Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 13.4

Consequential amendment of defence or reply
4. (1) Where an applicant amends his statement of claim-

   (a)  if the respondent has filed his defence, he may amend his defence; and

   (b)  the time for filing his defence or amended defence, as the case may
        be, shall be either the time fixed by these Rules for filing his
        defence or 14 days after service on him under rule 10 whichever
        expires later.

(2) Where a respondent amends his defence-

   (a)  if the applicant has filed a reply, he may amend his reply; and

   (b)  the time for filing his reply or amended reply, as the case may be,
        shall be either the time fixed by these Rules for filing his reply or
        14 days after service on him under rule 10, whichever expires later.

(3) The rights to amend under paragraph (1) (a) and paragraph (2) (a) are in
addition to the right to amend under rule 3.

(4) Where the following is the order of events-

   (a)  a party (in this rule called the first party) files a pleading (in
        this rule called the first pleading);

   (b)  an opposite party files a pleading (in this rule called the second
        pleading) in answer (whether by way of defence, reply or otherwise) to
        the first pleading;

   (c)  the first party amends the first pleading;

   (d)  the opposite party does not amend the second pleading within the time
        allowed by this rule, then-

   (e)  the second pleading shall have effect as a pleading in answer to the
        amended first pleading; and

   (f)  Order 11, sub-rule 14 (1) shall not apply but, if no further pleading
        between those parties is filed, there shall be, at the close of
        pleadings, an implied joinder of issue on the second pleading.



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