Amending Pleadings In Queensland Civil Proceedings

Article Summary

Amending Pleadings changes the formal case a party must meet. In Queensland, a pleading may generally be amended before a request for trial date without leave, but an originating process requires leave.

After a relevant limitation period expires, a proposed new cause of action must satisfy the conditions in r 376, including the requirement that it arise from the same or substantially the same facts as a claim already made.

Withdrawing an admission also requires leave. Once a request for trial date has been filed, r 470 restricts further amendments. Courts assess late changes by considering the explanation for delay, prejudice, costs and disruption to the trial.

Amending Pleadings changes the case a party has formally put in issue. In Queensland, a party can generally amend a pleading before a request for trial date without leave, but that freedom is qualified.