ACTIn ForceRegulation
Court Procedures Rules
467Counterclaim—defence arising after answer
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467 Counterclaim—defence arising after answer
(1) This rule applies if a ground of defence to a counterclaim arises
(a) the defendant to the counterclaim files an answer to the
counterclaim; or
Rule 468
(b) the time limited by rule 466 (Counterclaim—answer to) for the
defendant to the counterclaim to file an answer to the
counterclaim ends.
(2) The defendant to the counterclaim may file a further answer to the
counterclaim not later than 7 days after the day the ground of defence
arises or at a later time with the court’s leave.
(3) The registrar must seal the further answer to the counterclaim and any
filed copies of the further answer.
Note The registrar may reject a further answer to a counterclaim that is filed
(see r 6140 (Rejecting documents—noncompliance with rules etc).
(4) The defendant to the counterclaim must serve a sealed copy of the
further answer to the counterclaim on the plaintiff to the counterclaim
at the plaintiff’s address for service on the day it is filed.
Note Rule 449 (Pleadings—confession of defence) applies to a defendant to a