Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p11
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 11/154)
Character Range: 241870–244589

that a party be permitted to amend a pleading ceases to have effect unless the party amends the pleading in accordance with the order within:
 (a) the period specified in the order; or
 (b) if no period is specified in the order—14 days after the date of the order.
Note: If the Court permits a party to amend a pleading, the Court may also make orders about the procedure for amending the pleading and serving the amended pleading.

16.59  Procedure for making amendment to pleading
 (1) A party entitled to amend a pleading without the leave of the Court, or a party who has been given leave to amend a pleading, must, if reasonably practicable to do so:
 (a) make the alterations on the pleading; and
 (b) write on the pleading the following information:
 (i) the date on which the amendment is made;
 (ii) the date on which the order permitting the amendment was made.
 (2) If the amendments to the pleading are so numerous or lengthy to make it difficult to read, or if the pleading was lodged by electronic communication, the applicant must file an amended pleading that:
 (a) incorporates and distinguishes the amendments; and
 (b) is marked with the information mentioned in subrule (1).

16.60  Service of amendment
  If a pleading is amended after it has been served, the party who made the amendment must, as soon as reasonably practicable, serve a copy of the revised pleading on the parties on whom the previous pleading was served.

Part 17—Interlocutory applications

17.01  Interlocutory application
 (1) A party who wants to apply for an order in a proceeding that has already started must file an interlocutory application, in accordance with Form 35, that must:
 (a) state, briefly but specifically, each order that is sought; and
 (b) if appropriate, be accompanied by an affidavit.
 (2) The party filing the interlocutory application must serve the interlocutory application and any accompanying affidavit on any other party at least 3 days before the date fixed for the hearing.
 (3) However, a party may make an oral application for an interlocutory order at a hearing.
Example: If a party is seeking to have a proceeding dismissed as disclosing no cause of action, the application should be made by interlocutory application.
Note 1: Interlocutory application is defined in the Dictionary.
Note 2: File is defined in the Dictionary as meaning file and serve.
Note 3: On the filing of an interlocutory application, a Registrar will fix the return date and place for hearing and endorse those details on the interlocutory application for service.

17.02  Reliance on correspondence or undisputed documents
 (1) An interlocutory application need not be accompanied by an affidavit if a party (the