Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 9.11

Amendment of proceedings after change of party

    (1)     Where an order is made under Rule 9.06 or 9.08

        (a)     the writ or other originating process filed in the Court shall, subject to Rule 27.02(5) and (6), be amended accordingly within the time specified in the order, and otherwise within 10 days after the making of the order; and

        (b)     a reference to the order, the date of the order and the date on which the amendment is made shall be indorsed upon such originating process.

    (2)     The filing of a copy of the originating process amended and indorsed as required by paragraph (1) shall be a sufficient compliance with that paragraph.

    (3)     Where an order is made under Rule 9.06 or 9.08 adding or substituting a person as defendant

        (a)     the proceeding against the new defendant commences upon the amendment of the filed originating process in accordance with paragraph (1) or (2);

        (b)     the plaintiff shall serve the amended originating process on that defendant within such time as the Court directs, and, unless the Court otherwise orders, it shall be served personally;

        (c)     unless otherwise ordered, where the new defendant is an added defendant, the proceeding shall be continued as if the new defendant were an original defendant, and where the new defendant is a substituted defendant, all things done in the course of the proceeding before it was commenced against the new defendant shall have effect in relation to the new defendant as they had in relation to the old defendant, except that the filing of appearance by the old defendant shall not dispense with the filing of appearance by the new.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback