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r 9.05

Counterclaim

In force
Part 9Statement of claim, notice of defence and counterclaim
Division 3Counterclaim

9.05 Counterclaim

(1)

If:

(a) an employer served with a statement of claim has a claim against the worker; or

(b) a respondent served with a statement of claim has a claim against the applicant,

he or she may counterclaim in the proceeding by completing the part of the notice of defence that relates to a counterclaim.

(2)

A counterclaim is to contain:

(a)

a concise statement of the nature of the claim;

(b)

particulars of the claim; and

(c)

a statement of the relief or remedy sought.

(3) The pleadings in a counterclaim are to comply with Part 8 but a failure to comply does not invalidate the counterclaim.

(4)

These Rules apply to and in relation to a counterclaim as if:

(a) a reference in these Rules to a party who is the employer or respondent were a reference to the worker or applicant; and

(b) a reference in these Rules to a party who is the worker or applicant were a reference to the employer or respondent.

Part 10 Person under disability

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