Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 10.04

    (1)     Where a defendant joins a person as defendant to the counterclaim under Rule 10.03, the defence and counterclaim shall contain a second title of the proceeding showing—

        (a)     who is plaintiff to the counterclaim; and

        (b)     who are defendants to the counterclaim.

    (2)     The defendant shall serve on the person joined as defendant to the counterclaim a copy of the defence and counterclaim as follows—

        (a)     where the person so joined is already a party to the proceeding, the copy shall be served within the time fixed by Rule 14.04 for serving a defence;

        (b)     where the person joined is not already a party, the copy shall be served personally and, unless the Court otherwise orders, shall be served within 30 days after the expiration of the time fixed by Rule 14.04 for serving a defence.

    (3)     The person joined as a defendant to the counterclaim shall, upon service of a copy of the defence and counterclaim, if not already a party, become a party and be in the same position as if that person had been sued as defendant in the ordinary way by the defendant making the counterclaim.

    (4)     Without limiting paragraph (3), where the person joined as defendant to the counterclaim is not already a party to the proceeding, Orders 8, 11, 14 and 21 shall apply as if—

        (a)     the counterclaim were a writ the indorsement of claim on which constituted a statement of claim in accordance with Rule 5.04;

        (b)     the defendant making the counterclaim were a plaintiff in the party; and

        (c)     the person joined were a defendant in the proceeding.

    (5)     A counterclaim served on a defendant to the counterclaim who is not already a party shall commence with a notice in Form 10A.

    (6)     A notice of appearance by a defendant to a counterclaim who is not already a party shall be in Form 10B.