Western Australian Current Acts Western Australian Current Acts (1) A counterclaim in
an action (except a counterclaim solely by way of defence) is, for the
purposes of this Act, a separate action.
(2) If a defendant in
an action makes a counterclaim against a plaintiff in the action the
counterclaim is to be taken to have commenced as against the plaintiff when
the defendant became a party to the action.
(3) If a defendant in
an action makes a counterclaim against a plaintiff in the action and then
joins another person as a party against whom the counterclaim is made the
counterclaim is to be taken to have commenced as against the other person when
the other person is joined as a party to the counterclaim.