Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 470

Counterclaim—conduct and pleading

    (1)     These rules apply, with necessary changes, to the conduct and pleading of a counterclaim as if—

        (a)     the plaintiff on the counterclaim were the plaintiff in an original proceeding; and

        (b)     the defendant to the counterclaim were the defendant to the original proceeding; and

        (c)     the counterclaim were an originating process.

    (2)     However, if a party against whom a counterclaim is made has filed and served a notice of intention to respond or defence in accordance with part 2.3 (Notice of intention to respond and defence), the party is not required to file and serve a notice of intention to respond in relation to the counterclaim.

    (3)     Subject to rule 471 (Counterclaim—order for separate hearing), a counterclaim must be heard at the hearing of the plaintiff's claim.



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