Supreme Court of Judicature (Protection from Harassment) Rules 2021 · As enacted · Part 2 · Simplified Proceedings
19. Counterclaim against claimant
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A person on whom a claim is served and who intends to make a counterclaim must file and serve on the claimant a counterclaim in the appropriate Form.
At the time of filing a counterclaim, the person making the counterclaim must pay the applicable fee.
This Part (except rule 17(1)) applies to a counterclaim as if —
the counterclaim were a claim; (b)the person making the counterclaim were the claimant; and
the person against whom the counterclaim is made were an intended relevant party.
Where a counterclaim is filed 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A counterclaim may be proceeded with regardless of whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.
Where the whole or part of a counterclaim is relied on as a response to the whole or part of a claim under section 11 of the Act for damages (including enhanced damages under section 11A of the Act), a Protection from Harassment Court may —
set off the amount of the whole or part of the counterclaim against the amount of the whole or part of the claim; and
proceed to make an appropriate order.
Subregulation 1
A person on whom a claim is served and who intends to make a counterclaim must file and serve on the claimant a counterclaim in the appropriate Form.
Subregulation 2
At the time of filing a counterclaim, the person making the counterclaim must pay the applicable fee.
Subregulation 3
This Part (except rule 17(1)) applies to a counterclaim as if —
the counterclaim were a claim; (b)the person making the counterclaim were the claimant; and
the person against whom the counterclaim is made were an intended relevant party.
Subregulation 4
Where a counterclaim is filed 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 5
A counterclaim may be proceeded with regardless of whether the claim is granted, stayed, discontinued, withdrawn, dismissed or settled.
Subregulation 6
Where the whole or part of a counterclaim is relied on as a response to the whole or part of a claim under section 11 of the Act for damages (including enhanced damages under section 11A of the Act), a Protection from Harassment Court may —
set off the amount of the whole or part of the counterclaim against the amount of the whole or part of the claim; and
proceed to make an appropriate order.