Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 9.54

Amendment of parties

             (1)  As soon as practicable after filing an originating application against a person in the person's business name, the applicant must:

                     (a)  take all reasonable steps to find out the person's description; and

                     (b)  apply to the Court for leave to amend the application, and any other document filed in the proceeding, to enable the proceeding to continue against the person in the person's name.

Note 1:       Description is defined in the Dictionary.

Note 2:       Amendments to originating applications are dealt with in Division 8.3 and amendments to pleadings are dealt with in Division 16.5.

             (2)  The applicant may take a step in the proceeding (other than those mentioned in paragraph (1)(a) and arranging for service of a copy of the application under paragraph (1)(b)) only if the amendments required under paragraph (1)(b) are made or the Court gives leave.

Note:          For service on a person under a legal incapacity, see rule 10.09.

             (3)  Nothing in this rule prevents a party from amending a document under rule 16.51 or 16.53.



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