Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 173

173 Set-off

(1) A defendant may rely on set-off (whether or not of an ascertained amount) as a defence to all or part of a claim made by the plaintiff whether or not it is also included as a counterclaim.

(2) If the amount of a set-off is more than the amount of the claim against which it is set off, then, regardless of whether the set-off is pleaded as a counterclaim—

(a) the set-off may be treated as a counterclaim; and

(b) the court may give judgment for the amount of the difference or grant the defendant other relief to which the court considers the defendant is entitled.

Examples of other relief under subrule (2)(b)—

injunction, or stay, if within the court’s jurisdiction

(3) Despite subrules (1) and (2) —

(a) if the court considers a set-off can not be conveniently dealt with in a proceeding, the court may set aside a defence or counterclaim in the proceeding by way of set-off and may order that the set-off be dealt with in a separate proceeding; or

(b) if the court considers a set-off should not be allowed, the court may set aside a defence or counterclaim by way of set-off.