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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5621
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am a non-resident of Australia and I am currently the

Customer Question

My name is*****
I am a non-resident of Australia and I am currently the plaintiff in a case. At my last hearing, the registrar has given the following order:
"the plaintiff to file and serve any application to the Master to amend the Writ and to join additioanl parties to the proceeding by 26 November 2015."
My questions are as follows:
1. How to I make that application? Is it through a letter or some specific form?
2. When I will amend the writ, do I need to file any affidavit in support?
3. I am interested to join additional parties to the case but I am not exactly sure how to proceed.
Thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

What Writ are you seeking?
Which state are you in?
No affidavit necessary.
In the additional parties, you need to amend the originating process ie, the statement of claim / application to go to court

Customer: replied 1 year ago.
Hello Daniel,1. We are talking about a writ of summons to join additional parties to the proceeding.2. I am currently in Mauritius but the case is ongoing at the Supreme Court of Western Australia, Perth (WA)3. I understand that I need to make the amendment, but the Registrar has ordered us to make an application. See paragraph 1 of the attached order. We want to know if the application is to be made through a specific form or by way of letter. Do we need to attach the amended writ of summons in the application.4. Can I nominate someone in Australia to represent me to make the application and/or file any other document accordingly? Would that be applicable for any affidavit as well?Govinda
Expert:  Daniel replied 1 year ago.

Attend to send the same writ, with *AMMENDED* written to the top of the front page, and including the other party.
Have that filed and served.
Please rate my service and leave feedback.

Customer: replied 1 year ago.
Dear *****iel,Thank you for the clarification. However, I require more details about the procedures. Please respond to my queries 1-4 in my response on the 14th November.Thank youGovinda
Expert:  Daniel replied 1 year ago.

I would suggest that I have, however you should have a solicitor here represent you.