Employment Claims Rules 2017 · 2025 Revised Edition · Part 3 · Proceedings Before Tribunal
11. Counterclaim against claimant
Feedback & supportEvery counterclaim must be made in the relevant Form.
At the time of lodging any counterclaim, the respondent must pay the fee specified in item 3 of the Schedule.
At the time of filing a response to a counterclaim, the claimant must pay the fee specified in item 4 of the Schedule.
These Rules (except rules 8(1) and (2) and 10(2)) apply to a counterclaim as they apply to a claim, but with the following modifications:
any reference to a claimant is a reference to a person making the counterclaim;
any reference to a respondent is a reference to a person against whom the counterclaim is made.
Where a counterclaim is lodged in accordance with this rule, the Registrar must fix a case management conference or hearing, as appropriate, for both the claim and the counterclaim.
A counterclaim may be proceeded with regardless whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.
Where the whole or part of a counterclaim by a respondent is relied on as a response to the whole or part of a claim made by the claimant, a tribunal may —
set-off the amount of that whole or part of the counterclaim against the amount of that whole or part of the claim; and
proceed to make an appropriate order.
Subregulation 1
Every counterclaim must be made in the relevant Form.
Subregulation 2
At the time of lodging any counterclaim, the respondent must pay the fee specified in item 3 of the Schedule.
Subregulation 3
At the time of filing a response to a counterclaim, the claimant must pay the fee specified in item 4 of the Schedule.
Subregulation 4
These Rules (except rules 8(1) and (2) and 10(2)) apply to a counterclaim as they apply to a claim, but with the following modifications:
any reference to a claimant is a reference to a person making the counterclaim;
any reference to a respondent is a reference to a person against whom the counterclaim is made.
Subregulation 5
Where a counterclaim is lodged in accordance with this rule, the Registrar must fix a case management conference or hearing, as appropriate, for both the claim and the counterclaim.
Subregulation 6
A counterclaim may be proceeded with regardless whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.
Subregulation 7
Where the whole or part of a counterclaim by a respondent is relied on as a response to the whole or part of a claim made by the claimant, a tribunal may —
set-off the amount of that whole or part of the counterclaim against the amount of that whole or part of the claim; and
proceed to make an appropriate order.