- (1)
- This rule applies if an application in a general federal law proceeding
for leave to make an amendment is made after the end of a relevant period of
limitation current at the date when the proceeding was started.
(2) The
Court may give leave to make an amendment correcting the name of a party, even
if it is alleged that the effect would be to substitute a new party, if:
- (a)
- the Court considers it appropriate; and
- (b)
- the Court is satisfied that the mistake sought to be corrected was genuine
and was not misleading or such as to cause reasonable doubt as to the identity
of the party.
(3) The Court may give leave to make an amendment changing the capacity in
which a party seeks orders (whether as applicant or respondent by
counterclaim) if:
- (a)
- the Court considers it appropriate; and
- (b)
- the capacity in which the party will seek orders is one in which, at the
time when the proceeding was started by the party, the party might have sought
orders.
(4) The Court may give leave to make an amendment even if the effect is to
include a new cause of action, if:
- (a)
- the Court considers it appropriate;
and
- (b)
- the new cause of action arises out of the same, or substantially the same,
facts as a cause of action for which relief has already been claimed in the
proceeding by the party seeking leave to amend.