When is the deadline for supreme court - amend pleading without leave?
The catalogue records a 7 weeks period from The date fixed for the start of the trial (counted backwards). This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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Calculation basis and source
- Period
- 7 weeks
- Trigger
- The date fixed for the start of the trial (counted backwards)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- After this point amendment requires leave under O 21 r 5. In the District Court the cut-off is different: DCR 2005 r 48A(2) bars amendment without leave once a listing conference certificate is tendered or the case is listed for trial.
- Counted backwards from the trial date. Interpretation Act 1984 (WA) s 61(1)(c) governs: "where anything is to be done within a time before a specified day, the time shall not include that day", so the trial date itself is excluded. The Christmas suspension in O 3 r 3 applies to amendment of pleadings and can move this cut-off materially for early-year trials.