Victorian Consolidated Legislation

Limitation of Actions Act 1958 - SECT 34

Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394

34. Abrogation of rule in Weldon v. Neal (1887) 19 Q.B.D. 394



(1) If a court would, but for the expiry of any relevant period of limitation
after the day a proceeding in the court has commenced, allow a party to amend
a document in the proceeding, the court must allow the amendment to be made if
it is satisfied that no other party to the proceeding would by reason of the
amendment be prejudiced in the conduct of that party's claim or defence in a
way that could not be met by an adjournment, an award of costs or otherwise.

(2) This section does not apply to an amendment in a proceeding commenced
before 1 January 1987.