Court Procedures Rules 2006

These rules apply, with necessary changes, to the conduct and pleading of a counterclaim as if—

the plaintiff on the counterclaim were the plaintiff in an original proceeding; and

the defendant to the counterclaim were the defendant to the original proceeding; and

the counterclaim were an originating process.

However, if a party against whom a counterclaim is made has filed and served a notice of intention to respond or defence in accordance with part 2.3 (Notice of intention to respond and defence), the party is not required to file and serve a notice of intention to respond in relation to the counterclaim.

Subject to rule 471 (Counterclaim—order for separate hearing), a counterclaim must be heard at the hearing of the plaintiff’s claim.