Johnston v Vintage Developments Pty Limited (ACN 067 567 006)

(2006) 228 ALR 387; [2006] FCAFC 171

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Catchwords

1. Practice and Procedure
2. › Federal Court procedure
3. › Pleadings
4. › Amendment
5. › Joinder of parties
6. › Amended application and statement of claim filed without leave within limitation period
7. › Whether filing a nullity or irregularity
8. › Whether irregularity curable by grant of leave nunc pro tunc
9. › Federal Court of Australia Act 1976 (Cth), s 51
10. › Federal Court Rules, O 6 rr 2, 4, 8; O 13 rr 2, 3, 3A
1. Practice and Procedure
2. › Federal Court procedure
3. › Limitation periods
4. › Joinder of additional respondent
5. › Documents filed within limitation period but without leave
6. › Leave sought after limitation period expired
7. › Whether leave nunc pro tunc available to regularise filing

Quick Take

Amended pleadings joining new parties filed without first obtaining leave constitute an irregularity capable of being cured by leave nunc pro tunc, not a nullity, provided the documents were actually filed within the limitation period.

Case Details

Citation[2006] FCAFC 171

Reported(2006) 228 ALR 387

CourtFCAFC

JurisdictionCommonwealth

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Cited by16

2026Onyema v Commonwealth of Australia (as represented by the Australian Taxation Office) (extension of time, application for stay)FCA 1530
2026Stanbury v Servite College Council IncFedCFamC2G 1136
2025Towns (a pseudonym) v Towns (a pseudonym)VSCA 32
2024Kinston (in his capacity as trustee of the DK Trust) v Welner and Ors (Ruling)VCC 1989
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