Victorian Consolidated Regulations

COUNTY COURT CIVIL PROCEDURE RULES 2008 - SECT 36.01.

General

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 originating process, an indorsement of
claim on originating process and 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) The Court may, notwithstanding the expiry of any relevant limitation
period after the day a proceeding is commenced, 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, shall apply to an
application under Rule 14.03(2).

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