QLDIn ForceAct
Civil Proceedings Act 2011
sec.16Amendment for new cause of action or party
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### sec.16 Amendment for new cause of action or party
This section applies to an amendment of a claim, anything written on a claim, pleadings, an application or another document in a proceeding.
The court may order an amendment to be made, or grant leave to a party to make an amendment, even though—
the amendment will include or substitute a cause of action or add a new party; or
the cause of action included or substituted arose after the proceeding was started; or
a relevant period of limitation, current when the proceeding was started, has ended.
Despite subsection (2) , the rules of court may limit the circumstances in which amendments may be made.
This section—
applies despite the Limitation of Actions Act 1974 ; and
does not limit section 103H .
s 16 amd 2016 No. 59 s 7
(sec.16-ssec.1) This section applies to an amendment of a claim, anything written on a claim, pleadings, an application or another document in a proceeding.
(sec.16-ssec.2) The court may order an amendment to be made, or grant leave to a party to make an amendment, even though— the amendment will include or substitute a cause of action or add a new party; or the cause of action included or substituted arose after the proceeding was started; or a relevant period of limitation, current when the proceeding was started, has ended.
(sec.16-ssec.3) Despite subsection (2) , the rules of court may limit the circumstances in which amendments may be made.
(sec.16-ssec.4) This section— applies despite the Limitation of Actions Act 1974 ; and does not limit section 103H .
- (a) the amendment will include or substitute a cause of action or add a new party; or
- (b) the cause of action included or substituted arose after the proceeding was started; or
- (c) a relevant period of limitation, current when the proceeding was started, has ended.
- (a) applies despite the Limitation of Actions Act 1974 ; and
- (b) does not limit section 103H .