Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 16.51

Amendment without needing the leave of the Court

         (1)   A party may amend a pleading once, at any time before the pleadings close, without the leave of the Court.

         (2)   However, a party may not amend a pleading if the pleading has previously been amended in accordance with the leave of the Court.

         (3)   A party may further amend a pleading at any time before the pleadings close if each other party consents to the amendment.

         (4)   An amendment may be made to plead a fact or matter that has occurred or arisen since the proceeding started.

Note 1    The object of this rule is to ensure that all necessary amendments may be made to enable the real questions between the parties to be decided and to avoid multiplicity of proceedings.

Note 2    For when the pleadings close, see rule 16.12.

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