If you receive a claim notice and you decide that it was the claimant who did the wrong, you may bring a claim against the claimant, called a counterclaim.

A counterclaim must include a ‘notice and statement of counterclaim’ in the appearance and defence filed with the District Court clerk and served on the claimant.

The counterclaim must:

  • State that you counterclaim against the claimant
  • Clearly and concisely set out the allegations you are making and the amount or other remedy you are seeking
  • List all correspondence and other doucments on which the counterclaim relies, including relevant dates
  • Be set out in numbered paragraphs.

You must pay stamp duty on the counterclaim as per the District Court Fees Order.