Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 64

Statutes of limitation (MCCJA s 135)

    (1)     If any relevant limitation period ends after a proceeding was begun and, after the end of the period, the applicant applies for leave to amend his or her application by making an amendment mentioned in this regulation, the Magistrates Court may, in accordance with the relevant subregulation, make an order giving leave to amend even though the period has expired, unless otherwise prevented by this part.

    (2)     If notice of a motion for leave to make an amendment is filed within 14 days after the date of filing the claim, leave may be given whatever the nature of the amendment.

    (3)     If, in an application, there is a mistake in the name of a party and the court is satisfied that the mistake is not misleading or a mistake that would cause doubt about the identity of the person mentioned, leave may be given to correct the mistake, whether or not the effect of the amendment would be to substitute a new party.

    (4)     This regulation does not limit the powers of the Magistrates Court under regulation 60 (General power of amendment).



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