Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 13.5

5. (1) Where a party amends his pleading under sub-rule 3 (1), the Court, on
application by an opposite party, may, subject to sub-rule (3), by order
disallow the amendment.

(2) Where a party amends his pleading under sub-rule 3 (2) but without
obtaining the consent of a party, the Court, on application by that party,
may, subject to sub-rule (3), by order disallow the amendment.

(3) Notice of a motion under sub-rule (1) or (2) shall be filed and served
within 14 days after the date of service on the applicant under rule 10 of
this Order.

(4) Where, on the hearing of an application under sub-rule (1), the Court is
satisfied that, if an application for leave to make the amendment has been
made under sub-rule 2 (1) on the date on which the amendment was made under
sub-rule 3 (1) or (2), the Court would not have given leave to make the whole
or some part of the amendment, the Court shall disallow the amendment or that
part, as the case may be.