Sigley and De Santis & Ors (No 5)

In *Sigley and De Santis & Ors (No 5)*, Justice Wilson of the Family Court of Australia considered an application by the applicant for leave to further amend their statement of claim. The dispute involved complex issues, including allegations of sham transactions, and the court noted that a significant portion of a previously scheduled 12-day trial had been dedicated to arguing pleading amendments.

The primary legal issue before the court was whether to grant the applicant leave to amend their statement of claim, and if so, on what terms. This required the court to consider the principles governing amendments to pleadings, particularly in the context of ongoing litigation where substantial time and resources had already been expended. The court also had to assess the impact of any proposed amendments on the fairness and efficiency of the proceedings, given the advanced stage of the trial.

Justice Wilson allowed the amendments, indicating that the court's discretion to permit amendments is broad, provided they do not cause prejudice to the other parties that cannot be adequately compensated by costs or an adjournment. The court directed the applicant to file and serve full particulars of loss and damage by a specified date and ordered the parties to confer and formulate a minute of agreed orders to facilitate the further progression of the proceeding. The trial was subsequently fixed for an additional 18 days, commencing on 20 September 2021, and the matter was adjourned for mention.