Australian Capital Territory Numbered Regulations

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DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 67

Amendment after limitation period

    (1)     This section applies in relation to an application for leave in a proceeding to make an amendment mentioned in this section if a relevant period of limitation, current at the date the proceeding was started, has ended.

    (2)     The Magistrates Court may give leave to make an amendment, whatever the nature of the amendment, if a notice of motion for leave to make the amendment is filed not later than 14 days after the date of filing the claim.

    (3)     The Magistrates Court may give leave to make an amendment correcting a mistake in the name or identity 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 about the identity of the person mentioned.

    (4)     This section does not limit the powers of the Magistrates Court under section 63 (General power of amendment).



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