(1) This division applies to—
(a) a proceeding started by originating claim; and
(b) a counterclaim, or third-party notice, made in a proceeding started by originating claim.
Note A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39).
(2) However, despite rule 39 (3) (Proceeding incorrectly started by originating application), this division applies to a proceeding started by an originating application only if the court orders the plaintiff to file and serve a statement of claim.