Re AWB Ltd (No 7)

[2009] VSC 413

Supreme Court of Victoria

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Interrogate

Catchwords

1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend statement of claim
4. › Whether amendments necessary to determine real question in controversy
5. › Whether amendments necessary to avoid multiplicity of proceedings
6. › Relevance of case management principles
7. › Aon Risk Services Australia Ltd v ANU applied
8. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), rr 1.14, 36.01, 36.03
9. › Supreme Court Act 1986 (Vic), s 29(2)
1. Practice and Procedure
2. › Amendment of pleadings
3. › Relationship between r 36.01 and r 36.03
4. › Whether r 36.03 is an independent source of power to amend
5. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), rr 36.01, 36.03
1. Practice and Procedure
2. › Amendment of pleadings
3. › Exercise of discretion
4. › Whether mandatory objectives in s 29(2) and r 1.14 govern discretion under r 36.01
5. › Relevance of delay and prejudice
6. › Whether costs adequate remedy for prejudice
7. › Supreme Court Act 1986 (Vic), s 29(2)
8. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), rr 1.14, 36.01
1. Corporations
2. › Civil penalty proceedings
3. › Directors' duties
4. › Amendment of pleadings in ASIC proceedings
5. › Whether proposed amendments introduced new questions beyond existing controversy

Quick Take

The mandatory directions in s 29(2) of the Supreme Court Act 1986 (Vic) and r 1.14(1)(a) govern the exercise of the discretion to amend under r 36.01, requiring the court to ensure proceedings are determined promptly and completely. Rule 36.03 is not an independent source of power to amend pleadings; the reference to 'leave of the Court' in r 36.03 refers to leave under r 36.01. Amendments that introduce genuinely new questions rather than refining existing ones will not satisfy the 'real question in controversy' threshold, particularly at a late stage of proceedings.