Victorian Consolidated Regulations

COUNTY COURT CIVIL PROCEDURE RULES 2008 - SECT 9.11.

Amendment of proceedings after change of party

9.11. Amendment of proceedings after change of party



(1) Where an order is made under Rule 9.06 or 9.08, the writ or other
originating process filed in the Court shall be amended accordingly within the
time specified in the order, and otherwise within 10 days after the making of
the order, and 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.