Rule 35.02 of the Magistrates' Court Civil Procedure Rules 2009 (Vic) confers a broad power to amend pleadings, and the phrase 'real question in controversy' encompasses questions that emerge from the evidence or argument of counsel during trial, including questions raised by the court itself. Where the Magistrates' Court Rules do not prescribe the relevant procedure, rule 1.12 imports the Supreme Court amendment rules. Administrative delay in delivering a ruling on an amendment application, not attributable to the parties, does not of itself vitiate the exercise of discretion to grant the amendment.
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