Victorian Consolidated Regulations

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 10.06

Despite Rules 10.02 and 10.03, if a counterclaim may embarrass or delay the hearing of the claim of the plaintiff or cause prejudice to any party or otherwise cannot conveniently be heard with that claim, the Court may—

        (a)     order separate hearings of the counterclaim and the claim of the plaintiff;

        (b)     order that any claim included in the counterclaim be excluded;

        (c)     strike out the counterclaim without prejudice to the right of the defendant to assert the claim in a separate proceeding;

        (d)     order that any person joined as defendant to the counterclaim cease to be a party to the counterclaim.