Rule 21 of the Court Procedure Rules 2006 (ACT) does not modify the J L Holdings principles for amendment of pleadings; the paramount consideration remains justice between the parties. Where an amendment causes adjournment of a trial, indemnity costs rather than party-party costs may be required to adequately compensate the prejudice to the opposing party. The question of costs should be considered as part of the amendment test, not separately. The ACT provisions are materially different from the NSW Civil Procedure Act 2005 provisions (ss 56-58), and the NSW Court of Appeal's approach in Mulcahy does not apply in the ACT.
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