Pt 17 r 4 of the District Court Rules (NSW) (and its Supreme Court equivalent, Pt 20 r 4) validly permits amendment of a statement of claim to add or substitute a new cause of action arising from the same or substantially the same facts, with relation back to the original filing date, even where the limitation period is a substantive Federal extinguishment provision such as s 34 of the Civil Aviation (Carriers' Liability) Act 1959 (Cth). The rule is picked up by s 79 of the Judiciary Act 1903 (Cth) and is not inconsistent with Federal limitation provisions. However, the dissent raises serious questions about the doctrinal soundness of this position, and there is a conflict between intermediate appellate courts (NSW and Victoria on one hand; Western Australia in [name withheld] v [name withheld] on the other).
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