Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 11 RULE 2

2. (1) A party to proceedings by whom a pleading has been filed may withdraw
the pleading at any time by filing a notice of withdrawal of pleading in
accordance with Form 15.

(2) A party to proceedings by whom a pleading has been filed may amend the
pleading-

   (a)  at any time up to the day on which a date is fixed for the final
        hearing of the application to which the pleading relates-without the
        leave of the court; or

   (b)  at any later time-with the leave of the court, by filing in the
        filing registry a copy of the pleading with the amendment clearly
        marked or underlined.

(3) Where in proceedings a pleading is amended or withdrawn by a party-

   (a)  that party shall as soon as practicable after the amendment or
        withdrawal serve a copy of a notice of withdrawal, or the pleading as
        amended with the amendment clearly marked or underlined, on each other
        party to the proceedings;

   (b)  the amendment or withdrawal of the pleading does not preclude any
        other party to the proceedings from using the pleading as filed in
        cross-examination or in evidence; and

   (c)  the court may make such order as to the hearing or further hearing of,
        and as to such other matters of practice and procedure in relation to,
        the proceedings as it considers just and equitable in the
        circumstances.

(4) Where a pleading is amended or withdrawn it shall be so marked by the
Registrar, who shall endorse the date of amendment or withdrawal thereon and
the pleading shall, unless the court otherwise orders, remain on the court
file.