Under O 32 r 1(6) of the ACT Supreme Court Rules, the general discretion to allow amendments does not extend to adding statute-barred causes of action unless the new cause of action arises out of the same or substantially the same facts as those already pleaded. Allegations of fraud, dishonesty and intentional wrongdoing do not arise out of the same or substantially the same facts as allegations of negligence, breach of duty and maladministration. Section 51 of the Limitation Act 1985 (ACT) does not operate to permit new causes of action added by amendment to a counterclaim; it only relates back existing claims.
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