Federal Court Rules 2011

A cross‑claimant may apply to the Court for leave to amend a notice of cross‑claim for any reason, including:

to correct a defect or error that would otherwise prevent the Court from determining the real questions raised by the cross‑claim; or

to avoid the multiplicity of proceedings; or

to correct a mistake in the name of a party to the proceeding; or

to correct the identity of a party to the proceeding; or

to change the capacity in which the party is suing in the proceeding, if the changed capacity is one that the party had when the proceeding was started, or has acquired since that time; or

to substitute a person for a party to the proceeding; or

to add or substitute a new claim for relief, or a new foundation in law for a claim for relief, that arises:

out of the same facts or substantially the same facts as those already pleaded to support an existing claim for relief by the applicant; or

in whole or in part, out of facts or matters that have occurred or arisen since the start of the proceeding.

For paragraph (1)(b) and the avoidance of multiplicity of proceedings, see section 22 of the Act.

A cross‑claimant may apply to the Court for leave to amend a notice of cross‑claim in accordance with paragraph (1)(c), (d) or (e) or subparagraph (g)(i) even if the application is made after the end of any relevant period of limitation applying at the date the proceeding was started.

However, a cross‑claimant must not apply to amend a notice of cross‑claim in accordance with subparagraph (1)(g)(ii) after the time within which any statute that limits the time within which a proceeding may be started has expired.

Cross claim and cross‑claimant are defined in the Dictionary.

For the Court’s power to make rules amending a document, see section 59(2B) of the Act.

Rule 9.05 deals with joinder of parties by court order.