J L Holdings does not establish that late amendments to pleadings must always be granted regardless of timing; the risk of adverse consequences in complex litigation from late amendments must be taken into account. A trial judge considering a late amendment application must evaluate the prejudice to the opposing party against the potential merit of the amendments, including any arguable defences to the proposed amendments. The duty of utmost good faith under s 23 of the Marine Insurance Act 1909 (Cth) is likely superseded by the rules of litigation once proceedings have commenced, following The Star Sea. The question whether knowledge of legal rights (as opposed to knowledge of facts) is required for election or waiver of breach of marine insurance warranty remains unresolved.
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