Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p9
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 9/154)
Character Range: 237282–239772

trial refuse to allow the party to present a case that is outside the terms of their pleading.
Rules 16.46–16.50 left blank

Division 16.5—Amendment of pleadings

16.51  Amendment without needing the leave of the Court
 (1) A party may amend a pleading once, at any time before the pleadings close, without the leave of the Court.
 (2) However, a party may not amend a pleading if the pleading has previously been amended in accordance with the leave of the Court.
 (3) A party may further amend a pleading at any time before the pleadings close if each other party consents to the amendment.
 (4) An amendment may be made to plead a fact or matter that has occurred or arisen since the proceeding started.
Note 1: The object of this rule is to ensure that all necessary amendments may be made to enable the real questions between the parties to be decided and to avoid multiplicity of proceedings.
Note 2: For when the pleadings close, see rule 16.12.

16.52  Disallowance of amendment of pleading
 (1) If a party amends a pleading under rule 16.51(1), another party may apply to the Court for an order disallowing the amendment.
 (2) If a party purports to amend a pleading under rule 16.51(3) without obtaining the consent of another party, any other party may apply to the Court for an order disallowing the amendment.
 (3) A party applying for an order under subrule (1) or (2) must apply by interlocutory application within 14 days after the date on which the amended pleading was served on the party.
Note: The Court will disallow the amendment if the Court is satisfied that it would not have given leave on the date on which the amendment was made.

16.53  Application for leave to amend
 (1) Unless rule 16.51 applies, a party must apply for the leave of the Court to amend a pleading.
 (2) A party may apply under subrule (1) for leave 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 out of the same facts or substantially the same facts as those already pleaded to support an existing claim for relief by the party, even if the application is made after the end of any relevant period of limitation applying at the date the proceeding was started.
 (3) A party must not apply under subrule (1) for leave 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