Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 74

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 orders otherwise.

(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 process.

(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

(b) 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.