Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p10
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 10/154)
Character Range: 239577–242088

to amend a pleading to add or substitute a new claim for relief, or a new foundation in law for a claim for relief, that arises, in whole or in part, out of facts or matters that have occurred or arisen since the start of the proceeding if the application would be made after the end of any relevant period of limitation applying at the date the proceeding was started.

16.54  Date on which amendment takes effect
  An amendment of a pleading that is made under rule 16.51 takes effect on the date the amendment is made or as otherwise ordered by the Court.

16.55  Consequential amendment of defence
 (1) The respondent may amend the defence if:
 (a) an applicant amends the statement of claim; and
 (b) the respondent has filed a defence before being served with a copy of the amended statement of claim.
 (2) The amended defence must identify the statement of claim to which it relates.
 (3) The right to amend the defence under subrule (1) is in addition to the right to amend a pleading under rule 16.51.
 (4) The respondent must file an amended defence within 28 days after the respondent is served with a copy of the amended statement of claim.

16.56  Consequential amendment of reply
 (1) The applicant may amend the reply if:
 (a) a respondent amends the defence; and
 (b) the applicant has filed a reply before being served with a copy of the amended defence.
 (2) The amended reply must identify the defence to which it relates.
 (3) The right to amend the reply under subrule (1) is in addition to the right to amend a pleading under rule 16.51.
 (4) The applicant must file an amended reply within 14 days after the applicant is served with a copy of the amended defence.
Note: For when an amended reply must be filed, see rule 16.58.

16.57  Implied joinder of issue after amendment
 (1) If a party does not amend a defence or reply when entitled to do so under rules 16.55 or 16.56, the party's existing defence or reply operates as a pleading in answer to the other party's amended pleading.
 (2) Rule 16.11 does not apply to the pleadings but, if no further pleading between the parties is filed, there is taken to be, at the close of pleadings, an implied joinder of issue in relation to the second pleading.

16.58  Time for amending pleading under Court order
  An order 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