Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p3
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 3/154)
Character Range: 222933–225619

or in part, out of facts or matters that have occurred or arisen since the start of the proceeding.
Note: For paragraph (1)(b) and the avoidance of multiplicity of proceedings, see section 22 of the Act.
 (2) A cross‑claimant may apply to the Court for leave to amend a notice of cross‑claim in accordance with paragraph (1)(c), (d) or (e) or subparagraph (g)(i) even if the application is made after the end of any relevant period of limitation applying at the date the proceeding was started.
 (3) However, a cross‑claimant must not apply to amend a notice of cross‑claim in accordance with subparagraph (1)(g)(ii) after the time within which any statute that limits the time within which a proceeding may be started has expired.
Note 1: Cross claim and cross‑claimant are defined in the Dictionary.
Note 2: For the Court's power to make rules amending a document, see section 59(2B) of the Act.
Note 3: Rule 9.05 deals with joinder of parties by court order.

15.16  Date on which amendment takes effect
  If a notice of cross‑claim is amended with the effect that another person is substituted as a party to the proceeding, the cross‑claim is to be taken to have started for that person on the date on which the notice of cross‑claim is amended.

15.17  Procedure for making amendment
 (1) A cross‑claimant given leave to amend a notice of cross‑claim must:
 (a) make the alterations on the notice of cross‑claim; and
 (b) write on the notice of cross‑claim 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 notice of cross‑claim are so numerous or lengthy to make it difficult to read, or if the notice of cross‑claim was lodged by electronic communication, the cross‑claimant must file an amended notice of cross‑claim that:
 (a) incorporates and distinguishes the amendments; and
 (b) is marked with the information mentioned in subrule (1).

15.18  Time for amending notice of cross‑claim under Court order
  An order that a cross‑claimant be permitted to amend a notice of cross‑claim ceases to have effect unless the cross‑claimant amends the notice of cross‑claim 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 on which the order permitting the amendment was made.
Note: If the Court permits a cross‑claimant to amend a notice of cross‑claim, the Court may also make orders about the procedure for amending the cross‑claim and serving the notice of cross‑claim.

15.19  Service of amended cross‑claim
  If a notice of cross‑claim is amended after it has