Court Procedures Rules
470Counterclaim—conduct and pleading
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470 Counterclaim—conduct and pleading (1) These rules apply, with necessary changes, to the conduct and pleading of a counterclaim as if— (a) the plaintiff on the counterclaim were the plaintiff in an original (b) the defendant to the counterclaim were the defendant to the original proceeding; and (c) the counterclaim were an originating process. (2) However, if a party against whom a counterclaim is made has filed and served a notice of intention to respond or defence in accordance with part 2.3 (Notice of intention to respond and defence), the party is not required to file and serve a notice of intention to respond in relation to the counterclaim. (3) Subject to rule 471 (Counterclaim—order for separate hearing), a counterclaim must be heard at the hearing of the plaintiff’s claim.