ACTIn ForceRegulation
Court Procedures Rules
463Counterclaim—abandonment of excess in Magistrates
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463 Counterclaim—abandonment of excess in Magistrates
(1) This rule applies to a defendant in a proceeding in the Magistrates
Court if the defendant has a cause of action against a plaintiff for an
amount that is more than the maximum amount for which the court
has jurisdiction (the maximum amount).
(2) The defendant may make a counterclaim in relation to the cause of
action if the defendant abandons the amount over the maximum
amount in the counterclaim.
(3) In the counterclaim proceeding—
(a) the defendant may not recover an amount that is more than the
maximum amount; and
Rule 464
(b) final judgment in the proceeding operates in full discharge of all
claims in relation to the cause of action.