Court Procedures Rules 2006

This rule applies in relation to an application for leave in a proceeding to make an amendment mentioned in this rule if a relevant period of limitation, current at the date the proceeding was started, has ended.

Note Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.

The court may give leave to make an amendment correcting a mistake in the name or identity of a party, even if the effect of the amendment is to substitute a new party, only if—

the court considers it appropriate; and

the court is satisfied that the mistake sought to be corrected—

was a genuine mistake; and

was not misleading or likely to cause any reasonable doubt about the identity of the person intending to sue or intended to be sued.

The court may give leave to make an amendment changing the capacity in which a party sues, whether as plaintiff or counter-claiming defendant, only if—

the court considers it appropriate; and

the changed capacity in which the party would then sue is a capacity in which the party might have sued on the day the proceeding was started by the party.

The court may give leave to make an amendment to include a new cause of action only if—

the court considers it appropriate; and

the new cause of action arises out of the same facts or substantially the same facts as a cause of action for which relief has already been claimed in the proceeding by the party applying for leave to make the amendment.