Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 461

(SCR o 23 r 3 (1) and o 25 r 10; MC(CJ)R s 48 (1); NSWA s 22; Qld r 177)

    (1)     In a proceeding, a defendant may make a counterclaim against a plaintiff, instead of bringing a separate proceeding.

    (2)     The defendant must state specifically that the defendant is making a counterclaim.

    (3)     For the Magistrates Court, the amount claimed by the counterclaim must not be more than the maximum amount for which the court has jurisdiction.

Note 1     The Magistrates Court Act 1930 , pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act. See also r 463 (Counterclaim—abandonment of excess in Magistrates Court).

Note 2     See r 219 (Counterclaim or set-off when co-plaintiff wrongly included).