Aon Risk Services Australia Limited v Australian National University

Practice and procedure – Pleadings - Amendment - Where application for leave to amend statement of claim made on third day of four week trial - Whether application should have been granted.

Practice and procedure – Pleadings - Amendment - Where Court Procedures Rules 2006 (ACT) ("Rules"), r 502 provided that court may give leave to amend pleadings "in the way it considers appropriate" - Where r 21 provided objectives of Rules to facilitate just resolution of real issues in proceedings and timely disposal of proceedings at affordable cost - Relevance of case management principles to application to amend - Capacity of costs to overcome prejudice to opposing party - Whether party should be permitted to amend to raise arguable issue subject to payment of costs - Whether Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 [1997] HCA 1 should be overruled - Relevance of stage of proceedings at which amendment sought - Relevance of explanation for delay in seeking amendment - Relevance of extent of proposed amendment.

Practice and procedure – Pleadings - Amendment - Where r 501(a) of Rules provided that all necessary amendments must be made for purpose of deciding "real issues in the proceeding" - Whether court retains discretion to grant amendment in these circumstances - Whether amendment necessary to raise arguable issues.

Practice and procedure – Pleadings - Amendment - Where r 501(c) of Rules provided that all necessary amendments must be made for purpose of "avoiding multiple proceedings" - Whether amendment necessary where potential further proceedings - Relevance of possibility that further proceedings would be barred on abuse of process or estoppel grounds.

Evidence – Legal professional privilege - Whether inference may be drawn from absence of explanation for delay where explanation rested on legal advice.

Words and phrases – "all necessary amendments", "avoiding multiple proceedings", "just resolution", "real issues in the proceeding".

Court Procedures Rules 2006 (ACT) – rr 21, 501, 502.