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Court Procedures Rules
461Counterclaim—against plaintiff
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461 Counterclaim—against plaintiff
(1) In a proceeding, a defendant may make a counterclaim against a
plaintiff, instead of bringing a separate proceeding.
Note See r 464 (Counterclaim—pleading) and approved form 2.9 (Defence and
counterclaim) AF2015-28.
(2) The defendant must state specifically that the defendant is making a
(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).