Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This rule applies if an application for leave to make an amendment is made after the end of a relevant period of limitation current at the date the proceeding was started.
(2) The Court may give leave to make an amendment correcting the name of a party, even if it is alleged that the effect would be to substitute a new party, if:
(a) the Court considers it appropriate; and
(b) the Court is satisfied that the mistake sought to be corrected was genuine and was not misleading or such as to cause reasonable doubt as to the identity of the party.
(3) The Court may give leave to make an amendment changing the capacity in which a party seeks orders (whether as applicant or respondent by counterclaim) if:
(a) the Court considers it appropriate; and
(b) the capacity in which the party will seek orders is one in which, at the time the proceeding was started by the party, the party might have sought orders.
(4) The Court may give leave to make an amendment even if the effect is to include a new cause of action, if:
(a) the Court considers it appropriate; and
(b) the new cause of action arises out of the same, or substantially the same, facts as a cause of action for which relief has already been claimed in the proceeding by the party seeking leave to amend.