Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 462

    (1)     A defendant to a proceeding may make a counterclaim against a person other than a plaintiff (whether or not the person is already a party to the proceeding) if—

        (a)     the plaintiff is also made a party to the counterclaim; and

        (b)     either—

              (i)     the defendant alleges that the other person is liable with the plaintiff for the subject matter of the counterclaim; or

              (ii)     the defendant claims against the other person relief relating to or connected with the original subject matter of the proceeding.

Note     See r 464 (Counterclaim—pleading) and approved form 2.9 (Defence and counterclaim) AF2015-28

    (2)     If a defendant to a proceeding counterclaims against a person who is not a party to the original proceeding, the defendant must—

        (a)     make the counterclaim; and

        (b)     serve the following on the person within the time allowed for service on a plaintiff:

              (i)     the defence (including the counterclaim);

              (ii)     a sealed copy of any directions about filing and serving the defence (including the counterclaim);

              (iii)     a copy of a sealed copy of any other relevant order made in relation to the proceeding;

              (iv)     a copy of a sealed copy of the originating claim and its statement of claim;

              (v)     a copy of a stamped copy of all other pleadings filed in the proceeding;

              (vi)     a copy of a stamped copy of all applications in the proceeding not finally disposed of;

Note     Application in a proceeding is defined in r 6006.

              (vii)     a copy of all affidavits filed in the proceeding, other than affidavits that are not relevant to the issues arising on the counterclaim;

              (viii)     a copy of all other documents that have been served by the plaintiff on the defendant, or by the defendant on the plaintiff, and are intended to be relied on;

              (ix)     a copy of all amendments of any document mentioned in subparagraphs (iv) to (viii) or details of the amendments.

    (3)     A person not a party to the original proceeding who is included as a defendant to a counterclaim becomes a party to the proceeding on being served with the defence (including the counterclaim).

    (4)     If a defendant makes a counterclaim against a person not a party to the original proceeding, the relevant provisions (see subrule (5)) apply, with necessary changes, as if—

        (a)     the counterclaim were a proceeding started by originating claim; and

        (b)     the party making the counterclaim were a plaintiff; and

        (c)     each party against whom the counterclaim is made were a defendant.

    (5)     In subrule (4):

"relevant provisions" means the following provisions:

              •     part 2.2 (Starting civil proceedings)

              •     part 2.3 (Notice of intention to respond and defence)

              •     division 2.11.2 (Default by plaintiff)

              •     division 2.11.3 (Default by defendant)

              •     division 2.11.4 (Default by defendant—partial defence)

              •     division 2.11.5 (Summary judgment).