Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 60

General power of amendment (MCCJA s 126)

    (1)     At any stage of a proceeding, the Magistrates Court may order that a document filed in the proceeding be amended, or give leave to a party to amend a document filed by the party in the proceeding, in the way the court considers just.

    (2)     The Magistrates Court may make the order on application by a party or on its own initiative.

    (3)     All amendments necessary to do the following must be made:

        (a)     to work out the real questions raised by, or otherwise depending on, the proceeding;

        (b)     to correct a defect or error in the proceeding;

        (c)     to avoid multiple proceedings.

    (4)     If, in a document filed in a proceeding, there has been a mistake in the name of a party to the proceeding, subregulation (1) applies in relation to the person intended to be made a party as if the person were a party.

    (5)     This regulation does not apply to the amendment of an order or certificate.



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