Queensland Consolidated Acts

CIVIL PROCEEDINGS ACT 2011 - SECT 16

16 Amendment for new cause of action or party

(1) This section applies to an amendment of a claim, anything written on a claim, pleadings, an application or another document in a proceeding.

(2) The court may order an amendment to be made, or grant leave to a party to make an amendment, even though—

(a) the amendment will include or substitute a cause of action or add a new party; or

(b) the cause of action included or substituted arose after the proceeding was started; or

(c) a relevant period of limitation, current when the proceeding was started, has ended.

(3) Despite subsection (2) , the rules of court may limit the circumstances in which amendments may be made.

(4) This section—

(a) applies despite the Limitation of Actions Act 1974 ; and

(b) does not limit section 103H .