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r 10.02

When counterclaim allowed

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Part 2* * *

10.02 When counterclaim allowed

(1)

A defendant who has a claim against a plaintiff may counterclaim in the proceedings.

(2)

These Rules apply to a counterclaim as if the plaintiff were the defendant and the defendant were the plaintiff.

(3)

A defendant who counterclaims must file and serve the counterclaim no later than 21 days after notice of defence is given unless the Court otherwise orders.

(4)

A counterclaim served on a defendant to the counterclaim must, unless paragraph (5) applies, be in Form 10A.

(5)

If a counterclaim is to be served out of Australia it must be in Form 10B.

Rule 10.02(6) inserted by S.R. No. 102/2022 rule 12.

(6)

A counterclaim must include an email address for service of the defendant.

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