Queensland Consolidated Regulations
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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 74
Amendment of proceedings after change of party
74 Amendment of proceedings after change of party
(1) If an order is made changing or affecting the identity or designation of a
party, the plaintiff or applicant must—
(a) file an amended copy of the
originating process within the time specified in the order, or if no time is
specified, within 10 days after the order is made; and
(b) serve the amended
originating process on any new party within the time specified in the order.
(2) The plaintiff or applicant must also note on the amended copy of the
originating process a reference to the order, the date of the order and the
date the amended copy is filed.
(3) Within 10 days after an order is made
including or substituting a person as a defendant or respondent, the applicant
for the order must serve a copy of the order on every other continuing party
and on every person who becomes a party because of the order, unless the court
(4) If an order is made including or substituting a person
as a defendant or respondent, the proceeding against the new defendant or
respondent starts on the filing of the amended copy of the originating
(5) However, for a limitation period, a proceeding by or against a
new party is taken to have started when the original proceeding started,
unless the court orders otherwise.
(6) Unless the court otherwise orders—
(a) for a new defendant or respondent who is a substituted defendant or
respondent—everything done in the proceeding before it was started against
the new defendant or respondent has the same effect in relation to the new
defendant or respondent as for the original defendant or respondent; and
for another new defendant or respondent—the proceeding must be continued as
if the new defendant or respondent were an original defendant or respondent.
(7) Subrule (6) (a) does not apply to the following—
(a) the filing of a
notice of intention to defend by an original defendant;
(b) an admission made
by an original defendant or respondent;
(c) an order for costs either in
favour of, or against, the original defendant or respondent.
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