How many times can a Statement of Claim be amended without leave within 28 days of its filing?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

A Statement of Claim can be amended once without the need for leave within 28 days of its filing. This provision is established under the Uniform Civil Procedure Rules, which allow for such an amendment to facilitate a more accurate reflection of a party's claims or defenses without undergoing the potentially more complex process of seeking court permission.

The rationale behind allowing one amendment within this time frame is to promote efficiency in civil proceedings and to enable parties to correct any deficiencies or errors in their pleadings early on in the litigation process. This approach encourages settlement and resolution without getting bogged down in procedural complexities.

Beyond the initial 28 days, any further amendments would require the party to seek leave from the court, allowing the court to evaluate if the amendment is necessary and should be permitted at that stage in the proceedings.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy