Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 471

    (1)     The court may, at any time, order that a counterclaim be heard separately from the hearing for the proceeding in which the counterclaim is made if it considers that hearing them together would—

        (a)     unfairly prejudice a party; or

        (b)     embarrass or delay the hearing of the proceeding; or

        (c)     be otherwise inconvenient.

    (2)     The court may order that a counterclaim be heard separately—

        (a)     on application by a party before the party files and serves an answer to the counterclaim; or

        (b)     on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (3)     The court may make the orders it considers appropriate about the conduct of the separate hearing.