New material to add to a filed defence

[Lynnzer]

I have new material, ie evidence in the way of answers to FOI's and case transcripts from settled Australian cases which serve as persuasive precedent as it involves exactly the same issues and the same company, and also video footage to show non service of an advertising campaign.
My earlier defence submission had to be filed without these items as they simply weren't available at the time. Can I now re-write the defence and submit it, of course with sending a copy to the claimant as well.

[Lynnzer]

Anything guys n gals??????

[EXC]

Read PT2537's answers to a similar question here http://legalbeagles.info/forums/foru...o-your-defense

[Lynnzer]

Read PT2537's answers to a similar question here http://legalbeagles.info/forums/foru...o-your-defense

Thanks BUT not at all similar.
I have submitted a defence to comply with the need to get it to them within 28 days but in the meantime I had been waiting to hear from various sources for evidential material. That is I had submitted a FOI request to a hospital whose answer was likely to be useful to my defence, and was as it so happened. That took me well beyond the statutory limit of 28 days to receive and submit it in the defence.
Also I was awaiting a court transcript from Australia I intended to use as a persuasive precedent in my case as it involves the same Group of companies and in the same situation. The outcome of the case was already known to be in my favour, ie they were fined $230,000 Australian Dollars by the Federal Court of Australia. It took a lot longer than the 28 days to find a transcript and although the case was mentioned in my defence I had no transcript to show.
Other useful material has also been found that I would want included in the defence.

The case is marked for a late November hearing. I have already asked the court to use their powers of case management to strike the case out as the wrong name is on the case details, ie it's shown as a name without a Ltd after it, and the right respondent's name is one with Ltd on it. for example, John Smith Confectionery instead of John Smith Confectionery Ltd. Also the signature on the contract they have presented to the court has been altered.

Still waiting to hear from the court on the strike out but I called them last week and they say they are about 4 weeks behind in their workload. If they don't strike out I will most definitely want to bring in the new material.

For those who can pick details out of a website posting that has been made to assist others in the same situation with the same company the post is here.

Having to put a defence together which is complicated and relies on material not instantly available within the 28 day deadline is really not in the best interests of the legal justice system. Surely additional details could be added without recourse to special consent as long as it is served on the court and claimant in as timely a manner as possible.