Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 16.52

Disallowance of amendment of pleading

             (1)  If a party amends a pleading under rule 16.51(1), another party may apply to the Court for an order disallowing the amendment.

             (2)  If a party purports to amend a pleading under rule 16.51(3) without obtaining the consent of another party, any other party may apply to the Court for an order disallowing the amendment.

             (3)  A party applying for an order under subrule (1) or (2) must apply by interlocutory application within 14 days after the date on which the amended pleading was served on the party.

Note:          The Court will disallow the amendment if the Court is satisfied that it would not have given leave on the date on which the amendment was made.



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