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Lodging a Counterclaim

If you are a defendant in a matter, and you have a claim against the plaintiff (and any others), you may lodge a counterclaim in the same proceedings. This has the effect of the Defendant in the claim becoming the Plaintiff in the counterclaim and so on. A counterclaim is normally heard at the same time as the hearing of the original claim unless the Court otherwise orders.

If you wish to lodge a counterclaim, you must file and serve the counterclaim on the Defendant/s no later than 21 days after you filed and served your Notice of Defence (Form 8A).

The Counterclaim ( Form 10A) can be downloaded from the Forms panel to the right.  If the counterclaim is to be served out of Australia use Form 10B.

A counterclaim must contain:

1. A concise statement of the nature of the counterclaim;
2. Particulars of the counterclaim; and,
3. A statement of the amount, relief or remedy sought.

If the counterclaim arises from a motor vehicle collision, the counterclaim must also include:

1. The cost of repairs to the vehicle, with an itemised quotation of the cost of repairs attached; or,
2. A claim for the total loss of the vehicle, with an assessment of the loss attached.

Two notices of defence Form 8A must also be served with all counterclaims.

If the original complaint is stayed, dismissed, discontinued or struck out or if a decision is only given for the Plaintiff, a counterclaim continues until the court makes a final order on it.