Procedure after counterclaim against another person
10.04 Procedure after counterclaim against another person
If a defendant joins a person as defendant to the counterclaim under Rule 10.03, the defence and counterclaim must contain a second title of the proceeding showing—
who is plaintiff to the counterclaim; and
who are defendants to the counterclaim.
The defendant must serve on the person joined as defendant to the counterclaim a copy of the defence and counterclaim as follows—
if the person so joined is already a party to the proceeding, the copy must be served within the time fixed by Rule 10.02(3) for serving a counterclaim;
if the person joined is not already a party, the copy must be served personally and, unless the Court otherwise orders, must be served within 30 days after the expiration of the time fixed by Rule 10.02(3) for serving a counterclaim.
The person joined as a defendant to the counterclaim, upon service of a copy of the defence and counterclaim, if not already a party, becomes a party and is in the same position as if that person had been sued as defendant in the ordinary way by the defendant making the counterclaim.
Without limiting paragraph (3), if the person joined as defendant to the counterclaim is not already a party to the proceeding, Orders 8 and 11, and Part 1 of Order 21 apply as if—
the counterclaim were a complaint the statement of counterclaim on which constituted a statement of claim in accordance with Order 13; and
the defendant making the counterclaim were a plaintiff in the party; and
the person joined were a defendant in the proceeding.
A counterclaim served on a defendant to the counterclaim who is not already a party must, unless paragraph (6) applies, be in Form 10A.
If a counterclaim is to be served out of Australia it must be in Form 10B.
Two notices of defence in Form 8A, with any necessary modification, must be served with a counterclaim.
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