Uniform Civil Procedure Amendment Rule (No. 2) 2004 (Qld)

Queensland Uniform Civil Procedure Amendment Rule (No. 2) 2004 Subordinate Legislation 2004 No. 276 made under the Supreme Court of Queensland Act 1991 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of r 69 (Including, substituting or removing party) . . 2 4 Amendment of r 74 (Amendment of proceedings after change of party) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Replacement of rr 375 and 376 . . . . . . . . . . . . . . . . . . . . . . . . . . 2 375 Power to amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 376 Amendment after limitation period . . . . . . . . . . . . . . . 3 6 Amendment of r 387 (When amendment takes effect). . . . . . . . . 4

s1 2 s5 Uniform Civil Procedure Amendment Rule (No. 2) No. 276, 2004 2004 1 Short title This rule may be cited as the Uniform Civil Procedure Amendment Rule (No. 2) 2004 . 2 Rules amended This rule amends the Uniform Civil Procedure Rules 1999. 3 Amendment of r 69 (Including, substituting or removing party) Rule 69(2)(f) and (g)— omit, insert— ‘(f) for any other reason— (i) a claim made, or ground of defence raised, in the proceeding before the end of the limitation period can not be maintained; or (ii) relief sought in the proceeding before the end of the limitation period can not be granted; unless the new party is included or substituted as a party.’. 4 Amendment of r 74 (Amendment of proceedings after change of party) Rule 74(5)— omit, insert— ‘(5) However, for a limitation period, a proceeding by or against a new party is taken to have started when the original proceeding started, unless the court orders otherwise.’. 5 Replacement of rr 375 and 376 Rules 375 and 376— omit, insert—

s5 3 s5 Uniform Civil Procedure Amendment Rule (No. 2) No. 276, 2004 2004 ‘375 Power to amend ‘(1) At any stage of a proceeding, the court may allow or direct a party to amend a claim, anything written on a claim, a pleading, an application or any other document in a proceeding in the way and on the conditions the court considers appropriate. ‘(2) The court may give leave to make an amendment even if the effect of the amendment would be to include a cause of action arising after the proceeding was started. ‘(3) If there is misnomer of a party, the court must allow or direct the amendments necessary to correct the misnomer. ‘(4) This rule is subject to rule 376. ‘376 Amendment after limitation period ‘(1) This rule applies in relation to an application, in a proceeding, for leave to make an amendment mentioned in this rule if a relevant period of limitation, current at the date the proceeding was started, has ended. ‘(2) The court may give leave to make an amendment correcting the name of a party, even if the effect of the amendment is to substitute a new party, only if— (a) the court considers it appropriate; and (b) the court is satisfied that the mistake sought to be corrected— (i) was a genuine mistake; and (ii) was not misleading or likely to cause any reasonable doubt as to the identity of the person intending to sue or intended to be sued. ‘(3) The court may give leave to make an amendment changing the capacity in which a party sues, whether as plaintiff or counter-claiming defendant, only if— (a) the court considers it appropriate; and (b) the changed capacity in which the party would then sue is one in which, at the date the proceeding was started by the party, the party might have sued.

s6 4 s6 Uniform Civil Procedure Amendment Rule (No. 2) No. 276, 2004 2004 ‘(4) The court may give leave to make an amendment to include a new cause of action only if— (a) the court considers it appropriate; and (b) the new cause of action arises out of the same facts or substantially the same facts as a cause of action for which relief has already been claimed in the proceeding by the party applying for leave to make the amendment.’. 6 Amendment of r 387 (When amendment takes effect) (1) Rule 387(1)— omit, insert— ‘(1) If a document is being amended under this part, the amendment takes effect on and from the date of the document being amended.’. (2) Rule 387— insert— ‘(3) Despite subrule (2), if an amendment mentioned in subrule (2) is made, then, for a limitation period, the proceeding as amended is taken to have started when the original proceeding started, unless the court orders otherwise.’. ENDNOTES 1 Made by the Governor in Council on 9 December 2004. 2 Notified in the gazette on 10 December 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2004