An amended company claim now names the director personally

The earlier advice may concern different papers

The first claim named only the company, but amended court documents now include your name. Send the complete new papers to the lawyer promptly. Do not rely on an earlier explanation that addressed the original company-only claim. The amendment needs assessment on its actual allegations, procedural status and the response required for each person now identified.

Compare the versions accurately

Imagine a director receiving an amended statement of claim after several months of company litigation. Keep both versions and identify the changed parties, allegations and relief sought. Do not assume every new paragraph concerns you, or that your name appearing somewhere automatically proves liability. Give the lawyer the document and delivery information rather than a photograph of the heading alone.

Obtain advice on the actual process

NSW Courts recommends legal advice before responding to civil proceedings and explains that courts and tribunals use particular procedures. Ask the lawyer which requirements apply to this amended claim in its jurisdiction. The general guidance does not establish your deadline or the validity of the amendment. Those questions need assessment from the current court file and documents.

Source: NSW Courts: Starting or responding to a civil claim

Clarify representation again

Ask whether the existing legal engagement covers your personal position and whether separate advice is needed. Do not assume the company lawyer automatically acts for every newly named individual. In the director's example, the company and personal responses may involve different factual issues or interests. Resolve that promptly so neither position is left unattended while everyone assumes it is included.

Provide the evidence relating to the new allegations

Preserve the relevant communications, signed documents and other records without changing the earlier file. Explain what you personally did or knew and distinguish it from company records or another person's account. Tell the adviser about insurance arrangements and any previous notifications so the consequences of the amended claim can be considered appropriately.

Update the response plan

Record confirmed instructions, required steps and responsible advisers for the current papers. Keep the superseded version for context but do not use it as the only task list. An amended claim is a reason to reassess the specific position, not a reason to assume the original legal advice was wrong or that personal liability has already been established.