Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 36.01

General

    (1)     For the purpose of—

        (a)     determining the real question in controversy between the parties to any proceeding; or

        (b)     correcting any defect or error in any proceeding; or

        (c)     avoiding multiplicity of proceedings

the Court may, at any stage order that any document in the proceeding be amended or that any party have leave to amend any document in the proceeding.

    (2)     In this Order "document" includes—

        (a)     originating process;

        (b)     an indorsement of claim on originating process; and

        (c)     a pleading.

    (3)     An indorsement of claim or pleading may be amended under paragraph (1) notwithstanding that the effect is to add or substitute a cause of action arising after the commencement of the proceeding.

    (4)     A mistake in the name of a party may be corrected under paragraph (1), whether or not the effect is to substitute another person as a party.

    (5)     Where an order to correct a mistake in the name of a party has the effect of substituting another person as a party, the proceeding shall be taken to have commenced with respect to that person on the day the proceeding commenced.

    (6)     Notwithstanding the expiry of any relevant limitation period after the day a proceeding is commenced, the Court may make an order under paragraph (1) where it is satisfied that any other party to the proceeding would not by reason of the order be prejudiced in the conduct of that party's claim or defence in a way that could not be fairly met by an adjournment, an award of costs or otherwise.

    (7)     For the purpose of paragraph (6) any other party to the proceeding includes a person who is substituted as a party by virtue of an order made to correct a mistake in the name of a party.

    (8)     Paragraph (6), with any necessary modification, applies to an application under Rule 14.03(2).

    (9)     Paragraph (1) shall not apply to the amendment of a judgment or an order.



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