERAL COURT RULES (AMENDMENT) - RULE 3

3. Order 13, rule 2 (General)
3.1 Subrule 2 (1): Omit "The Court may,", substitute "Subject to the following
provisions of this rule, the Court may,".

3.2 Subrule 2 (3): Omit the rule, substitute:

"(3) Where an application to the Court for leave to make the amendment
mentioned in subrules (4), (5), (6) or (7) is made after any relevant period
of limitation current at the date of commencement of the proceeding has
expired, the Court may, nevertheless, grant such leave in the circumstances
mentioned in that subrule if it thinks it is just to do so.".

3.3 New subrules 2 (4), (5), (6) and (7): Insert after subrule (3):

"(4) Where there has been a mistake in the name or identity of a party, an
amendment to correct the name of the party may be made notwithstanding that
the effect of the amendment is to substitute another person as a party.



"(5) Where an order to correct a mistake in the name of a party has the effect
of substituting another person as a party, the proceeding shall be taken to
have commenced with respect to that person on the day the proceeding
commenced.



"(6) An amendment to alter the capacity in which a party sues may be made if
the new capacity is one which that party had at the date of the commencement
of the proceeding or has since acquired.



"(7) An amendment may be made notwithstanding that the effect of the amendment
will be to add or substitute a new claim for relief or another foundation in
law for a claim for relief if the new claim for relief or foundation in law
for that claim arises out of the same facts or substantially the same facts as
those already pleaded to support existing claims for relief by the party
applying for leave to make the amendment.". 


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