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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.