Victorian Rule 36.01(6) extends to statutory limitation periods generally, including those imposed by Commonwealth legislation such as s 34 of the Civil Aviation (Carriers' Liability) Act 1959 (Cth). There is no inconsistency under s 109 of the Constitution between the rule and a Commonwealth extinguishment provision, because the rule addresses the exercise of judicial discretion on amendment while the common law doctrine of relation back (not the rule) preserves the cause of action. A statement of claim framed in negligence and breach of contract, without reference to the Carriers Act and without pleading the essential statutory facts, does not sufficiently raise a claim under Part IV of that Act.
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